05-23-1988 - Agenda Packet City Council - regular meeting

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whcthci Cr not they are liable to be as- sessed. l l 4. Ordering the improvement and preparation of plans. The resolution ordering the improvement may be passed by a mere majority of the council if proceedings were originally commenced by petition. If not, the resolution must be adopted by an affirmative vote by at least four -fifths of the council. It is after this that the city engineer should prepare the necessary plans and specifications. At this point the council should decide how the work is to be d7Re and, if necessary, issue a call for bids. 5. Tin:e limits for local imprure'ments. When a city council determines to make a public improvement, it must let the contract for all or part of the work, or order all or part of the work, done by day labor or other- wise, no later than one year after the adoption of the resolution ordering the improvement, unless a different time is specifically stated in the resolution order- ing the improvement. Performance of ►vork under contract or by day labor. The work may be done by day labor if the estimated cost does not exceed 15,000, if there are no bidders on the project, or if the only bids received exceed the estimated cost of the project. The term "day labor" refers to a procedure whereby the city carries out a public improvement with its own employees or with persons specifically hired for that purpose. No contract is given wider this system; the city itself assumes full responsibility for the work. Even under this system, however, purchases of more than $5,000 must be obtaine from the lowest responsible bidder' (See Chapter 21.) 7. Preparation of proposed assessment rolls. These must contain the information listed in the next subsection of this chapter. Their preparation is the clerk's responsibili- ty. 1 / It may be desirable to conduct before and after market improvement valuation studies regarding property to be assessed to determine the amount of special benefits. (See discussion of market value, above). V. 1'tiblic hearing off the pro!( osc•d assessment. The purpose of this second hearing is to give affected property owners an op- portunity to be heard on the (natter of the actual assessments being levied. Notice must be published one or more times in the official newspaper and mailed to each property owner at least two weeks prior to the hearing date. Finally, the total cost of the improvement project must be published in the city newspaper or, if none, in a county seat newspaper.) 8 It may be advisable in light of recent court decisions, to make available to the property owner an adversary proceeding at this hearing where evidence of market value Improvement will be considered and made a part of the assessment determination. The hearing notice shouid cont?in a state- ment that those who wish to dispute their assessment as determined in usual formula fashion may notify the council, and the council can then arrange for a hearing before an impartial hearing officer. The property owner could then put in such testimony as he thinks is relevant con- cerning the improvement in market value of this property, and the city could do likewise. A detailed record of this evident should be made. The city could than adoi the assessment roll, including assessmer s determined on a conventional formula ba• i and also including those determin• d in adversary proceedings. Appro-val and certification of assessment rolls. :after the public hearing, the council must approve the assessment rolls in their'nal form so that the clerk can certify th , to the county auditor for collec- tion. The (council should examine their assess - rolls in a very practical way to . mine whether or not an appeal is like)-; -to result from a particular assessment and v4-wther that assessment is realistic in views vif the real estate market in their city. 10. Issurna-c of obligatiins to finance the impso�c??.cnt. (This topic is discussed furtlNer '.:i the subsection entitled "Borrow- ing -fo< Special Assessment Purposes.") For a ftit l,0iset--ion of these steps, plus a full set of model fore c, s~, League publication "Local Improvement - 408 -