Chapter 12 Improvements by Assessments

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I MPROVEMENTS B Y A SSESSMENTS§12-29 Article 3. Assessments. Section 12-29. Assessments fixed by ordinance; owner application to pay reduced assessment. (a) After the hearing, if applicable, the council shall forthwith proceed to make such modifications or changes as to them may seem equitable or just, or shall confirm the first proposed assessment. Upon reaching a final decision the council shall by ordinance, fix the portions of the cost to be assessed against the benefited assessment units and against the owners thereof respectively. The ordinance shall incorporate by reference the assessment roll as approved by the council. After the final enactment of such ordinance the amounts of the several assessments so listed, advertised and incorporated and not previously objected to shall be conclusively presumed to be just and equitable and not in excess of the special benefits accruing or to accrue by reason of the improvement to the specific assessment unit assessed. Any provision hereof to the contrary notwithstanding, if the improvement district includes any affected assessment units as to which a change in assessments is authorized by the resolution creating the improvement district pursuant to section 12-18, the ordinance shall incorporate the provisions of such resolution for the change in assessments, and shall authorize the director of finance to determine the final amounts of the changed assessments on the affected assessment units based on the actual classification or use thereof, and to revise the assessments on other assessment units downward to reflect the changed assessments on affected assessment units, all without further action or approval by the council, unless the number of affected assessment units is changed by more than ten percent or the aggregate amount of assessments on the affected assessment units is changed by more than ten percent, as compared to the number of affected assessment units or the aggregate assessments thereon contemplated by the resolution creating the improvement district, in which event the change in assessments shall require the approval of council by further resolution requiring not more than one reading for its adoption. (b) After commencement of improvement district proceedings and prior to the adoption of the improvement district ordinance described in section 12-29(a), an owner may apply for a reduction in the proposed assessment against an assessment unit as follows: (1) file a written application with the County clerk for a reduced assessment not later than one week prior to the time that the ordinance is placed on the council agenda for first reading; (2) deposit the full amount of the proposed reduced assessment, said deposit being an irrevocable commitment by the owner to the payment of the reduced assessment. The amount of reduction shall be as provided by the council, but shall not exceed the applicant’s proportionate share of the sum of the improvement district bond reserve fund and the improvement district bond discount allowance and other incidental expenses directly related to the issuance of improvement district bonds. For purposes of the deposit requirements of this section, the owner may direct that refunds due under section 12-7(a) be applied as a deposit hereunder. Such refund amounts shall thereafter be SUPP. 8 (7-2020) 12-23