Chapter 12 Improvements by Assessments

Home

I MPROVEMENTS B Y A SSESSMENTS§12-1 “Sewer system improvement district” means an improvement district in which the improvements to be made are exclusively those to construct a sewer system or upgrade an existing sewer system, including the restoration of roadways or other facilities incidental to such construction or upgrading. “Storm drainage facility” includes “sanitary sewerage system.” “Water system improvement district” means an improvement district in which the improvements to be made are exclusively those to construct a water system or upgrade an existing water system, including the restoration of roadways or other facilities incidental to such construction or upgrading. (1983 CC, c 12, art 1, sec 12-1; am 1990, ord 90-127, sec 1; am 1995, ord 95-22, sec 2; am 2002, ord 02-82, sec 2; am 2011, ord 11-66, sec 2; am 2020, ord 20-7, sec 2.) 12-1 Section 12-2. Method; authority to issue bond. (a) Whenever in the opinion of the council it is desirable to make any special improvement in any improvement district, the special improvement shall be made and done under the provisions of this chapter. The cost of the special improvement including the cost of acquiring (whether prior to or after the commencement of the proceedings for such improvements) any new land therefor, shall be assessed against the assessment unit specially benefited on the basis of any method or methods which the council finds assesses the assessment unit according to the special benefits conferred thereon, which may include, without limitation, any of the following: (1) Frontage; (2) The area of the assessment unit; (3) The permissible number of dwelling units permitted on each parcel under applicable zoning provisions; (4) The amount of water allotted to each assessment unit; (5) Minimum required sewer capacity of the assessment unit; (6) Traffic generation/usage for road improvements; (7) The square footage of buildings and/or other improvements; or (8) Any other method that the council finds assesses said assessment units according to the special benefits conferred on said assessment units or any combination thereof. (b) Any provision or section to the contrary notwithstanding, in determining the applicable method of assessment for any improvement district under subsection (a) above, the council may, in its discretion, give consideration to the following, if applicable: (1) In the case of assessment units or classes of assessment units having different uses which affect the nature or extent of the special benefits to be conferred thereon by the proposed special improvements, the method of determining the assessments against such assessment units or classes of assessment units may vary based on their respective uses to the extent that the council deems appropriate in order to reflect the special benefits conferred thereon. SUPP. 8 (7-2020) 12-3