[Ord. No. 2004-12 §1, 8-10-2004]
To establish a street improvement project area, the Governing Body of the City shall comply with the procedures described in Subsection (1) of this Section.
The Governing Body of the City may create a street improvement project area when a property petition has been signed by the owners of record of at least two-thirds (2/3) by area of all real property located within such proposed area. The petition, in order to become effective, shall be filed with the City Clerk. A proper petition for the creation of a street improvement project area shall set forth the project name for the proposed improvement, the general nature of the proposed improvement, the estimated cost of such improvement, the boundaries of the proposed street improvement project area to be assessed, the proposed method or methods of assessment of real property within the area, including any provision for the annual assessment of maintenance costs of the improvement in each year after the bonds issued for the original improvement are paid in full, a notice that the names of the signers may not be withdrawn later than seven (7) days after the petition is filed with the City Clerk, and a notice that the final cost of such improvement assessed against real property within the area and the amount of proceeds of the bonds allocated thereto shall not exceed the estimated cost of such improvement, as stated in such petition, by more than twenty-five percent (25%).
After the filing of a proper petition with the City Clerk, the Governing Body may by resolution or ordinance determine the advisability of the improvement and may order that the area be established and that preliminary plans and specifications for the improvement be made. Such resolution or ordinance shall state and make findings as to the project name for the proposed improvement, the nature of the improvement, the estimated cost of such improvement, the boundaries of the street improvement project area to be assessed, the proposed method or methods of assessment of real property within the area, including any provision for the annual assessment of maintenance costs of the improvement in each year after the bonds issued for the original improvement are paid in full, and shall also state that the final cost of such improvement assessed against the real property within the street improvement project area and the amount of general obligation bonds issued therefor shall not, without a new election or petition, exceed the estimated cost of such improvement by more than twenty-five percent (25%).
The boundaries of the proposed area shall be described by metes and bounds, streets or other sufficiently specific description. The area of the street improvement project area finally determined by the Governing Body of the City to be assessed may be less than, but shall not exceed, the total area comprising such area.
An assessment may be levied and collected after the original period approved for assessment of property within the area has expired, with the proceeds thereof used solely for maintenance of the improvement, if the owners of two-thirds (2/3) of the area of all real property located within the area sign a petition for such purpose in the same manner as prescribed in Subsection (1) of this Section.
[Ord. No. 2004-12 §2, 8-10-2004]
The portion of the cost of any improvement to be assessed against the real property in a street improvement project area shall be apportioned against such property in accordance with the benefits accruing thereto by reasons of such improvement. The cost may be assessed equally per front foot or per square foot against property within the area or by any other reasonable assessment plan determined by the Governing Body of the City which results in imposing substantially equal burdens or share of the cost upon property similarly benefitted. The Governing Body of the City may from time to time determine and establish by ordinance or resolution reasonable general classifications and formulae for the methods of assessing the benefits.
[Ord. No. 2004-12 §3, 8-10-2004]
After the Governing Body has made the findings specified in Section 525.010 and plans and specifications for the proposed improvements have been prepared, the Governing Body shall by ordinance or resolution order assessments to be made against each parcel of real property deemed to be benefitted by an improvement based on the revised estimated cost of the improvement or, if available, the final cost thereof and shall order a proposed assessment roll to be prepared.
The plans and specifications for the improvement and the proposed assessment roll shall be filed with the City Clerk and shall be open for public inspection. Such Clerk shall thereupon, at the direction of the Governing Body, publish notice that the Governing Body will conduct a hearing to consider the proposed improvement and proposed assessments. Such notice shall be published in a newspaper of general circulation at least once not more than twenty (20) days and not less than ten (10) days before the hearing and shall state the project name for the improvement, the date, time and place of such hearing, the general nature of the improvement, the revised estimated cost or, if available, the final cost of the improvement, the boundaries of the street improvement project area to be assessed and that written or oral objections will be considered at the hearing. At the same time, the Clerk shall mail to the owners of record of the real property made liable to pay the assessments, at their last known post office address, a notice of the hearing and a statement of the cost proposed to be assessed against the real property so owned and assessed. The failure of any owner to receive such notice shall not invalidate the proceedings.
[Ord. No. 2004-12 §4, 8-10-2004]
At the hearing to consider the proposed improvements and assessments, the Governing Body shall hear and pass upon all objections to the proposed improvements and proposed assessments, if any, and may amend the proposed improvements, and the plans and specifications therefor, or assessments as to any property, and thereupon by ordinance or resolution the Governing Body of the City shall order that the improvement be made and direct that financing for the cost thereof be obtained as provided in this Chapter.
After construction of the improvement has been completed in accordance with the plans and specifications therefor, the Governing Body shall compute the final costs of the improvement and apportion the costs among the property benefitted by such improvement in such equitable manner as the Governing Body shall determine, charging each parcel of property with its proportionate share of the costs and by resolution or ordinance assess the final cost of the improvement or the amount of general obligation bonds issued or to be issued therefor as special assessments against the property described in the assessment roll.
After the passage or adoption of the ordinance or resolution assessing the special assessments, the City Clerk shall mail a notice to each property owner within the area which sets forth a description of each parcel of real property to be assessed which is owned by such owner, the special assessment assigned to such property and a statement that the property owner may pay such assessment in full, together with interest accrued thereon from the effective date of the ordinance or resolution, on or before a specified date determined by the effective date of the ordinance or resolution, or may pay such assessment in annual installments as provided in Subsection (D) of this Section.
The special assessments shall be assessed upon the property included therein concurrent with general property taxes and shall be payable in substantially equal annual installments for a duration stated in the petition prescribed in Subsection (1) of Section 525.010 and, if authorized, an assessment in each year thereafter levied and collected in the same manner with the proceeds thereof used solely for maintenance of the improvement, taking into account such assessments and interest thereon, as the Governing Body determines. The first (1st) installment shall be payable after the first (1st) collection of general property taxes following the adoption of the assessment ordinance or resolution was adopted and certified too late to permit its collection at such time. All assessments shall bear interest at such rate permitted for bonds by Section 108.170, RSMo. Interest on the assessment between the effective date of the ordinance or resolution assessing the assessment and the date the first (1st) installment is payable shall be added to the first (1st) installment. The interest for one (1) year on all unpaid installments shall be added to each subsequent installment until paid. In the case of a special assessment by a City, all of the installments, together with the interest accrued or to accrue thereon, may be certified by the City Clerk to the County Clerk in one (1) instrument at the same time. Such certification shall be good for all of the installments and the interest thereon payable as special assessments.
Special assessments shall be collected and paid over to the City Treasurer in the same manner as taxes of the City are collected and paid.
[Ord. No. 2004-12 §5, 8-10-2004]
No suit to set aside the special assessments made under this Chapter or to otherwise question the validity of the proceedings relating thereto shall be brought after the expiration of ninety (90) days from the date of mailing of notice to property owners of the assessments required by Section 525.040.
[Ord. No. 2004-12 §6, 8-10-2004]
To correct omissions, errors or mistakes in the original assessment which relate to the total cost of an improvement, the Governing Body of the City may, without a notice or hearing, make supplement or additional assessments on property within a street improvement project area, except that such supplemental or additional assessments shall not, without a new petition as provided in Section 525.010, exceed twenty-five percent (25%) of the estimated cost of the improvement determined pursuant to Section 525.010.
When an assessment is for any reason whatever set aside by a court of competent jurisdiction as to any property, or in the event the Governing Body finds that the assessment or any part thereof is excessive or determines on advice of counsel in writing that it is or may be invalid for any reason, the Governing Body may, upon notice and hearing as provided for the original assessment, make a reassessment or a new assessment as to such property.
[Ord. No. 2004-12 §7, 8-10-2004]
A special assessment authorized under the provisions of this Chapter shall be a lien from the date of the assessment on the property against which it is assessed on behalf of the City assessing the same to the same extent as a tax upon real property.
[Ord. No. 2004-12 §8, 8-10-2004]
A separate fund or account shall be created in the City Treasury for each improvement project and each such fund or account shall be identified by a suitable title. The allocable portion of the bond proceeds and any other monies appropriated thereto by the Governing Body shall be credited to such funds or accounts. Such funds or accounts shall be used solely to pay the costs incurred in making each respective improvement. Upon completion of an improvement, the balance remaining in the fund or account established for such improvement, if any, shall be credited against the amount of the original assessment of each parcel of property on a pro rata basis based on the amount of the original assessment and with respect to property owners that have prepaid their assessments in accordance with Section 525.040, the amount of each such credit shall be refunded to the appropriate property owner, and with respect to all other property owners, the amount of each such credit shall be transferred and credited to the City bond and interest fund to be used solely to pay the principal of and interest on the bonds and assessments shall be reduced accordingly by the amount of such credit.
[Ord. No. 2004-12 §9, 8-10-2004]
The Chapter shall be governed exclusively by and constructed in accordance with the applicable laws of the State of Missouri.