[HISTORY: Adopted by the Council of the City of Mount Vernon 12-10-1975, approved 12-12-1975. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall be deemed to refer to any one of the following: the
laying out, opening, constructing, extending, widening, altering,
straightening, altering of grade, grading, regrading, paving, surfacing,
narrowing and discontinuing of public streets, the construction and
altering of drains, gutters, crosswalks, sidewalks and curbs in the
public streets, laying out, opening, enlarging, improving and ornamenting
public squares and parks and acquiring the land necessary therefor;
the constructing, reconstructing, extension and alteration of public
sewers and drains within or without the limits of the City; the construction
of bridges, arches and culverts and the extension of mains and pipes
and appurtenances for the supplying of water for public purposes and
for private consumption; the construction, reconstruction, extension
and enlargement of off-street parking spaces, lots, garages or facilities,
the construction of buildings, structures, garages, spaces or facilities
for off-street parking purposes for the relief of traffic congestion
and the acquisition of real property or any interest therein necessary
for or incidental to the construction or operation of parking garages,
parking spaces or parking facilities for such purpose; the acquisition
of real property, rights-of-way or any interest therein which may
be required or necessary in connection with the construction of state
arterial highways within the City limits as well as the cost of preparing
any such real property so acquired for such public use.
An ordinance authorizing a public improvement shall contain:
A.
A
description of the improvement or work to be done.
B.
The
limits of the district of assessment.
C.
A
designation of the amount of the cost to be borne by the said district.
D.
A
statement of the amount, if any, of the cost chargeable to the City
at large, and the manner in which it shall be financed and paid.
All public improvements shall be executed under the supervision
and control of the Commissioner of Public Works. Upon the completion
of each local improvement, the Commissioner of Public Works shall
immediately notify the City Council, Commissioner of Assessment and
Taxation and the Comptroller.
Upon receipt of notice of the completion of a public improvement,
the Comptroller shall cause to be prepared a statement of the entire
cost thereof, including any interest paid or accrued at the time of
the computation on bonds, notes or other obligations issued by the
City to pay the expenses of such public improvement and interest on
the total amount computed to the time at which the assessment or first
installment thereof becomes due. Such statement shall thereupon be
presented to the City Council, and the City Council shall consider
the said statement presented by the Comptroller and shall, by ordinance,
fix the total cost for the public improvement and direct the Commissioner
of Assessment and Taxation to prepare the proper assessment roll and
report to apportion, assess and charge said entire cost, or such portion
as has been determined by the City Council, upon the several lots
or parcels of land within the district of assessment designated in
such ordinance in proportion to the benefits derived by such lots
or parcels respectively from the making of such improvements. Such
assessment roll and report shall be filed with the City Council.
A.
The
City Council shall give notice, to be published in the official newspaper,
that such assessment roll and report has been filed, and that at a
time to be specified therein, which shall not be less than 10 days
from the first publication thereof, it will proceed to a consideration
of such assessment roll and report and hold a public hearing with
reference thereto.
B.
Any
person may file with the City Clerk written objections to such assessment
roll and report or any part thereof, which objections shall be read
before the City Council before action shall be taken on such assessment
roll and report. At the time so appointed or at such other time to
which it may adjourn for that purpose, the City Council may hear the
allegations of any person interested, who shall have filed such objections
and may take proof in relation thereto. Such allegations and proofs
shall be confined to the matters stated in such written objections.
The City Council may thereupon confirm such assessment roll and report,
or with such alterations therein as they may deem proper. The confirmation
of such report by the City Council shall be final and conclusive unless
an appeal be taken therefrom, as provided by the Charter of the City
of Mount Vernon, and the City Council shall direct the proper warrant
for collection to be attached to a certified copy of such report.
The City Clerk shall deliver a copy of such report, together
with a copy of the ordinance of the City Council confirming the same,
each duly certified by him, with the proper warrant attached thereto,
to the Comptroller, and such certified copy of said report and ordinance
of confirmation shall be deemed the assessment roll for said public
improvement, and the amounts stated therein, as chargeable to the
respective persons or properties, shall be collected by the Comptroller
at the time, in the manner and in the amounts, together with interest,
if any, as provided in the ordinance adopted by the City Council confirming
the assessment roll.
