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<br />
<br />s
<br />
<br />652
<br />
<br />
<br />bit I ous surfacing of streets and
<br />,vided in this chapter, except that it
<br />
<br />'diess of the estimated cost of such
<br />
<br />cent and purchase materials for all ;;:.
<br />ll-month period by advertising once
<br />H," furnishing of equipment, if the
<br />for materials at unit prices based On
<br />required.
<br />tar part or all of the street improv~_
<br />Juring the current year, including
<br />'onstfUcted.
<br />ernment. When an improvement is
<br />e or another political subdivision by
<br />to construct or contract to construct
<br />nply with subdivisions I and 2. '.
<br />iitimate. In case the contractor prop-
<br />onth to month before completion of i~'
<br />rcent of the amount already eame? ;,~,
<br />ngineer or other competent person W:'~;
<br />provide, and shall further agree that~,;,
<br />Jon the recommendation of the engi'f
<br />eleased as the governing body of qe>~t,
<br />, "med to protect the mUnIcIpalIty,,,,,.,
<br />, Failure to pay any amount due and
<br />h',s of a monthly estimate or 90 days ,
<br />I ~b ' : the municipality to pay to ',f, "'
<br />}~ UI an annual rate equal to lbi"; ,:
<br />~:d5 for the month prior to the mo~th
<br />>'01 one percent per annum, Inte~est":.
<br />., ,h a municipality may legally Wllll',
<br />r",.tual claim or if the delay is caused
<br />, .f~
<br />~'.-')rk has been commenced on ~'
<br />,vcrded on a unit price basis the co'!'l'
<br />~;H!CS in the contract so as to inclu~
<br />t',~ cost of the additional workd
<br />c. Original contract price means ,
<br />,umber of units required by the u,
<br />
<br />c 515 s 3,4; 1973 c 123 art 5 s 7;'~
<br />Is8.198.'cI74s3:1986c444:1,
<br />
<br />
<br />'""of ma v be assessed upon pr~ t
<br />". . no
<br />lenefits received, whether or f
<br />'f or not any part of the cost .a
<br />19hwav fund the municipal stal
<br />;scsse'd maY'be less Ihan b?t l11a
<br />led in the notice of heanng onr
<br />lieipality may pay such porllOn~,
<br />
<br />653
<br />
<br />LOCAL IMPROVEMENTS, SPECIAL ASSESSMENTS 429.061
<br />
<br />cost 01 ouncil may determine from general ad valorem tax lev-
<br />ies or nds of the municipality available for the purpose. The
<br />munic reimburse itselffor all or any of the portion of the cost
<br />of a w, ary sewer improvement so paid by levying additional
<br />assessr es abutting on bul not previously assessed for the
<br />improvement, on notice and hearing as provided for the assessments initially made, To
<br />the extent that such an improvement benefits nonabutting properties which may be
<br />served by the improvement when one or more later extensions or improvements are
<br />made but which are not initially assessed therefor, the municipality may also reimburse
<br />itself by adding all or any of the portion of the cost so paid to the assessments levied
<br />for any of such later extensions or improvements, provided that notice that such addi-
<br />tional amount will be assessed is included in the notice of hearing on the making of such
<br />extensions or improvements, The additional assessments herein authorized may be
<br />made whether or not the properties assessed were included in the area described in the
<br />notice of hearing on the making of the original improvement.
<br />In any city of the fourth class electing to proceed under a home rule charter as pro-
<br />vided in this chapter, which charter provides for a board of water commissioners and
<br />authorizes such board to assess a water frontage tax to defray the cost of construction
<br />of water mains, such board may assess the tax based upon the benefits received and
<br />without regard to any charter limitation on the amount that may be assessed for each
<br />lineal foot of property abutting on the water main, The water frontage tax shall be
<br />imposed according to the procedure and, except as herein provided, subject to the limi-
<br />tations of the charter of the city.
<br />
<br />History: 1953 c 398 s 5; 1955 c 842 s 1: 1957 c 40 s 1; 1959 c 490 s 1; 1961 c 286
<br />
<br />s1
<br />
<br />429.06 [Repealed, 1953 c 398 s 13 subd I]
<br />
<br />429.061 ASSESSMENT PROCEDURE.
<br />
<br />Subdivision I. Calculation, notice. At any time after the expense incurred or to be
<br />incurred in making an improvement shall be calculated under the direction of the coun-
<br />cil, the council shall determine by resolution the amount of the total expense the munic-
<br />ipality will pay, other than the amount, if any, which it will pay as a property owner,
<br />and the amount to be assessed. If a county proposes to assess within the boundaries of
<br />a city for a county state-aid highway or county highway, including curbs, gutters, and
<br />~; storm sewers, the resolution must include the portion of the cost proposed to be
<br />": assessed within the city. The county shall forward the resolution to the city and it may
<br />Vnot proceed with the assessment procedure nor may the county allocate any cost under
<br />,this section for property within the city unless the city council adopts the resolution
<br />1!lpproving the assessment. Thereupon the clerk, with the assistance of the engineer or
<br />,other qualified person selected by the council, shall calculate the proper amount to be
<br />specially assessed for the improvement against every assessable lot, piece or parcel of
<br />d, without regard to cash valuation, in accordance with the provisions of section
<br />2~.OS l. The proposed assessment roll shall be filed with the clerk and be open to pub-
<br />Inspection. The clerk shall thereupon, under the council's direction, publish notice
<br />. t the council will meet to consider the proposed assessment, Such notice shall be
<br />,~lIshed in the newspaper at least once and shall be mailed to the owner of each parcel
<br />'. ,bed in the assessment roll, For the purpose of giving mailed notice under this sub-
<br />',. IOn, owners shall be those shown to be such on the records of the county auditor
<br />~m any county where tax statements are mailed by the county treasurer, on the ree-
<br />, of the county treasurer; but other appropriate records may be used for this pur-
<br />'fSuch publication and mailing shall be no less than two weeks prior to such meet-
<br />the COunciL Except as to the owners of tax exempt property or property taxes on
<br />eaOlings basis, every property owner whose name does not appear on the rec-
<br />. ofthe county auditor or the county treasurer shall be deemed to have waived such
<br />notice unless the owner has requested in writing that the county auditor or
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