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Session Laws, 1951
Volume 603, Page 1515   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR 1515

the construction or installation of water mains, sewer
mains, public ways, sidewalks, curbs, gutters, and storm
water sewers, and to provide for the payment of all or any
part of the above projects out of the proceeds of such
special assessment.

142. Procedure. The procedure for special assess-
ments, wherever authorized in this charter, shall be as
follows:

(a) The cost of the work being charged for shall be
assessed according to the front foot rule of apportionment
or some other equitable basis determined by the council.

(b) The amount assessed against any property for any
project or improvement shall not exceed the value of the
benefits accruing to the property therefrom, nor shall any
special assessment be levied which shall cause the total
amount of special assessments levied by the city and out-
standing against any property at any time, exclusive of
delinquent installments, to exceed twenty-five per cent
(25%) of the fair cash market value of the property after
giving effect to the benefit accruing thereto from the pro-
ject or improvement for which assessed.

(c) When desirable, the affected property may be di-
vided into different classes to be charged different rates,
but, except for this, any rate shall be uniform.

(d) Before any charge is levied, it shall be ratified by
the council. The city clerk shall cause notice to be given
stating the nature of the proposed project or improvement
and the place and time at which all persons interested, or
their agents or attorneys, may appear before the council
and be heard concerning the proposed special assessment.
Such notice shall be given by sending a copy thereof by
mail to the owner of record of each parcel of property
assessed, and to the person in whose name the property is
assessed for taxation and by publication of a copy of the
notice at least once in a newspaper of general circulation
in the city. The city clerk shall present at the hearing a
certificate of publication and mailing of copies of the
notice, which certificate shall be deemed proof of notice,
but failure of any owner to receive the mailed copy shall
not invalidate the proceedings. The date of hearing shall
be set at least ten and not more than thirty days after the
city clerk shall have completed publication and service of
notice as provided in this section.

(e) Any interested person feeling aggrieved by the rati-
fication of any special assessment under the provisions of



 

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Session Laws, 1951
Volume 603, Page 1515   View pdf image (33K)
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