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Session Laws, 1971
Volume 707, Page 2106   View pdf image
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2106                                Municipal Charters

property therefrom, nor shall any special assessment be levied which shall
cause the total amount of special assessment levied by the City and out-
standing against any improved property at any time, exclusive of delin-
quent installments, to exceed twenty-five per centum (25%) of the assessed
value of the improved property after giving effect to the benefit accruing
thereto from the project or improvement for which assessed.

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

d.    All special assessment charges shall be levied by the Council by
ordinance. Before levying any special assessment charges, the Council
shall hold a public hearing. The City Manager shall cause notice to be
given stating the nature and extent of the proposed project, the kind of
material to be used, the estimated cost of the project, the portion of the
cost to be assessed, the number of installments in which the assessment may
be paid, the method to be used in apportioning the cost, and the limits of
the proposed area of assessment. The notice shall also state the time and
place at which all persons interested, or their agents or attorneys, may
appear before the Council and be heard concerning the proposed project
and special assessment. Such notice shall be given by sending a copy
thereof by mail to the persons in whose names the property is proposed to
be assessed are assessed for ad valorem taxation and by publication of a
copy of the notice at least once in a newspaper of general circulation in
the City. The City Manager 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 Manager shall
have completed publication and service of notice as provided in this section.
Following the hearing the Council, in its discretion, may vote to proceed
with the project and may levy the special assessment.

e.    The City Manager shall, promptly after the adoption of an ordi-
nance levying a special assessment, mail a copy thereof for each property
assessed, to the person in whose name such property is assessed for ad
valorem
taxation purpose.

f.    Any person whose property is assessed pursuant to this section
shall have a right of appeal from such assessment to the Circuit Court for
Montgomery County within thirty days after the date of mailing such
copy of such ordinance.

g.    Special assessments may be made payable in annual or more
frequent installments over such period of time, not to exceed ten years and
in such manner as the Council may determine. The Council shall de-
termine on what date installments shall be due and payable. Interest may
be charged on installments at the rate to be determined by the Council.

h. All special assessment installments shall be overdue six months
after the date on which they become due and payable. All special assess-
ments shall be liens on the property and all overdue special assessments
shall be collected in the same manner as City taxes or by suit at law.

75. The City may acquire real, personal, or mixed property within or
without the City for any public purpose by purchase, gift, bequest, devise,
lease, condemnation, or otherwise and may sell, lease, or otherwise dispose
of any property belonging to the City. All municipal property, funds,

 

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Session Laws, 1971
Volume 707, Page 2106   View pdf image
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