§ 20-85. Determination and levy of assessments.

(a)

The amount of assessment for paving assessed against each piece of real estate shall be determined by a board of appraisers, and in no case shall said assessment be greater than a pro rata share of two-thirds ( 2/3 ) of the total cost of said improvement, one-third ( 1/3 ) to be assessed against the abutting property owner on one side of the street and one-third ( 1/3 ) against the owner on the opposite side of the street; provided, that in the case of sidewalk repairs, not exceeding two-thirds ( 2/3 ) of the cost thereof may be assessed against the property abutting the sidewalk.

(b)

The amount of assessment for paving, curb, and gutter assessed against each piece of real estate shall be determined by a board of appraisers, and in no case shall said assessment be greater than a pro rata share of one-half (½) of the total cost of said improvements, one-fourth (¼) to be assessed against the abutting property owner on one side of the street and one-fourth (¼) against the owner on the opposite side of the street; provided, that in the case of sidewalk repairs, not exceeding one-half (½) of the cost thereof may be assessed against the property abutting the sidewalk.

(1)

The city clerk shall, upon completion of the improvements under consideration, provide the board of appraisers with an account of all expenses incurred by the city incident to said improvements. This includes any and all contractual obligations, equipment, services, material, engineering, etc. Then the mayor and board of aldermen shall appoint a board of appraisers consisting of three (3) members to appraise and apportion the costs and expenses of said improvements to the several tracts of land abutting on said improvement.

(2)

Within thirty (30) days from the date of the resolution, said board of appraisers shall file with the city clerk a written report of the appraisal and the assessment and costs upon the several lots or tracts of land abutting said improvement.

(3)

When said report shall have been filed, the mayor and board of aldermen shall designate a regular meeting of their body for the hearing of any complaints or objections that may be made concerning said appraisals, apportionment and assessment by any person interested said notice shall be published by the city clerk once a week for two (2) weeks in a newspaper having a general circulation in the city. The time fixed for said hearing shall be not less than five (5), nor more than sixteen (16) days from the date of the last publication. The mayor and board of aldermen at said session shall have the power and it shall be its duty to review and correct said appraisal, apportionment and assessment and to hear objections to the same whether as made by the board of appraisers or as corrected by the mayor and board of aldermen. The mayor and board of aldermen shall, by ordinance, fix the assessments in accordance with said appraisal and apportionment as so confirmed against the several tracts of land liable therefor.

(Code 1964, § 26-71; Ord. No. 79-9, §§ 1, 2, 5-7-79)