§ 10.2. Detailed Procedure to be Fixed by Ordinance.

(a)

The Council shall prescribe, by ordinance, the complete special assessment procedure governing the initiation of public improvements, the preparation of plans and cost estimates, the creation of special assessment districts, notices and hearings, making of special assessment rolls, the correction of errors in such rolls[,] the confirming of special assessment roll, the number of installments in which special assessments may be paid, the collection of special assessments, the making of additional assessments where the original special assessment roll proves insufficient to pay the cost of the improvement or the cost of the repayment of the principal of and interest on money borrowed to pay for such improvements, refunds of excessive assessments; provided, that, when such excess is less than five per cent of the total amount of the assessment roll, the excess may be placed in the general fund; and any other matters concerning the making and financing of improvements by the special assessment method. Such ordinance shall include provisions for the following:

(1)

The procedure for filing petitions for public improvements;

(2)

A survey and report by the City Manager concerning the need for, desirable extent of, and probable cost of such proposed public improvement;

(3)

A public hearing by the Council on the necessity of the making of such public improvement with a publication of notice of such hearing: Provided, That no such public hearing shall be required when a petition for a public improvement is signed by all of the owners of property to be assessed therefor;

(4)

A resolution of the Council determining to proceed or not to proceed with the proposed public improvement;

(5)

A public hearing by the Council on the special assessment roll for the project with a publication of notice of such hearing;

(6)

A resolution of the Council confirming the special assessment roll for public improvements and stating the date upon which the special assessment therefor, or the first installment thereof, if installment payments be allowed, shall be due and payable, the number of annual installments, if allowed, in which the special assessment may be paid, and the rate of interest to be charged upon such deferred installment;

(7)

That no additional assessment for any public improvement which exceeds 10% of the original assessment shall be made, unless such additional assessment be reviewed at a meeting of the Council, for which meeting notices shall be published as provided in the case of review of the original special assessment roll;

(8)

That, in any case when the main purpose of a sidewalk is to provide travel convenience to and from a school, factory, or other institution, public or private, and not for the benefit of the property in a district, except incidentally, the city shall pay not less than one-half of the cost of such sidewalk;

(9)

If, under item (4) above, the determination is to proceed, determining the probable life of the improvement, finally fixing the special assessment district therefor, and ordering the Assessor to prepare a special assessment roll therefor: Provided That, if prior to the adoption of the resolution to proceed with the making of the public improvement, written objections thereto have been filed by the owners of property in the district, which according to the City Manager's report will be required to bear more than fifty per cent of the cost thereof, or by a majority of the owners of property to be assessed, no resolution determining to proceed with the improvement shall be adopted while such objections remain, except by the affirmative vote of five members of the Council;

(10)

Publication of notices required by this section shall be given in a newspaper published in the city not less than seven days prior to the hearing to which it applies. Notice of all hearings in special assessment proceedings shall also be given by first class mail to the persons and in the manner provided in Act 162, P.A., 1962 [MCL 211.741 et seq., MSA 5.3534(1) et seq.].

(11)

In the event that funds are on hand or a revolving fund exists to defray the expense of any public improvement prior to the completion thereof, the special assessment roll therefor may be made within sixty days after the improvement is completed and shall be based upon the actual cost thereof.

(b)

When the city may, by law, participate in intergovernmental improvements, the cost of which may be defrayed in whole or in part by special assessments, the procedure therefor shall be as provided by the law permitting the same. If such procedure is not so provided, the procedure established by and under authority of this chapter shall govern.

Code reference— See Code of Ordinances, Chapter 28.