§ 9.02. Assessment districts.


Latest version.
  • (a)

    The assembly by ordinance may establish districts to provide and finance capital improvements by means of an assessment, or services by means of a tax levy. The assessment or levy shall be proportionate to the benefit received from and the burden imposed upon the improvement or service. The assembly by ordinance shall prescribe uniform criteria for allocating the cost of the improvement or service within an assessment district.

    (b)

    An assessment district may be created or extended only with the approval of the property owners who would bear more than 50 percent of the estimated cost of the improvement or service. An assessment district created to finance a capital improvement may be dissolved by assembly resolution at any time after the district's share of the cost of the improvement has been paid. An assessment district created to finance a service may not be dissolved without the approval of the property owners who bear more than 50 percent of the cost of providing the service.

    (c)

    A special assessment for capital improvements, with interest and collection charges, is a lien on the property assessed, second only to property taxes and prior special assessments.

    (d)

    A special assessment may not be contested by civil action unless the action is brought within 60 days after confirmation of the assessment roll.

    (e)

    An account or accounts for each special assessment district shall be created and kept separate from all other municipal accounts. Revenues collected within a special assessment district may be applied only to costs incurred with respect to that assessment district.