How the County starts and approves a special improvement project

adoption of improvement; hearing. (a) The council shall, by resolution requiring not more than one reading for its adoption, direct the responsible director or manager to prepare and submit to the council a report containing the following: (1) Preliminary data concerning the special improvement proposed to be opened, constructed, or improved; (2) The general character and extent of any improvement to be proposed; (3) The proposed assessment unit and method of assessment; (4) Whether any new land will be necessary to be acquired, and the estimated cost thereof and the proportion of the cost which should be borne by the County; (5) The materials recommended to meet the conditions of the improvement; (6) The boundaries of the proposed improvement district and any subdistricts or zones therein as to which different portions of the cost of improvements should be charged; (7) The estimated cost of the improvement, the portions of the cost to be borne by the County, and the portions of the cost to be assessed against the assessment units specially benefited with the maximum unit of assessment to be made against each assessment unit to be assessed; and (8)All necessary plans and other data, details, and specifications for the improvements and any other matters or details intended to apply thereto. The report of the responsible director or manager, when so furnished and filed with the council, shall not be acted upon until one week has elapsed from the date of the filing of the report with the council. (b) If the proposed improvement district includes the construction and installation of improvements to be undertaken or supervised by a cooperating department, the responsible director or manager shall obtain from the cooperating department preliminary plans and estimates for such cooperating department’s proposed improvements, and the responsible director or manager shall furnish the cooperating department with such preliminary plans of the proposed improvements, other than those of the cooperating department, as will enable the cooperating department to make its plans and estimates. The responsible director or manager shall incorporate such preliminary plans and estimates of the cooperating department in the report to the council. (c) Thereafter the council may, by resolution requiring one reading for its adoption, propose the making of an improvement or improvements, specifying: (1) The special improvements to be opened, constructed, or improved; (2) The area, owners, so far as known, and general description and location of new land to be acquired, if any; (3) The materials proposed to be used; (4) The proposed assessment unit and method of assessment including the minimum number of installment payments to be proposed; (5) The maximum term of assessment bonds to be issued to represent unpaid installments; (6) The maximum rate of interest to be borne by the bonds; (7) The maximum premium required to be paid on the advance payment of installments or the call and redemption of any bond prior to its maturity; (8) The maximum amount of the reserve fund either as set forth in the report of the responsible director or manager or as otherwise determined by the council; (9) The general boundaries of the district or frontage, subdistricts and zones to be assessed; and (10) The maximum estimated units of assessment. The resolution shall refer to and incorporate by reference such surveys, plans, maps, and other data reported by the responsible director or manager as are approved by the council. The resolution shall also fix a date of public hearing upon the proposed improvement, which date shall be not less than fifteen days after the first publication of notice thereof in at least one newspaper of general circulation in the County. (d) The council may adopt the plans and estimates so furnished by any cooperating department and incorporated in the report of the responsible director or manager. If the plans and estimates of a cooperating department are adopted by the council, the plans and estimates shall be referred to and incorporated by reference in such resolution. IMPROVEMENTS BY ASSESSMENTS § 12-10 (e) After the adoption of the resolution, the County clerk shall: (1) Cause a notice of the public hearing to be published twice a week for two successive weeks (four publications in all) in at least one newspaper of general circulation in the County, giving notice, generally, to all owners of assessment units proposed to be assessed or land to be acquired and to all others interested in the general details of the proposed improvements as adopted by the council and stating the time and place of public hearing and where the resolution and reports and other data may be seen and examined prior to the hearings; (2) Post copies of the notice described in the preceding paragraph at least ten days prior to the hearing at a public place in the district in which the proposed improvement district is located; and (3) Mail a notice of public hearing to all owners of the assessment units proposed to be assessed at least two weeks prior to the hearing. The notice to be mailed shall contain: (A) The material contained in the published and posted notices; (B) A description of the assessment unit of such owner set forth in such manner as to enable such owner to identify the assessment unit; (C) A statement that the assessment unit described on said notice is proposed to be assessed to pay for a portion of the cost of the proposed improvements; (D) A statement that the testimony of all interested persons and owners of assessment units for or against the establishment of the district, the extent of the district, and the levy of the special assessment will be heard; and (E) A statement that a protest against making all or part of the proposed improvements or against the methods by which such assessments are to be made, or the inclusion of certain costs therein must be submitted in writing, in accordance with section 12-12 of this chapter, to be considered by the council. (f) The clerk of the County shall file with the council on or before the hearing an affidavit by the clerk of the County attesting that the clerk of the County completed the publication, posting, and mailings described in the preceding section 12-10(e) in accordance with the requirement thereof; provided, however, that the failure of the clerk to timely file such affidavit shall not invalidate the proceedings held thereafter. (g) Any failure to post, mail, or receive the notice described above, shall not invalidate the proceedings held thereafter. (h) No improvement district shall be approved unless: (1) The assessed valuation for taxation purposes of the assessment units to be improved is at least twice the estimated costs of the proposed improvement; or (2) The council finds the appraised value of such assessment units as improved is at least twice the estimated cost of the proposed improvement. The appraisal shall be conducted in accordance with prevailing standards for appraisals used by banks for loans. (i) No improvement district shall be approved unless the council finds that such improvement is in the public interest.