88.811. Limited street improvement costs--special tax bills.
Limited street improvement costs--special tax bills.
88.811. The legislative body of any city of the third class,fourth class, of any city having a constitutional charter or aspecial charter, and towns and villages shall have power withinthe municipality, by ordinance, in all cases where the cost doesnot exceed two dollars per front foot per annum upon the propertyabutting upon any street, avenue, alley or public place to beimproved as in this section provided, to cause the streets,avenues, alleys and public places of the city, or any partthereof, to be sprinkled, oiled, repaired, surfaced andresurfaced, and the cost thereof to be provided for and defrayedby a special tax to be assessed in favor of the municipality orcontractor on the adjoining property fronting or bordering on thestreets, avenues, alleys and public places where such sprinkling,oiling, repairing, surfacing and resurfacing is proposed to bedone, in proportion that the linear feet of each lot fronting orbordering on the street, avenue, alley and public place so to besprinkled, oiled, repaired, surfaced and resurfaced bears to thetotal number of linear feet of all the property chargeable withthe special tax aforesaid in the territory embraced by thecontract under which said sprinkling, oiling, repairing,surfacing and resurfacing is to be done. The above work may bedone by said municipality and an accurate account of the costthereof kept by said municipality or may be contracted forannually by the legislative body at such time and under suchterms as shall be provided by ordinance, and the municipalityshall be divided into convenient sprinkling, oiling, repairing,surfacing and resurfacing districts for the above purpose, andeach district shall be let separately. The special tax billspoken of shall be and become a lien on the property chargedtherewith from and after the commencing of such sprinkling,oiling, repairing, surfacing and resurfacing of such streets,avenues, alleys or public places under the provisions of anordinance providing therefor, and shall be prima facie evidenceof the liability of the property charged therewith to the extentand amount therein specified and may be collected of and from theowner of the land in the name of and by such municipality orcontractor as any other claim in any court of competentjurisdiction, and tax bills may bear interest not to exceed therate on ten-year United States treasury notes as established atthe most recent auction, and they shall be issued and collectedin the manner provided by ordinance; provided, that in no caseshall the provisions of this section apply where the cost of suchimprovement shall exceed two dollars per front foot per annumupon the property abutting upon any street, avenue, alley orpublic place; provided further, that the cost of sprinkling,oiling, repairing, surfacing and resurfacing of any street,avenue, alley or public place or any part thereof may be paid outof the general revenue fund of the municipality or other fundswhich the municipality may have for such purposes if thelegislative body of such municipality so desires, in which casethe proceedings of the municipality for such improvements shallspecify that payment will be made out of the general revenue fundor other funds in whole or in part.
(L. 1953 p. 312 § 1, A.L. 1959 H.B. 280 § 88.665, A.L. 1969 p. 164, A.L. 1984 S.B. 613, A.L. 1985 H.B. 676)Effective 6-18-85