Chapter 9: Public Improvements
Section 38. Condemnation. Any necessity of taking property for the City by condemnation shall be determined by the Council and declared by a resolution of the Council describing the property and stating the uses to which it is to be devoted.
[As amended by general election November 7, 2006 (section renumbered).]
Section 39. Acquisition and Disposition of Property. The City shall have power to acquire by purchase, gift, devise, or condemnation any property either within or without its corporate boundaries for any municipal purpose, for the purpose of protecting, preserving, or facilitating any improvement, for the purpose of bringing about such development of property along or in the vicinity of an improvement as will make the development harmonious with and adjusted to the improvement, or for any combination of such purposes. The City shall also have power to acquire by condemnation property in excess of that needed for the actual improvement and to sell or lease the excess with such building and use restrictions and conditions as will tend to make its development harmonious with and adjusted to adjacent public improvements. The City shall have power to provide for the payment of any part or all of the cost of land or other property acquired for public use, of the cost of constructing, reconstructing, repairing, operating, or maintaining any structure or work in the nature of a public facility or improvement, including a public utility, and of the cost of any other public work or service by levying and collecting assessments upon the property specifically benefited thereby.
[As amended by general election November 7, 2006 (section renumbered).]
Section 40. Improvements. Street, sewer, sidewalk, and such other public improvements as the Council deems necessary may be undertaken on the motion of the Council or on petition of the owners of two-thirds of the property to benefit specially from the improvements. A remonstrance of the owners of two-thirds of the benefitted property to be specifically affected by a street improvement shall defeat a motion or petition to improve such street, in which event no further action to effect the improvement shall be taken for six months. The procedure for making street, sidewalk, sewers, and for vacating, altering, opening or abandoning street and other public improvements shall be governed by ordinance or the applicable general laws of the State in the absence of ordinance.
[As amended by Ordinance No. 54-6, March 1, 1954, adopted by Charter amendment special election May 21, 1954; and general election November 7, 2006 (section renumbered).]
Section 41. Special Assessments. The procedure for levying, collecting and enforcing the payment of special assessments for public improvements or other services to be charged against real property shall be governed by ordinance.
[As amended by general election November 7, 2006 (section renumbered).]
Section 42. Public Improvement Contracts. All public improvement contracts shall be subject to the limitations of State law.
[As amended by Charter amendment special election May 23, 1972; and special election, November 7, 1995; and general election November 7, 2006 (section renumbered).]
