20-18 Enact Chapter 141 Special Assessments to Reflect 3rd Amended Charter

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weeks after the service of notice of the completion of the publication provided in Section 141.04. Such claim shall be in writing and shall set forth the amount of damages claimed, with a general description of the property with respect to which it is claimed the damage will accrue. Any owner who fails so to do shall be deemed to have waived such damages and shall be barred from filing a claim or receiving damages therefor. This provision shall apply to all damages which will obviously result from the improvement, but shall not deprive the owner of his or her right to recover damages arising without his or her fault, from acts of the City or its agents. The Board of Revision of Assessments shall report to Council all such claims for damages filed with it. 141.08. FINAL ASSESSMENT. (a) When the Board of Revision of Assessments shall have made its final report to Council as to any improvement, if Council decides to proceed with the improvement an ordinance for the purpose shall be passed. Such ordinance shall set forth specifically the lots and lands to be assessed for the im- provement, shall contain a statement of the general nature of the improve- ment, the character of the materials which may be bid upon therefor, the mode of payment therefor, a reference to the resolution theretofore passed for such improvement with date of its passage, and a statement of the inten- tion of Council to proceed therewith in accordance with such resolution and in accordance with the plans, specifications, estimates and profiles provided for such improvement. In setting forth specifically the lots and lands abut- ting upon the improvement and to be assessed therefor, it shall be sufficient to describe them as all the lots and lands abutting and abounding upon such improvement between and including the terminal of the improvement, and in describing those which do not so abut it shall be sufficient to describe the lots by their appropriate lot numbers, and the lands by metes and bounds, and this rule of description shall apply in all proceedings in which lots and lands are to be charged with special assessment. Special assessments shall be payable by the owners of the property assessed at the time stipulated in the ordinance, and shall be a lien from the date of the assessment, upon the respective lots and parcels of land assessed, enforceable in the manner pro- vided by general law. (b) No final assessment ordinance shall be adopted without the concurrence of three- fourths of the members of Council, unless the owners of a majority of the foot frontage to be assessed petition. in writing for the assessment in which event Council, a majority of its members thereto concurring, may adopt the ordinance. 141.09. DAMAGES ASSESSED. At the time of the passage of the ordinance determining to proceed with the im- provement as provided in Section 141.08, Council shall determine whether the claims for damages so filed shall be judicially inquired into before commencing or after the completion of the proposed improvement. When claims for damages are filed within the time limited, and Council having passed an ordinance for making the improvement, determines that the damage shall be assessed before commencing it, the Director of Law shall make a written application for a jury, to a court of competent jurisdiction, or a judge in vacation. The court or judge shall direct the summoning of a jury in the manner provided for the appropria- tion of property and fix the time and place for the inquiry and the assessment of such damages, which inquiry and assessment shall be confined to such claim. The proceedings had relative to such inquiry and determining of such damages