§ 2-299. Authority for providing capital improvements.

(a)

For any of the following, which are all capital improvements, the POD is authorized to:

(1)

Order the construction, reconstruction, repair, paving, repaving, hard surfacing, re-hard-surfacing, widening, guttering, and draining of streets, boulevards, and alleys; for grading, regrading, leveling, laying, relaying, paving, repaving, hard surfacing, and rehard surfacing of sidewalks; for constructing or reconstructing permanent pedestrian canopies over public sidewalks; and in connection with any of the foregoing, provide related lighting, landscaping, street furniture, signage, and other amenities as determined by the POD;

(2)

Order the construction, reconstruction, repair, renovation, excavation, grading, stabilization, and upgrading of greenbelts, swales, culverts, sanitary sewers, storm sewers, outfalls, canals, primary, secondary, and tertiary drains, water bodies, marshlands, and natural areas, all or part of the comprehensive stormwater management system, including the necessary appurtenances and structures thereto and including, but not limited to, dams, weirs, and pumps;

(3)

Order the construction or reconstruction of water mains, water laterals, alternative water supply systems, including, but not limited to, reclaimed water, aquifer storage and recovery, and desalination systems, and other water distribution facilities, including the necessary appurtenances thereto;

(4)

Order the relocation of utilities, including the placement underground of electrical, telephone, and cable television services; however, nothing contained in this subsection shall affect a utility's right to locate or relocate its facilities on its own initiative at its own expense;

(5)

Order the construction or reconstruction of parks and other public recreational facilities and improvements, including appurtenances thereto;

(6)

Order the construction or reconstruction of seawalls;

(7)

Order the drainage and reclamation of wet, low, or overflowed lands;

(8)

Order improvements to permit the passage and navigation of watercraft;

(9)

Order the construction of offstreet parking facilities, parking garages, or similar facilities and/or for mass transportation systems; and

(10)

Stabilize and improve, retail business districts, wholesale business districts, and/or nationally recognized historic districts, or any combination of such districts, through promotion, management, marketing, and other similar services in such districts.

(b)

Special assessments may be levied only for the purposes enumerated in this article against property deemed to be benefited by the capital improvement and shall be assessed upon the property specially benefited by the capital improvement in proportion to the benefits to be derived therefrom. Said special benefits, which shall be different in type or degree from benefits provided to the community as a whole, are to be determined and prorated according to the foot frontage of the respective properties specially benefited by the capital improvement or by such other method as the POD may prescribe, so long as the amount of the assessment for each parcel of land is not in excess of the proportional benefits as compared to other special assessments on other parcels of land.

(c)

The City Council may provide for the payment of such portion of the cost of any capital improvement as it may deem proper.

(d)

The POD is authorized to provide for the payment of all or any part of the costs of any capital improvement described in this article by levying and collecting special assessments on the abutting, adjoining, contiguous, or other specially benefited properties.

(Code 1992, § 2-256)