STREET IMPROVEMENTS UNDER FRONT FOOT ASSESSMENT LAW

Memphis Charter art. 53

in effect

Memphis Charter, art. 53, § 503 General definitions.

Sec. 503. - General definitions. The following shall be [the] definition and meaning of the terms used in this Act: (1) The "current year" shall mean the calendar year in which the lien shall attach by law to the property. (2) The "assessed value" shall mean the value of the property abutting the street, alley or highway improved, and all improvements thereon as fixed by the duly constituted authorities as the value of same for the purposes of City taxation for the "current year." (3) The phrases "the cost of making any such improvement" and "the expense of constructing said improvements" shall be held to mean every item of expense whatsoever incurred by the City or paid out as a result of said improvement and shall, in addition to all other items of cost or expense, be expressly held to include: (a) The cost of any property purchased, condemned or otherwise acquired for the purpose of opening, extending or widening any street, alley or highway, and all court costs and every other charge incidental to such condemnation, purchase or acquisition. (b) The cost of removing, altering or relaying any property or tracks of any person or corporation which the City is by existing contract or law required to remove, alter or relay. (c) The amount of damage paid as a result of injury to abutting property by change of grade or drainage, including all court costs and incidental expenses arising as a result of injury to abutting property by a change of grade or drainage, including all court costs and incidental expenses arising as a result of any proceedings had to ascertain and fix said damages. (d) The cost of any retaining walls, sidewalks or fences built or altered, in lieu of cash payment for the damage to property or the acquisition thereof. (e) The cost to the City of all printing, advertising, clerical help, collection of funds, loss of interest on money advanced, engineering supervision, legal advice, stenographers, abstracts, plats, accounting and in general the expense of supervising, directing and controlling the work or improvement which said amounts need not be itemized and charged to the improvement, but shall be ascertained by adding to the total of the sums which have been otherwise expended 10 percent of all said sums otherwise expended, save the cost of acquiring any property necessary to the improvements, and said 10 percent shall be held to be the amount of said unitemized sums expended on the improvement. (f) The cost of any bridge, culvert or other structure upon which a street is carried over any bayou, creek or drain. (g) The cost of improving the entire street, alley or highway, including that portion of the intersecting streets or alleys lying between the boundaries or sidelines of the street or alley or highway improved, when said intersections are improved in like manner with the rest of the street, alley or highway, so as to make a continuous thoroughfare of one kind or character. (h) The cost of moving or altering any store or other structure where such removal or alteration is made necessary by the change of the street, alley or highway improved. (i) It shall also be lawful for any municipality to include in the cost of making any such improvement, any sum or sums it may have paid out of any general or special fund for the cost of establishing a building line, or lines on the street to be improved, under any ordinance establishing a building line; provided, however, that this shall not apply where a building line or lines were established and the cost thereof assessed against the abutting property. (4) The term "lots or parcels of land" shall be held to mean all the real estate by whomsoever owned or occupied, which abuts the street, alley or highway improved, and shall include the right-of-way of any steam railroad, interurban railroad, electric railroad, tram road, toll road or neutral strip of any street railroad, whether the same crosses the highway, street or alley, or lies in or contiguous and adjacent thereto, and also any street or alley which may be temporarily closed and under lease. The area included shall be all the land under the same ownership which abuts upon the street and is assessed for City taxation as one tract, irrespective of the depth thereof, or any plan of subdivision adopted; provided, that upon application of the owner of a tract more than 250 feet deep before the assessment is confirmed, the lot or parcel of land shall be described and considered as running back from the street within parallel lines to a distance of 250 feet. (Priv. Acts 1913, ch. 244, § 2; Priv. Acts 1923, ch. 423)

Memphis Charter, art. 53, § 504 Definition of "special and peculiar benefit."

Sec. 504. - Definition of "special and peculiar benefit." The words "special and peculiar benefit" shall be held to mean a benefit different from those received by the public at large from said improvements. (Priv. Acts 1919, ch. 765, § 2)

Memphis Charter, art. 53, § 505 General authority of City.

Sec. 505. - General authority of City. In all municipalities of this State having a population of not less than one hundred thousand (100,000) inhabitants, according to the Federal Census of 1900 or any subsequent Federal Census, it shall be lawful for the legislative bodies of said municipalities, of their own motion and without petition of property owners, to provide by ordinance for the improvement of any street, highway or alley, or part of or parts thereof, in such municipality by opening, extending, widening, grading, paving, macadamizing, curbing, guttering, or otherwise improving in such manner and with such materials and with such culverts as such legislative bodies may determine; and to provide for making special levies or assessments upon the land abutting on such street, highway or alley, or part or parts thereof to be improved in the manner hereinafter set forth to pay one-half of the cost of such improvement, the other one-half to be borne by the [City]. (Acts 1907, ch. 341, § 1; Acts 1909, ch. 109; Priv. Acts 1925, ch. 512; Priv. Acts 1949, ch. 495, § 1)

Memphis Charter, art. 53, § 505.1 Apportionment of costs charged; maximum assessment.

Sec. 505.1. - Apportionment of costs charged; maximum assessment. Chapter 341 of the Acts of the General Assembly of 1907, the caption of which is set out in the caption hereof, and all Acts amendatory thereof constituting the Front Foot Assessment Law of all municipalities falling within the population classification therein set forth, be and the same is hereby amended so as to provide that one-half (½) of the cost of improvements made pursuant to the provisions of such Acts shall be assessed against the land abutting on or affected by such improvements, the remaining one-half (½) of such costs to be borne by the City; said Acts shall be and are hereby further amended so as to provide that any assessment upon any lot shall not exceed two-thirds of the assessed value thereof for City taxes for the year in which the lien against the lot attaches; provided, that if for any cause no assessment for such year has been fixed on any lot, the value for the purposes of determining the maximum assessment shall be determined by the officer or agency now or hereafter charged by law with the duty of assessing escaped property. It being the purpose of this Act to change the basis of apportionment between the property owner and the municipality from three-fourths (¾) and one-fourth (¼), as now apportioned, to a division of the costs, that is, one-half (½) to the property owner and one-half (½) to the municipality. This division shall likewise be applicable to those sections of chapter 341 of the Acts of 1907 and all Acts amendatory thereof providing for the issuance of certificates of indebtedness, or negotiable bonds, or such other sections wherein reference is made to apportionment. (Priv. Acts 1949, ch. 495, § 1)

Memphis Charter, art. 53, § 506 Adoption and contents of ordinance.

Sec. 506. - Adoption and contents of ordinance. Before any work shall be done on any public improvement authorized by the preceding section, one-half of the cost of which is to be assessed against the property abutting on the street, highway or alley, or part or parts thereof to be improved, it shall be the duty of the legislative body of the municipality to adopt an ordinance that such improvement or improvements shall be made, which ordinance shall state the general character of the improvement or improvements, and name the location and terminal points thereof, and [the] streets, alleys or highways, or part or parts thereof on which such improvement or improvements are to be made. (Acts 1907, ch. 341, § 4; Acts 1909, ch. 109, § 3; Priv. Acts 1925, ch. 512; Priv. Acts 1929, ch. 407, § 1; Priv. Acts 1949, ch. 495, § 1)

Memphis Charter, art. 53, § 507 Publication of notice of adoption of ordinance; hearing of protests; confirmation, modification or rescinding of ordinance.

Sec. 507. - Publication of notice of adoption of ordinance; hearing of protests; confirmation, modification or rescinding of ordinance. Notice of the adoption of such ordinance shall be given by publishing such notice once in some daily newspaper of general circulation in such municipality. It shall not be necessary to set out in full [in] such notice said ordinance, and it shall not be necessary to publish said ordinance; but such notice shall state the approximate cost of such improvement or improvements, and also the time and place, not earlier than ten (10) days from the date of publication of such notice, at which the legislative body of such municipality shall meet to hear the remonstrances or protests against the making of such improvement or improvements. At the time and place thus appointed, the legislative body shall meet; and if the legislative body consists of two branches, it shall meet in joint session, and at said meetings, or at a time and place to which the same may be from time to time adjourned, all persons whose property will be affected by such improvement, or improvements, may appear in person or by attorney or by petition, and protest against the making of such improvement, or improvements; and after hearing such protests, if any, the said legislative body may confirm, modify, or rescind such ordinance, in whole or in part. (Acts 1907, ch. 341, § 4; Acts 1909, ch. 109, § 3; Priv. Acts 1925, ch. 512; Priv. Acts 1929, ch. 407, § 1)

Memphis Charter, art. 53, § 508 Assessments generally.

Sec. 508. - Assessments generally. If any such improvement is finally ordered, the legislative body of the municipality shall have the power and authority, after completion and acceptance thereof by the legislative body, to assess one-half of the cost of making any such improvement upon and against the several lots or parcels of land abutting the street, highway or alley, or part or parts thereof, improved according to their respective frontages; provided, however, that any assessment upon any lot shall not exceed two-thirds of the assessed value thereof for City taxes for the year in which the lien against the lot attaches; provided, that if for any cause no assessment for such year has been fixed on any lot, the value for the purposes of determining the maximum assessment shall be determined by the officer or agency now or hereafter charged by law with the duty of assessing escaped property; and all such assessments shall be and constitute a lien on the respective lots or parcels of land upon which they are levied superior to all other liens, except those of the State and County for taxes. (Acts 1907, ch. 341, § 5; Acts 1909, ch. 109, § 4; Priv. Acts 1925, ch. 512; Priv. Acts 1949, ch. 495, § 1)

Memphis Charter, art. 53, § 509 Assessment book; notice of assessments.

Sec. 509. - Assessment book; notice of assessments. When the amount to be assessed against each lot or parcel of land for any improvement shall have been ascertained, the City Engineer shall cause the same to be entered in a well-bound book prepared for the purpose, which shall show the names of the owners of the property assessed, if known, and opposite each name the description of each lot or parcel of land assessed belonging to such owner and the amount assessed against each, and shall contain appropriate columns in which payment may be credited and the lien of the assessment marked satisfied by the proper officers of the municipality; and if the name of the owner of property proposed to be assessed be unknown, said book shall contain under the head of "Owner Unknown," a list of the property to be assessed, the owners of which are unknown. After the completion of the proper entries of each improvement, said book shall be delivered to the Comptroller, who shall thereupon give notice by publication in some daily newspaper of general circulation in said municipality that said book of assessment for public improvements has been delivered to him and is open for inspection at his office; and at a time and place named therein, not less than ten days from the date of publication, the legislative body of such municipality will meet to hear and determine any objection or defense that may be filed in his office by any owner of property proposed to be assessed against the said assessment. Said notice shall also state the general character of the improvement, the terminal points thereof, and the streets, alleys or other highways or portions thereof along which it is to be constructed. (Acts 1907, ch. 341, § 6; Priv. Acts 1937, ch. 123, § 18)

Memphis Charter, art. 53, § 510 Objections to assessments.

Sec. 510. - Objections to assessments. All persons whose property it is proposed to assess for the cost of said improvement may, at any time on or before the date named in said notice and before said meeting, file in writing with the Comptroller of the municipality or in his office any objection or defense to the proposed assessment against his property or to the amount thereof; and at a meeting on the date named, or any date to which said meeting may be adjourned, said legislative body of said municipality shall hear and determine said objection or defense, and after so doing shall confirm, modify or set aside the assessment. If no objection or defense to the assessment or to the amount thereof is filed, or if the property owner fails to appear in person or by attorney and insist upon the same, the assessment shall be confirmed and made final. (Acts 1907, ch. 341, § 6; Priv. Acts 1937, ch. 123, § 18)

Memphis Charter, art. 53, § 511 When assessments due and payable; payment of assessments in installments.

Sec. 511. - When assessments due and payable; payment of assessments in installments. All assessments levied by virtue of this Act shall be due and payable within thirty days after the assessment is made final as aforesaid, but at the election of the property owner, to be expressed by notice as hereinafter provided, said assessment may be paid in five annual installments, and shall bear interest at the rate of six percent per annum, interest payable annually. A property owner desiring to exercise the privilege of payment by installments shall, before the expiration of the thirty days aforesaid, enter into an agreement in writing with the municipality that in consideration of such privilege he will make no objection to any illegality or irregularity with regard to the assessment against his property, and will pay the same as required by law with the specified interest. Such agreement shall be filed in the office of the Comptroller of the municipality, and in all cases where such agreement has not been signed and filed within the time limited, the entire assessment shall be payable in cash without interest before the expiration of said thirty days; provided, that any property owner who shall have elected to pay his assessment in five annual installments shall have the right and privilege of paying up the assessment in full at any installment period by paying the full amount of the installments, together with all accrued interest thereon. Should such property owner elect to pay off his installments in full between the installment periods, all assessments or installments thereof shall be payable to the City tax receiver or treasurer, whose duty it shall be to receive the same and give proper credits therefor and enter the proper credit and satisfaction. (Acts 1907, ch. 341, § 7; Priv. Acts 1937, ch. 123, § 18)

Memphis Charter, art. 53, § 512 Default in payment of assessments; sale of property under lien; period within which property may be redeemed.

Sec. 512. - Default in payment of assessments; sale of property under lien; period within which property may be redeemed. Upon default for the period of thirty days in the payment of any installment and interest, the entire unpaid assessment shall immediately become due and payable and the lien thereof foreclosed and collection enforced by the municipality. The property thus sold may be redeemed at any time during a period of two years after said sale by paying costs, penalties and interest having accrued on account of said sale. (Acts 1907, ch. 341, § 8)

Memphis Charter, art. 53, § 513 Certificates of indebtedness.

Sec. 513. - Certificates of indebtedness. After the construction of any improvement shall have been finally ordered and [the] entire cost thereof estimated, the legislative body shall have the power and authority, for the purpose of providing means to pay the expense of said improvement, to order the issue of and issue and sell, at not less than par, certificates of indebtedness at an amount not to exceed three-fourths of the estimated cost of said improvement. Said certificates shall be negotiable, payable to bearers, and shall have attached thereto coupons for the interest thereon, and shall be payable in lawful money of the United States and be in such form as may be provided in the ordinance directing such issue. The certificates shall run for one, two, three, four and five years, and bear interest at the rate of six percent per annum, payable semiannually, at such place or places as may be named therein, and shall be in such denominations as said legislative body may direct. Any certificates of indebtedness issued hereunder shall be payable at the option of the municipality at any interest-paying period. In the event such municipality should elect to pay off any such certificate in full at any interest period, it shall pay as a bonus to the holder thereof a sum equal to one-half of the annual interest thereon for one year; provided, however, that said legislative body shall give public notice before such interest period by publication three times, once a week for three consecutive weeks, in a daily paper published in such municipality, the first publication to be not less than thirty days prior to the interest period of said certificates proposed to be redeemed, stating its intention to redeem the same and describing the same by number and series. They shall state on their face the caption and number of the ordinances under which said improvement is constructed, and said ordinance shall state the general character of the improvement, to pay for which they shall be issued, and the terminal points thereof, and the streets, highways or alleys or parts thereof along which the improvement is to be constructed as hereinbefore provided. They shall be issued under the corporate seal of such municipality, and the certificate shall be signed by the Comptroller of said municipality; and the coupon shall bear the facsimile signature of said Comptroller; provided, however, that the validity of said certificates shall be in no wise affected by reason of any defect in the form thereof or any omission therefrom. The proceeds arising from the sale of said certificates or so much thereof as may be necessary shall be applied exclusively to the payment of the cost of the improvement to pay for which said certificates were issued; but if there should remain any surplus after paying such cost, the same shall be and become a part of the fund pledged for the payment of said certificates; provided, however, that the legislative body of such municipality may borrow money and advance the same for the construction of such work and improvement; and after the completion of such work and assessment of the cost hereof shall have been made final, the said legislative body may then issue and sell certificates, as hereinbefore provided in such amounts as may be necessary to pay two-thirds of the cost of said improvements, including such amounts as may be borrowed for that purpose, and all interest and other expenses so incurred for the construction of said improvements as hereinbefore provided shall be charged and assessed as a part of the cost of such improvements upon the property assessed for the same. But said legislative body may provide in the ordinance ordering the improvements to be constructed or in the agreement with the contractor by whom it is done for the issue of all or a part of such certificates directly to the contractor at not less than par value in part or in full payment of the contract price, in which case the certificates shall be delivered to the contractor upon completion and acceptance of the work and allowance of the final estimate. (Acts 1907, ch. 341, §9; Priv. Acts 1937, ch. 123, § 18)

Memphis Charter, art. 53, § 514 Issuance of bonds in lieu of certificates of indebtedness.

Sec. 514. - Issuance of bonds in lieu of certificates of indebtedness. Instead of issuing certificates of indebtedness as provided in section 513 hereof, the legislative body of the City shall have the power, at their option, to issue negotiable bonds of the municipality to an amount in par value not to exceed two-thirds of the estimated cost of any improvement or improvements, which cost shall for this purpose be estimated by the legislative body in the ordinance authorizing the issue of said bonds. Such bonds shall be made payable to bearer in lawful money of the United States, either at the office of the treasurer of the municipality or at such other place in the United States as may be designated in the bond, and be in such form and signed by such officers as may be provided in the ordinance directing their issue. Coupons may bear facsimile signature or signatures. In case any of such officers whose signatures appear on the bonds or coupons shall cease to be such officer before the delivery of such bonds to the purchaser, such signatures shall nevertheless be valid and sufficient for all purposes, the same as if they had remained in office until the delivery of the bonds. The bonds shall run for one, two, three, four and five years, and bear interest at a rate not exceeding six percent per annum, as may be designated in the bonds, payable semiannually, and such bonds shall be of such denomination as the legislative body may direct. The municipality may, in its discretion, in such ordinances provide that any bonds shall be payable at the option of the municipality at any interest-paying period; and in the event of bonds being thus made payable at the option of the municipality before maturity, and in the event that the municipality shall elect to pay any such bond in full at any interest period before its maturity, it shall pay as a bonus to the holder thereof a sum equal to one-half of the annual interest thereon for one year; provided, however, that the legislative body shall give public notice before any such interest period by publication three times once a week for three consecutive weeks in a daily newspaper published in such municipality, the first publication to be not less than thirty days prior to the interest period at which it is proposed to redeem the bonds, such notice stating the intention to redeem the bonds, and describing them by number and series. The municipality shall have no right or option to pay any bonds prior to maturity unless such right or option is expressly reserved in the bonds. Said bonds shall be sold at public or private sale at not less than par and accrued interest. Such bonds shall be the absolute and general obligation of the municipality. The legislative body of the municipality shall provide by ordinance that the assessments levied upon the property abutting on the streets, alleys or highways, or part or parts thereof, in respect of which any such bonds are issued, shall be set apart as a fund for the payment of such bonds and interest. It shall be the duty of the legislative body of the municipality to levy an ad valorem tax upon all the taxable property in the municipality to pay the principal and interest of said bonds as it becomes due, or to pay such part or parts thereof as are not provided for by the assessments levied and actually collected and in the treasury of the municipality set apart for the payment of such bonds and interest. Such tax shall be in addition to all other taxes which such municipality is by law authorized to levy. Any ordinance authorizing the issuance of any such bonds may be passed by both branches of the legislative body, if there be two branches, in joint session, upon two readings, one reading being on each of two separate days, the ordinance to be approved by the Mayor or passed over the veto of the Mayor by a vote of not less than two-thirds of the total number of members-elect of the joint session, and neither such ordinance nor the bill for the same need be published at any time before passage; and after passage the ordinance need be published only once in some daily newspaper published in the municipality. Such ordinance may, in the discretion of the legislative body, provide for the issuance of bonds in one lot or amount in respect of any one or more of such improvements on one or more streets, alleys or highways, or part or parts thereof, and may, in the discretion of the legislative body, provide that any assessments levied in respect of any such improvement or improvements, on one or more streets, alleys or highways, or part or parts thereof, may be applied as a whole toward payment of such entire lot or amount of bonds or interest thereon; and it shall not be necessary that each assessment for each separate improvement shall be kept separate and applied to the bonds issued in respect of that particular improvement. After the passage of any ordinance authorizing the issue of bonds, any proceedings authorizing the advertisement or sale or award of the bonds may be taken by order made at a joint session of the two branches of the legislative body, if there be two branches, and need not be by ordinance. No proceeding on the part of any such municipality in respect to the issuance of such bonds shall be necessary, except such proceedings as are required by this Act. Any such bonds may, in the discretion of the legislative body of the municipality, be issued in substantially the following form, or in such other form as the legislative body of the municipality may from time to time prescribe: (Here follows the form of bond and of coupon.) If the municipality reserves the right or option to pay off said bonds before maturity, such right or option shall be expressly reserved in the bonds, and the language of such reservation inserted in such case in the bond may be substantially as follows, or in any other appropriate language: (Here follows form of option to retire before maturity.) (Acts 1907, ch. 341, § 9; Acts 1909, ch. 109, § 5)

Memphis Charter, art. 53, § 515 Proceeds from collection of assessments to constitute separate funds; funds pledged for payment of certificates and interest coupons.

Sec. 515. - Proceeds from collection of assessments to constitute separate funds; funds pledged for payment of certificates and interest coupons. The proceeds arising from the collection of assessments levied for each improvement shall be and constitute a separate and distinct fund, and each such fund, together with its accumulations, is hereby pledged for the payment of the certificates and interest coupons issued for the improvement, from the assessment of which said fund arises, and shall be applied exclusively to the payment of said certificates and coupons. (Acts 1907, ch. 341, § 10)

Memphis Charter, art. 53, § 516 Treasurer to keep separate accounts of funds arising from assessments; proceeds not to be diverted; disposition of surplus; payment of contractors and reimbursement of general funds of City of amounts borrowed.

Sec. 516. - Treasurer to keep separate accounts of funds arising from assessments; proceeds not to be diverted; disposition of surplus; payment of contractors and reimbursement of general funds of City of amounts borrowed. It shall be the duty of the treasurer (or tax receiver) of such municipality to keep an accurate account of all funds arising from all assessments for public improvements under this Act, and to carefully and accurately keep a separate account of the funds arising from the collection of assessments for each particular improvement, and no proceeds arising from assessments levied for one improvement shall be diverted to the payment of the certificates issued for any other improvement or to the payment of any other indebtedness of such municipality; provided, however, that if at any time the account of any particular fund shall exceed the amount of any outstanding certificates and interest entitled to payment out of such fund after the payment of any sum that such municipality may have advanced or borrowed for the purpose of constructing said improvement, the legislative body of said municipality shall apply such surplus to the redemption of certificates issued for such improvements as hereinbefore provided, and all certificates so redeemed shall be cancelled; provided, further, that said legislative body shall have the power after the expiration of sixty days from the date of the final assessment for any improvement, if no certificates of indebtedness for said improvement have been issued and sold, to order the payment out of the proper fund to the contractor who constructed the improvement of all or any part of the assessment for said improvement previously collected, or to reimburse from said collection the general funds of the City to the extent of any money advanced out of the general fund or borrowed to pay the cost of said improvements, and to issue and sell certificates as hereinbefore provided, either to the contractor in full settlement or to others, to an amount not exceeding the balance due the contractor and the general fund of the City or borrowed for such purpose. (Acts 1907, ch. 341, § 10)

Memphis Charter, art. 53, § 517 Disposition of surplus above cost of improvement.

Sec. 517. - Disposition of surplus above cost of improvement. If there shall be any surplus arising from the sale of certificates issued for any improvements above the cost of said improvement, said surplus shall be and become a part of the fund levied for said improvement, and shall be kept and applied in the manner as said fund is herein required to be kept and applied. (Acts 1907, ch. 341, § 10)

Memphis Charter, art. 53, § 518 Proceeds to be kept in depository in separate account.

Sec. 518. - Proceeds to be kept in depository in separate account. All proceeds arising from the collection of assessments levied for an improvement shall as soon as collected be deposited by the City Treasurer or tax receiver in some bank designated by the legislative body of such City, and such collection shall not be deposited with the general funds of the City, but shall be considered a separate deposit to the account of "public improvement," and shall be drawn out on checks or order directing the amount designated therein to be paid out of the public improvement fund. (Acts 1907, ch. 341, § 10)

Memphis Charter, art. 53, § 519 Liability of treasurer, and commissioners for misappropriation of funds.

Sec. 519. - Liability of treasurer, and commissioners for misappropriation of funds. The City Treasurer (or tax receiver) shall be liable on his official bond to any holder of the certificates of indebtedness authorized by this Act for any loss or injury to such certificate holder caused by the diversion by said officer of any fund or part thereof to the payment of any bond, certificate of indebtedness, or interest coupons or indebtedness of the City other than the certificates and interest coupons and indebtedness herein authorized to be paid out of said fund, or by the use or misappropriation by said officer of any part of the fund out of which said certificates are required and contemplated herein to be paid for any other purpose than herein provided for or for the benefit of the City or others; and all members of said legislative body who shall by their vote or in any other manner cause, aid, or encourage any such diversion, use or misappropriation of the fund out of which the certificate holders are entitled to be paid for any other purpose than that authorized and required herein whereby loss or injury to the certificate holders or any of them is caused, shall be jointly and severally liable to such certificate holders injured to the extent of such loss or injury. (Acts 1907, ch. 341, § 10)

Memphis Charter, art. 53, § 520 Redemption of certificates.

Sec. 520. - Redemption of certificates. When the amount of the fund arising from the collection of assessments levied for any improvement shall, with its accumulations, equal the amount of the outstanding certificates and accrued interest entitled to payment out of such fund, the legislative body of such municipality shall have authority to redeem any and all certificates that may be presented for redemption at such time thereafter as the holders may desire to present them for redemption. (Acts 1907, ch. 341, § 11)

Memphis Charter, art. 53, § 521 Sale of delinquent property to satisfy assessments.

Sec. 521. - Sale of delinquent property to satisfy assessments. Such legislative body shall have authority to sell all property against which an assessment has been levied at any time after said assessment shall have become due to satisfy the same, together with all costs, and such sale shall be governed as to notice, terms, costs and in all other respects, except as to the time of sale, by the laws and ordinances of such municipality now in force or which may hereafter be enacted, providing for the sale of real estate for City taxes. But such legislative body shall have power to adopt other and different laws and ordinances governing and regulating such sales of real estate for said assessments, and in addition to such remedy by sale for the enforcement of the collection of said assessment, the lien of said assessment, irrespective of the amount thereof, may be foreclosed by a proceeding instituted in any court of competent jurisdiction, and in all such proceedings and number of persons, the assessments against whose property are in default, may be joined as defendants; provided, that after maturity of any of the certificates of indebtedness issued for any improvement the holders of the outstanding certificates or any of them may maintain a bill of equity in his or their name to foreclose the lien of said assessment, irrespective of the amount thereof, and may recover interest, costs and reasonable attorneys' fees; and in such bill any number of persons, the assessments against whom are in default, may be joined as defendants. In such suits the liens shall be foreclosed for the whole amount of the unpaid assessment against the property of said defendant, and the recovery shall inure to the benefit of all the certificate holders. (Acts 1907, ch. 341, § 12)

Memphis Charter, art. 53, § 522 Reassessment of property.

Sec. 522. - Reassessment of property. If any assessment levied on property for any improvement authorized by this Act be declared invalid by reason of some mistake or irregularities in the proceeding, the legislative body of said municipality shall have power at any time before the expiration of three years from maturity of the certificates issued for the improvement for which assessment was levied to reassess said property; and may, when necessary, reassess all property abutting upon the street, highway or alley improved, the assessment for which has not been paid. (Acts 1907, ch. 341, § 13)

Memphis Charter, art. 53, § 523 Assessments against railroads.

Sec. 523. - Assessments against railroads. Should there be a street, electric or steam railroad track or tracks on any street, alley or highway improved under this Act, the cost of such improvement between the rails and the spaces between such tracks and two feet beyond the outer rails, including switches and turnouts, shall be paid by the owners of such railroads, and shall be assessed and collected from such owner, and shall be a lien upon the railroad and the property used in connection therewith; and in the event a culvert be constructed, which drains streets or highways on which there is a street, electric or other railroad, there shall be assessed against such railroad a fair and just proportion of the cost of construction of such culvert, to be determined by such legislative body, and such assessment shall be a lien like other assessments, and may be collected in like manner; provided, however, that where any such railroad shall occupy any street, alley or highway under ordinance or contract with the municipality, it shall pay or improve according to the provisions of such ordinance or contract. (Acts 1907, ch. 341, § 14)

Memphis Charter, art. 53, § 524 Act not to affect existing laws as to laying and repairing sidewalks.

Sec. 524. - Act not to affect existing laws as to laying and repairing sidewalks. Nothing in this Act shall be so construed as to take from the legislative body of any municipality or in any way affect its power or authority to compel property owners by penal ordinance or otherwise to repair the sidewalks in front of their property in such manner and with such materials as may be directed and under supervision of the City Engineer or other officer or agent of the City, or to cause such repairs to be made at the expense of the property owner. (Acts 1907, ch. 341, § 15)

Memphis Charter, art. 53, § 525 Authority of City to purchase or condemn land.

Sec. 525. - Authority of City to purchase or condemn land. Whenever in the judgment of the legislative body of such municipality it may be necessary or expedient for the carrying out and full exercise of the powers thereby granted, said municipality shall have full power and authority to acquire by purchase or condemnation of the necessary lands or rights or easements, and may proceed to condemn in the manner provided by the general laws of the state governing the taking of land or the acquiring of an interest therein for the uses for which private property may be taken, and such proceedings may be governed in every respect by the general laws of the State pertaining thereto. (Acts 1907, ch. 341, § 16)

Memphis Charter, art. 53, § 526 Authority of City to set off price of property purchased or condemned against assessments.

Sec. 526. - Authority of City to set off price of property purchased or condemned against assessments. In any improvement projected under the terms of this Act, or any amendments hereto, said legislative body shall have full power and authority to set off and apply the purchase price of any lands, rights or easements purchased or taken by said municipalities, toward the payment and discharge of the assessments levied against the abutting realty adjoining the property purchased or taken as authorized in this section. Should the purchase price of the property taken be ascertained prior to the fixing of the assessments, or prior to the election of the property owner to pay same in annual installments as provided in section 511 hereof, same shall be deducted from the assessment as a whole; and, if said purchase price be ascertained subsequent to the election of the property owner to pay same in annual installments, the aforesaid purchase price of property taken shall be applied and set off against the unpaid assessments, the purchase price to be divided according to the number of unpaid installments and applied equally toward the satisfaction of each unpaid installment. (Priv. Acts 1921, Ex. Sess., ch. 37, § 1)

Memphis Charter, art. 53, § 527 City's full faith and credit pledged for payment of certificates.

Sec. 527. - City's full faith and credit pledged for payment of certificates. The full faith and credit of any municipality issuing certificates of indebtedness to pay for improvements under the provisions of this Act is hereby pledged for the payment of such certificates, with interest, according to their tenor. (Acts 1907, ch. 341, § 17)

Memphis Charter, art. 53, § 528 City to pay one-half of cost.

Sec. 528. - City to pay one-half of cost. Whenever any improvement is made under the provisions of this Act for which it is herein provided that one-half of the cost thereof shall be paid by the owners of abutting real property, the municipality within whose corporate limits such improvement is made shall pay the remaining one-half of such cost out of any funds available or provided for that purpose. (Acts 1907, ch. 341, § 18; Priv. Acts 1925, ch. 512; Priv. Acts 1949, ch. 495, § 1)

Memphis Charter, art. 53, § 529 Reserved.

Memphis Charter, art. 53, § 530 Misdescription of assessed land.

Sec. 530. - Misdescription of assessed land. In case a lot or parcel of land against which any assessment has been or shall be made or attempted to be made, as provided for in section 6 [section 509 herein], or other parts of said chapter 341 of the laws of 1907, or said chapter 341 as amended by this Act, is not fully described in any assessment book, ordinance or notice, or in any other place or proceeding, then in order to fix the identity of the lot or parcel, reference may be had to any plot, petition or other document or paper on file in the proceedings for making the improvement or for the assessment of the land, or evidence aliunde may be heard, and vagueness of description or misdescription or want of description shall not defeat the lien on any lot or parcel of land for its proportion of the assessment for any such improvement on the street, alley or highway, or part or parts thereof abutting on such lot or parcel of land. (Acts 1909, ch. 109, § 7)

Memphis Charter, art. 53, § 531 Cost of relaying or repairing pipes, etc.

Sec. 531. - Cost of relaying or repairing pipes, etc. In case, in the opinion of the legislative body, it becomes necessary or proper in the making of any such improvement on any street, highway or alley, or part or parts thereof for the municipality, either itself to relay, or through a water company to cause to be relaid, any water pipe, or to lay new water pipes, or it becomes necessary or proper for the municipality to relay sewer drains or build new sewers, or for water or sewer connections to be repaired or replaced, or otherwise reconstructed or improved, or it becomes necessary or proper to provide for drainage or oiling of the street improvement, or it becomes necessary or proper to make other improvements, then the cost of any and all such improvements or any part thereof may, in the discretion of the legislative body, be included in the cost of improvement, one-half of which cost may be assessed against the abutting property as provided in Acts 1907, chapter 341, as amended. (Acts 1909, ch. 109, § 8; Priv. Acts 1925, ch. 512; Priv. Acts 1949, ch. 495, § 1)

Memphis Charter, art. 53, § 532 Levy of ad valorem tax to pay principal and interest of certificates and bonds.

Sec. 532. - Levy of ad valorem tax to pay principal and interest of certificates and bonds. In the event of the issuance of bonds as in this Act pro-vided, or in the event of the issuance of certificates of indebtedness, as provided in said chapter 341 of the Acts of 1907, or as provided in said chapter 341 as amended by this Act, or in the event of the issuance of some bonds and some certificates of indebtedness, the power and authority to levy assessments as provided in said chapter 341 of the Acts of 1907, or as provided in this Act, as the case may be, shall continue to exist, and the proceeds arising from the collection of assessments shall be and are hereby pledged for the payment of such bonds and interest or such certificates and interest, as the case may be, and shall be applied to that purpose. It shall be the duty of the legislative body of the municipality to ascertain in due season, in advance of the time for the payment of the principal or interest, or both of any and all such certificates of indebtedness already issued or hereinafter issued, and in advance of the time for the payment of the principal or interest, or both, of any such bonds, whether or not there is or will be sufficient moneys provided by the assessments levied and actually collected and in the treasury of the municipality set apart for the payment of the principal and interest of such certificates of indebtedness and bonds as the same, respectively, from time to time become due; and it shall be the duty of the legislative body of the municipality in due season, in advance, to levy an ad valorem tax upon all the taxable property in the municipality sufficient to pay the principal and interest of such certificates and such bonds as they respectively become due from time to time, or to pay such part or parts thereof as are not or will not be fully provided for by the assessments levied and actually collected and in the treasury of the municipality in season for the payment of the principal and interest of such certificates of indebtedness and bonds as the same, respectively, from time to time become due. In case the municipality shall levy and collect ad valorem taxes for the purpose of paying the principal and interest of any certificates of indebtedness or bonds, or any part thereof, the municipality shall nevertheless have the power and authority to proceed with the levy and collection of assessments, and such assessments or part thereof sufficient for the purpose shall be paid into the treasury of the municipality to reimburse the treasury for the amount thus paid out of such ad valorem taxes, and such money thus reimbursed to the treasury shall be used under the direction of the legislative body of the municipality for any lawful corporate purpose for which ad valorem taxes may legally be levied and collected. (Acts 1909, ch. 109, § 9)

Memphis Charter, art. 53, § 533 Noncompliance with law not to affect validity of certificates and bonds; validation of certificates previously issued.

Sec. 533. - Noncompliance with law not to affect validity of certificates and bonds; validation of certificates previously issued. Any failure on the part of any municipality to comply with any of the provisions of said chapter 341 of the laws of 1907, or said chapter 341 as amended by this Act, and any failure in the existence or performance of any of the conditions precedent to the issuance of any certificates of indebtedness or bonds under said chapter 341, or under said chapter 341 as amended by this Act, shall not affect the validity of such certificates of indebtedness or bonds or of the assessments made under said chapter 341, but the same shall be in all respects valid and binding. Any certificates of indebtedness heretofore issued or hereafter issued under said chapter 341, or said chapter 341 as amended by this Act, shall be and are hereby declared to be the absolute obligations of the municipality by which issued. In the event that for any reason the amount of the assessments levied and actually collected and set apart in the treasury of the municipality for the payment of the principal and interest of any such certificates of indebtedness shall not be sufficient to make such payment, the legislative body of the municipality shall be and is hereby authorized and directed to levy and collect, in addition to all other taxes authorized by law, an ad valorem tax on all the taxable property in such municipality sufficient to provide for the payment of the principal and interest of such certificates as the same become due. (Acts 1909, ch. 109, § 10)

Memphis Charter, art. 53, § 534 Entire cost may be assessed upon petition of property owners.

Sec. 534. - Entire cost may be assessed upon petition of property owners. In the event a petition be presented to the legislative body of the municipality averring the willingness of each of the signers to pay his or her pro rata share of the entire cost of any improvement such as is authorized by this Act and relieves the municipality from the payment of any part thereof as to any street, highway or alley, or part or parts thereof, which petition is signed by the owners of at least seventy-five percent of the frontage of the lots or parcels of land abutting on such street, highway or alley, or part or parts thereof proposed to be thus improved, such petition may be granted by the legislative body and thereupon proceedings may be had under this Act the same in all respects as if the improvement had been begun by the legislative body of its own initiative, and bonds or certificates of indebtedness may be issued, and assessments may be made, except that the assessments shall, in such event, be made for the entire cost of the improvement, and bonds or certificates of indebtedness may be issued for the entire cost instead of assessments being made for only three-fourths [one-half] of the cost thereof; and bonds or certificates of indebtedness being issued for only two-thirds of the cost thereof; provided, that no assessment under this section shall in any event exceed on any lot two-thirds of the assessed value thereof for City taxes for the year in which the lien against the lot attaches, and all other provisions of said chapter 341 as amended by this Act shall be applicable in respect of any improvement made under this section, except as in this section otherwise expressly provided. This section is hereby declared to be separate from the remainder of the Act, and the validity or invalidity of this section shall not affect the remainder of the Act. (Acts 1907, ch. 341, § 19; Acts 1909, ch. 109, § 12; Priv. Acts 1925, ch. 512)

Memphis Charter, art. 53, § 535 Authority of City to do work with own forces.

Sec. 535. - Authority of City to do work with own forces. It shall not be necessary for the improvements under this Act to be done under contracts let accordingly to the requirements for letting other contracts of the municipality carrying on said improvement, but the municipality may, if the ordinance directing said improvement so states, do all or any part of said improvement by labor hired by the municipality, and with materials purchased as other municipal purchases are required to be made. (Priv. Acts 1913, ch. 244, § 3)

Memphis Charter, art. 53, § 536 City to have lien for improvement.

Sec. 536. - City to have lien for improvement. When an ordinance for the improvement of any street, alley or highway shall have been duly passed and confirmed, the municipality shall have a lien upon all property abutting on said street, alley or highway so improved for its pro rata cost of said improvement, the amount of said lien to be determined and assessed against said property as now provided by law. (Priv. Acts 1913, ch. 244, § 4)

Memphis Charter, art. 53, § 537 Notice of improvement to contain estimate of cost of every item to be expended.

Sec. 537. - Notice of improvement to contain estimate of cost of every item to be expended. The notice of the adoption of an ordinance for the improvement of any street, alley or highway shall contain an estimate of the cost of every item to be expended in said improvement, and no item not embraced in said estimate shall be assessed as part of the cost of the improvement, except the 10 percent charge for the general supervision an unitemized expense of the City, which shall in all cases be in such estimate and embraced in said assessment without being itemized or set out in detail. The amount of the estimated cost of any item shall not control or affect the amount to be assessed for said item if the cost thereof shall not exceed by more than 10 percent the amount as estimated. If the bids received for said improvement shall exceed by 10 percent or more the amount estimated for any item it shall be the duty of the legislative body of the municipality to pass a new ordinance for said improvement or abandon same, or in default of such action, to pay the amount expended upon any item in excess of said estimate. (Priv. Acts 1913, ch. 244, § 5)

Memphis Charter, art. 53, § 538 Objections to items of cost to be made in writing before date fixed for hearing; effect of failure to protest.

Sec. 538. - Objections to items of cost to be made in writing before date fixed for hearing; effect of failure to protest. All objections to any improvement on the ground that it contains items which cannot properly be charged to the property holders, or that it is for any default or defect in the passage or character of said ordinance, or the estimate void or voidable, in whole or in part, or that it exceeds the powers of the legislative body of the municipality, shall be made in writing on or before [the] date fixed by notice for the hearing of remonstrances against the confirmation of said ordinance. Any objections against the making of said improvements or improvement not presented in person or by attorney prior to the confirmation of said ordinance shall be considered as waived, and if said protest or objections shall be made and overruled, the finding of the legislative body of said municipality shall be the final adjudication of the issues presented and determined, unless proper steps shall be taken in court of competent jurisdiction to review said finding within thirty days. A protest of property holders shall not inure to the benefit of any property holder not signing the same in person or by attorney. (Priv. Acts 1913, ch. 244, § 6)

Memphis Charter, art. 53, § 539 Effect of failure to object to amount of assessment.

Sec. 539. - Effect of failure to object to amount of assessment. No ground of protest shall be made against the confirmation of the assessment which by law is required to be made before the confirmation of the ordinance and any ground of protest not made shall be considered waived. The judgment overruling a protest shall be treated as the final judgment of an inferior tribunal and reviewable only as such. The protest of other property holders shall not inure to the benefit of those not protesting. (Priv. Acts 1913, ch. 244, § 7)

Memphis Charter, art. 53, § 540 Widening, extending or connecting streets.

Sec. 540. - Widening, extending or connecting streets. In any case where any municipality shall desire to extend any existing street, alley or highway, so as to connect with any other existing street, alley or highway, or shall desire otherwise to extend any existing street, alley or highway, or to widen the same, the said municipality shall, in the ordinance providing for such improvement, designate the portions of such existing streets, alleys or highways, and the portions of the extension and extensions of such streets, alleys or highways upon which, in the judgment of the Board of Commissioners or other governing authorities of said municipality, the abutting property receives a special and peculiar benefit from said improvement, whether the said portions of said streets, so designated, shall abut the physical improvements or not and one-half of the total cost of the following items incident to said improvement, to-wit: (a) Property acquired. The cost of any property purchased, condemned or otherwise acquired for the purpose of opening, extending or widening said streets, alleys or highways, and all court costs and every other charge incidental to said condemnation, purchase, or acquisition. (b) Damages. The amount of damage paid as a result of injury to abutting property by a change of grade or drainage, including all court costs and incidental expenses arising as a result of any proceedings had, to ascertain and fix said damages. (c) Retaining walls, etc. The cost of any retaining walls, sidewalks or fences built or altered in lieu of cash payment for the damages to property on the acquisition thereof. (d) Moving or altering buildings. The cost of moving or altering any store or other structures shall be assessed against the property abutting upon the said portions of said streets, alleys or highways or designated by said ordinance as receiving a special or peculiar benefit from said improvement, according to the frontages of the several lots or parcels of land abutting upon the portions of said streets, alleys or highways so designated and the remaining one-half of the cost of said items above enumerated shall be borne by said municipality. (e) (Abutting property assessment.) One-half of the cost of grading, paving and of all other expense incident to such improvement excepting the items (a), (b), (c), and (d) above-mentioned, shall be assessed against the property abutting the physical improvements, consisting of the opening, extending or widening of said streets, alleys, or highways in proportion to the frontages of the several lots or parcels of land thus abutting upon the said physical improvements and the remaining one-half of the expense of said items shall be borne by the municipality. (Priv. Acts 1919, ch. 765, § 1; Priv. Acts 1925, ch. 512; Priv. Acts 1949, ch. 495, § 1)

Memphis Charter, art. 53, § 541 Manner of making improvements under amendment; construction of Act.

Sec. 541. - Manner of making improvements under amendment; construction of Act. The improvements made under this amendment shall be made in all respects in the same manner as other improvements are now authorized to be made, and the proceedings for the passage of ordinances and filing of protests thereunder and review thereof, shall be the same as now provided by existing laws except so far as modified by this amendment. This Act shall not be construed as repealing or limiting any existing powers possessed by any municipality by virtue of said chapter 341 of the Acts of 1907, and the amendments thereof, prior to this amendment, but the powers herein granted shall be in addition to powers already possessed. (Priv. Acts 1919, ch. 765, §§ 3 and 4)

Memphis Charter, art. 53, § 542 Cost of establishing building lines.

Sec. 542. - Cost of establishing building lines. Whenever, under the provisions of this Charter, or any law authorizing it, any municipality coming within the provisions of chapter 341 of the Acts of 1907, and Acts amendatory thereof and supplementary thereto, shall have the right to establish a building line, or lines, on any street, avenue, parkway, boulevard, esplanade, or highway in said municipality, the cost of establishing such building line, or lines may be assessed against the abutting property in accordance with the provisions of said chapter 341 of the Acts of 1907, and Acts amendatory thereof and supplementary thereto, subject to all the provisions of said Acts, it being the intention of the general assembly to amend said Acts so as to give full power to all municipalities coming within the classification of said Acts to assess the cost of establishing a building line, or lines, against the property abutting on said line, or lines, according to the front foot plan. (Priv. Acts 1923, ch. 424)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/charter?nodeId=PTICHRELA_ART53STIMUNFRFOASLAFetched: 10/28/2026