STREET IMPROVEMENTS UNDER DISTRICT PLAN (NOT FRONT FOOT)

Memphis Charter art. 54

in effect

Memphis Charter, art. 54, § 546 Authority to establish and purpose of districts.

Sec. 546. - Authority to establish and purpose of districts. The Board of Commissioners or other governing authority of any municipality in this State having a population of one hundred sixty thousand (160,000) or over by the Federal Census of 1920, or any future Federal Census, is hereby vested with the jurisdiction, power and authority to establish an improvement district or districts, for the purpose of opening new streets, alleys or highways, extending or widening existing streets, alleys or highways, or connecting existing streets, alleys or highways, and acquiring the necessary property therefor by condemnation or otherwise, paving, curbing, macadamizing, guttering, grading said streets, alleys or highways, paying for all property acquired and for all damages to any property by the change of grade or otherwise, paying for all plumbing, water and other connections damaged, the moving of any houses, buildings and any damage thereto and the removal of trees, fences, retaining walls and other structures, and the paying of all legal expenses, court costs, engineering fees, paying for all printing, advertising, clerical help, collections of funds, loans or interest on money advanced, stenographer's charges, abstracts, plats, accountants, and in general the expenses of supervising, directing and controlling the work of improvement; paying the cost of bridges, culverts, and any structures, upon which the street, alley or highway is carried over any bayou, creek or drain, paying for the costs of removing, altering or relaying any tracks of any person or corporation to whom the City is under any legal obligation to relay said tracks, and in general paying for all costs of said improvement, of any kind or character whatever. (Priv. Acts 1923, ch. 426, § 1)

Memphis Charter, art. 54, § 547 City Engineer's plan and statement.

Sec. 547. - City Engineer's plan and statement. Before the governing authority of any municipality shall establish [an] improvement district or districts, the City Engineer of said municipality shall file in the office of the Comptroller of said municipality a plan setting forth the body or district of land or streets, alleys or highways or parts thereof described by metes and bounds or otherwise so as to convey an intelligible description of such lands sought to be improved by the opening of new streets, alleys or highways, the extension or widening of any existing streets, alleys or highways or the connection of existing streets, alleys or highways. Accompanying such plans shall be a statement of the reason for said improvements and the nature thereof, which said statement shall set out the nature of the land to be improved and the nature of the improvement, whether by extending or widening existing streets, alleys, or highways, opening new streets, alleys or highways, or connecting existing streets, alleys or highways, and the approximate amount of paving, curbing and guttering to be done thereon and stating the starting point, the route and the terminal of said improvements. Said plans shall show, as near as may be, the nature of improvement with such drawing or drawings as will indicate a general idea of the nature or character of said improvement; but no variance between the plan and the description of the improvement which does not materially alter or change the nature of the improvement shall vitiate any of the proceedings or the assessment for the improvement. (Priv. Acts 1923, ch. 426, § 2; Priv. Acts 1937, ch. 123, § 18)

Memphis Charter, art. 54, § 548 Protests against plan; notice of hearing; filing of objections; adoption, rejection or modification of plan.

Sec. 548. - Protests against plan; notice of hearing; filing of objections; adoption, rejection or modification of plan. After such plans and description have been filed, the governing authorities of such municipality shall, at some regular meeting within thirty days thereafter, determine whether or not said plans shall be adopted. The governing authorities of said municipality shall by proper resolution appoint the time and place [at] which the said governing authorities will meet to hear protests, if any, against the making of said improvement. Said time shall not be less than twenty days from the passage of said resolution; and due notice of such hearing shall be given by the Comptroller by at least four publications in some daily paper in said City, the last of which shall be at least five days before the date of the meeting. Said notice shall state the general character of the improvement and the metes and bounds thereof. Any person desiring to object to said improvement shall file his objection with the Comptroller in writing on or before the date of hearing, and at the time fixed for the hearing shall appear in person or by attorney and present his objections to the said governing authorities. Said governing authorities shall have the power to adopt, reject or modify said plans; and if said plan is adopted or modified and said modifications do not so materially alter the plan as to make it substantially a new plan, then the governing authorities shall proceed further with said work as hereinafter provided. (Priv. Acts 1923, ch. 426, § 3; Priv. Acts 1937, ch. 123, § 18)

Memphis Charter, art. 54, § 549 Detail plans showing cost.

Sec. 549. - Detail plans showing cost. After said plans as originally drawn or modified have been adopted, the governing authorities shall direct the City Engineer to make detail plans, showing the cost of each item of construction as estimated by said City Engineer, which said plans shall be filed with the Comptroller within sixty days of the adoption of said general plans of work. (Priv. Acts 1923, ch. 426, § 4; Priv. Acts 1937, ch. 123, § 18)

Memphis Charter, art. 54, § 550 Viewers and assessments generally.

Sec. 550. - Viewers and assessments generally. At the first meeting after said plans are filed it shall be the duty of the governing authorities of said municipality to appoint five viewers, who shall be free-holders of said municipality and not interested in any property to be improved in said district embraced in the plans. These viewers shall be duly sworn by the Mayor to make an investigation of all the property affected by said improvement and embraced in the district, and shall file a report in writing with the Comptroller which shall show, first, the fair market value of all property which is to be taken in making said improvements; second, the damage to any property affected by said improvement, less any particular benefit received by said property; third, the proportions in which the various plots or parcels of ground in said district are to be assessed, which said proportions shall be ascertained by determining the benefits derived by each piece of ground from said improvement and assessing same accordingly, the said valuation to show in percentages the amount to be borne by each piece of land according to its value; provided, however, that only two-thirds of the total cost shall be so assessed against the property within the districts and the remaining one-third shall be paid by the municipality, and in making said assessment the viewers shall determine what particular plot or plots shall be regarded as a unit and assess all others according to their proportionate improvement as compared to said unit. (Priv. Acts 1923, ch. 426, § 4; Priv. Acts 1937, ch. 123, § 18)

Memphis Charter, art. 54, § 551 Filing of viewers report; engineer to file estimate of cost; elements of cost.

Sec. 551. - Filing of viewers report; engineer to file estimate of cost; elements of cost. Said report must be filed with the Comptroller within sixty days from the appointment of said viewers, and within fifteen days after said report is filed, the City Engineer shall file with the Comptroller an estimate which shall set forth the amount to be borne by each particular piece of land, the cost of said improvement in which said estimate shall be included, the following items, to-wit: The cost of all labor and material necessary to do the improvement contemplated. The cost of all property to be acquired and all damages to be paid. The cost of all proper supervision of said work, which may be done by engineers hired for that purpose by the Engineering Department of said municipality; and if said work is done by the Engineering Department of the municipality the cost thereof shall be ascertained by adding to the cost of labor and materials, ten percent of the amount thereof which sum shall be conclusively held to be the entire cost to said municipality of said engineering and of all the costs of collecting and clerical work connected with said improvement; the cost of the viewers in determining damages and the value of the property taken, court costs, and the expense of litigation, and in general, all expenses incurred on account of said improvement. The cost of abstracts, plans, advertisement, collections and clerical help shall also be charged unless the engineering work is to be done by the municipality, in which event these items shall be embraced in the ten percent above set out. (Priv. Acts 1923, ch. 426, § 4; Priv. Acts 1937, ch. 123, § 18)

Memphis Charter, art. 54, § 552 Complaints against values fixed or assessments; notice of hearing; failure to appear; confirmation or modification of report; right of appeal to circuit court.

Sec. 552. - Complaints against values fixed or assessments; notice of hearing; failure to appear; confirmation or modification of report; right of appeal to circuit court. Within ten days after the filing of said engineer's estimate of the cost of assessment, the governing authority of said municipality, shall by proper resolution, fix a time and place not less than twenty days from the date of said resolution, for the hearing of complaints against the value fixed for property to be taken as damages to property or the assessment to be made upon any property. Due notice of said hearing shall be given by at least six publications made in some newspaper in said municipality, which said notice shall set out the estimated cost of said improvements and the fact that the detail estimate and the assessment against each piece of property has been filed, and notifying the property holders to appear and make their protest at the time and place appointed and setting out the metes and bounds of said improvement district and the nature and character of said improvement. Any person objecting to the fixed value upon his property as [or] the amount ascertained as the damages thereto or the assessment thereon shall file his objections in writing on or before the time fixed for said hearing, and appear in person or by attorney at said hearing and present his objections. Any person failing to appear shall be considered as accepting the amounts fixed in the reports as the values of their property, the damages to or the assessments thereon. The governing authorities of the municipality shall hear all complaints made and confirm or modify the reports in accordance therewith. Any person dissatisfied with the award of the governing authority of said municipality shall, within ten days file a certiorari to the circuit court of the County in which said municipality is situated, for the purpose of reviewing said holding; and unless said certiorari is filed, the finding of the governing authority shall be final both as to value of the property taken and the damages thereto and as to the maximum amount of the assessment to be borne by said property. (Priv. Acts 1923, ch. 426, § 5)

Memphis Charter, art. 54, § 553 Viewers' findings on damages and values not to be increased.

Sec. 553. - Viewers' findings on damages and values not to be increased. In no event shall the district be charged with any greater sum than the amount fixed by the viewers as to the damage to, or the value of, the property. (Priv. Acts 1923, ch. 426, § 6)

Memphis Charter, art. 54, § 554 Statement of cost after completion of work; reduction of assessments.

Sec. 554. - Statement of cost after completion of work; reduction of assessments. After the work in any improvement district shall have been completed, the City Engineer shall file with the Comptroller a statement, showing the complete and detailed cost of said work, including all of the items embraced in the estimate. If the said statement shows the cost of the work to have been less than the estimate, then the assessment on all of the property in said district shall be reduced proportionately; but if the statement shows a greater cost than the estimate, the assessment as previously made shall stand, and the excess shall be borne by the municipality. (Priv. Acts 1923, ch. 426, § 7; Priv. Acts 1937, ch. 123, § 18)

Memphis Charter, art. 54, § 555 Maximum assessment; resolution of confirmation; publication of resolution; when assessment due and payable; lien.

Sec. 555. - Maximum assessment; resolution of confirmation; publication of resolution; when assessment due and payable; lien. If the amount assessed against any piece of property shall be greater than one-third of its assessed value for City taxation in the year when the first assessment against said property was filed, then the assessment upon said property shall be reduced so as not to be greater than one-third of the assessed values, and the municipality shall pay the excess. Within ten days after said final statement of cost has been filed, the governing authorities of the municipality shall, by proper resolution, confirm said assessment, and the same shall thereupon become a lien upon all the property in said district for the amount assessed against it. The said resolution of confirmation shall be published three times subsequent to its passage, in some newspaper in said municipality, and the property holders shall have thirty days from said last publication in which to pay the assessment in full or sign a contract to pay the same in installments. (Priv. Acts 1923, ch. 426, § 7)

Memphis Charter, art. 54, § 556 Assessment book; payment of assessments in installments.

Sec. 556. - Assessment book; payment of assessments in installments. The assessments for any district shall be written in a well-bound book, which shall show the amount assessed against any property in said district, with appropriate columns to credit the payment of said assessment. Any property holder who desires to do so may, within the thirty days allowed for so doing, sign said assessment book, agreeing to pay the said assessment in five annual installments, together with six percent interest on each of said installments, until paid. If said installments are not paid when due, then all of the said sums shall become due and collectible as hereinafter provided. (Priv. Acts 1923, ch. 426, § 8)

Memphis Charter, art. 54, § 557 Procedure for enforcement of lien.

Sec. 557. - Procedure for enforcement of lien. The lien hereby credited [created] on any property in any improvement district shall be collectible by a suit in the chancery court, or may be enforced as a lien for City taxes is enforced by a sale of said property. If suit is filed in the chancery court, any number of pieces of property may be embraced in one suit; and if a lien is enforced as City taxes are enforced, the proceedings shall be those provided by existing statutes and laws for the collection of City taxes at the time said sums become due. (Priv. Acts 1923, ch. 426, § 9)

Memphis Charter, art. 54, § 558 Authority of City to issue bonds; amount not to exceed estimated cost.

Sec. 558. - Authority of City to issue bonds; amount not to exceed estimated cost. The governing authorities of such municipalities shall have the right and power to issue negotiable bonds of the municipality to any amount in par value not to exceed the amount of the estimated cost to be paid by the owners of property other than the City in such improvement district as said estimated cost is determined and fixed after all preliminary steps have been taken and the work is ready to be begun. (Priv. Acts 1923, ch. 426, § 10)

Memphis Charter, art. 54, § 559 Where bonds payable; form and signature; coupons.

Sec. 559. - Where bonds payable; form and signature; coupons. Such bonds shall be payable to bearer in lawful money of the United States at such place or places as may be designated in the bonds and be in such form and signed by such officers as may be provided in the ordinance directing their issue. Coupons may bear a facsimile signature or signatures; and in case any of such officers whose signatures appear on said bond or coupon 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 delivery of the bonds. (Priv. Acts 1923, ch. 426, § 10)

Memphis Charter, art. 54, § 560 When bonds to mature; interest rate; denominations; sale; assessment levy to be set apart as fund for payment of bonds and interest; levy of ad valorem tax to pay principal and interest.

Sec. 560. - When bonds to mature; interest rate; denominations; sale; assessment levy to be set apart as fund for payment of bonds and interest; levy of ad valorem tax to pay principal and interest. The bonds shall run, one, two, three, four and five year and bear interest at the rate of 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. Said bonds shall be sold at public or private sale at not less than par and accrued interest, and shall be the absolute and general obligation of the municipality. The governing authorities of said municipality shall provide by ordinance that the assessment levied upon property in said improvement district in respect of which any such bonds are issued shall be set apart as the fund for the payment of such bonds and interest; and it shall be the duty of the governing authorities of the municipalities to levy, in addition to all other taxes which said municipality is by law authorized to levy, an ad valorem tax on all the taxable property in said municipality to pay the principal and interest on such bonds as they become due, or to pay such part or parts thereof as are not provided for the reassessment levied and actually collected and in the treasury of the municipality set apart for the payment of such bonds and interest. (Priv. Acts 1923, ch. 426, § 10)

Memphis Charter, art. 54, § 561 More than one improvement may be included in single bond issue.

Sec. 561. - More than one improvement may be included in single bond issue. Such ordinances for the issuance of bonds shall be passed, and the municipality may, in its discretion, provide for the issuance of bonds in one lot or amount in respect to any one or more of such improvements, and may provide that any assessment levied in respect to all such improvements may be applied as a whole towards the payment of the entire lot or amount of bonds or interest thereon. (Priv. Acts 1923, ch. 426, § 10)

Memphis Charter, art. 54, § 562 Proceedings required; irregularities not to affect validity of bonds.

Sec. 562. - Proceedings required; irregularities not to affect validity of bonds. No proceedings on the part of said municipality in any respects to the issuance of said bonds shall be necessary, except such proceedings as are required by this Act. The failure in the existence or performance in any of the conditions precedent to the issuance of said bonds shall not affect the validity of said bonds, but the same shall be in all respects valid and binding. The levy by the municipality of any ad valorem tax shall not prevent the collection of the assessment levied for the improvement district for which the bonds were issued; but said assessment shall remain and be collected, the proceeds thereof to be devoted to reimbursing the municipal treasury for the amount paid out under said ad valorem tax. (Priv. Acts 1923, ch. 426, § 10)

Memphis Charter, art. 54, § 563 Compensation of viewers.

Sec. 563. - Compensation of viewers. The viewers hereinbefore provided for shall receive for their services the sum of five dollars per day for the time engaged upon the duties prescribed in this Act, and in the ordinance under which they are appointed. (Priv. Acts 1923, ch. 426, § 11)

Memphis Charter, art. 54, § 564 Preliminary expense to constitute part of cost of assessment.

Sec. 564. - Preliminary expense to constitute part of cost of assessment. The municipality shall be reimbursed on account of the preliminary steps taken in forming any district herein provided for; any such expense shall be embraced in the final and detailed cost of the improvement. (Priv. Acts 1923, ch. 426, § 12)

Memphis Charter, art. 54, § 565 Act not to repeal front foot plan.

Sec. 565. - Act not to repeal front foot plan. This Act shall not be construed or have the effect of repealing or limiting any powers possessed by any municipality by virtue of chapter 341 of the Acts of 1907, and the amendments thereto [sections 503 to 545 herein], or under any law or Act; but the powers herein granted shall be in addition to all powers already possessed. (Priv. Acts 1923, ch. 426, § 13)

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_ART54STIMUNDIPLNOFRFOFetched: 10/28/2026