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The Mayor shall have authority to compel the making of sewer and water connections whenever, in view of contemplated street improvements or as a sanitary regulation, sewer or water connection should in his judgment be constructed. He shall cause written notice of his determination thereof to be given to the owner or the agent of such owner of each lot or parcel of land to which such connections are to be made, which notice to the owner or the agent of such owner of each lot or parcel of land to which such connections are to be made, which notice shall state the number and character of connections required. Such notice shall be served by a person designated by the Mayor in the manner provided for the service of summons in civil actions. Nonresidents of the City, or persons who cannot be found, may be served by one publication of such notice in a newspaper of general circulation in the City, which notice shall state the time within which such connections shall be constructed; and if they be not constructed within the said time, the work may be done by the City and the cost thereof, together with a penalty of five percent (55tc) assessed against the lots and lands for which such connections are made. Said assessments shall be certified and collected as other assessments for street improvements.
The Council may by resolution declare that certain specified sidewalks, curbing, or gutters shall be constructed or repaired. Upon the passage of such a resolution the Clerk of the Council shall cause written notice of the passage thereof to be served upon the owner, or agent of the owner, of each parcel of land abutting upon such sidewalk, who may be a resident of the City, in the manner provided by law for the service of summons in civil actions. He shall return a copy of the notice with the time and manner of service endorsed thereon, signed by the person serving it, to the Mayor who shall file and preserve such return. For the purpose of such service, if the owner of any such property be not a resident of the City, any person charged with the collection of rent, or the payment of taxes on such property, or having control thereof in any way, shall be regarded as the agent of the owner, and service upon such person shall have the like force and effect as though personal service were made upon the owner thereof. If it appear in any such return, however, that the owner is a nonresident, or that neither such owner nor agent could be found, one publication of a copy of the resolution in a newspaper of general circulation in the City shall be deemed sufficient notice to such owner. If such sidewalks, curbings or gutters be not constructed or repaired within thirty (30) days from the service of notice, or the completion of the publication, the Mayor may proceed by direct employment of labor, or by contract to do, or have done, the said construction or repair at the expense of the owner, as in the case of other improvements, and all such expense shall be reported by the Mayor to the Council. The Council shall thereupon by ordinance assess the cost and expense thereof upon the owners of all the property bounding or abutting thereon, and such assessments shall be collected in the same manner with a penalty of five percent (5%) and interest for failure to pay at the time fixed by the assessment resolution.
No proceedings for the construction or repair of sidewalks, curbings, and gutters, and levying assessments therefor, shall be necessary other than the proceedings required under this and the preceding section. In any case in which special assessments may be made on property for all the cost of constructing or repairing sidewalks, curbings, or gutters, such assessment within the limit of thirty-three and one third percent (33-1/3%) of the real value of the property shall be a valid assessment thereon except as provided in Section 88 of this Charter.
The Council may at any time borrow money and authorize the issuance of notes or bonds therefor in anticipation of the collection of assessments levied for the purpose of paying the cost of constructing or repairing sidewalks, which are to be or have been constructed by the Mayor upon the failure of the owners of the property to construct or repair the same, pursuant to notice as hereinbefore provided.
When it becomes necessary, in the opinion of the Mayor or in the prosecution of any work or improvement under contract, to make alterations or modifications in such contract, such alterations or modifications shall be made only upon the order of said Mayor in writing. Provided, however, that such alterations or modifications must be approved by the Council in case such involves an additional expenditure exceeding five thousand dollars ($5,000.00). No such order shall be effective until the price to be paid for the work and material, or both, under the altered or modified contract, has been agreed upon in writing and signed by the contractor and the Mayor in behalf of the City. (Approved by voters 11-4-14)
A proprietor of lots or grounds within the City who subdivides or lays them out for sale, shall cause to be made an accurate map or plat of such subdivision, describing with certainty all grounds laid out, or granted for streets, alleys, ways, commons, or other public uses. Lots sold or intended for sale shall be numbered by progressive numbers, or described by the squares in which situated, and the precise length and width shall be given of such lot sold, or intended for sale. Such map or plat shall be subscribed by the proprietor, or his agent duly authorized in writing, acknowledged before an officer authorized to take the acknowledgment of deeds, who shall certify the acknowledgment of the instrument; and recorded in the office of the County Recorder.
The map or plat so recorded shall thereupon be a sufficient conveyance to vest in the City the fee of the parcel or parcels of land designated or intended for streets, alleys, ways, commons, or other public uses, to be held in the corporate name in trust to and for the uses and purposes in the instrument set forth, expressed, designated or intended.
The Council shall provide for the care, supervision, control and improvement of public highways, streets, avenues, alleys, sidewalks, public grounds, bridges, aqueducts, and viaducts, within the City, and shall cause them to be kept open, in repair and free from nuisance.
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