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§ 90.053   INSTALLATION BY CITY; COSTS OF INSTALLATION.
   (A)   In case the owner or agent of any lot or parcel of land, when ordered by the Director of Public Works in the manner set out above, shall refuse or neglect to install pipes from the date of service of the notice provided for in § 90.052 of this code, the City Council may cause the driveway, approach, or obstructions to be constructed and installed and assess the cost thereof in a special assessment on the lot or parcel of land benefitted, this assessment to be made and collected in the same manner as provided for in the City Charter for the making and collecting of special assessments, and this tax shall be and remain a lien upon the lot or parcel of land until the same is paid, the same as all other assessments.
   (B)   Whenever either a property owner or the city shall improve any street which construction shall require the installation of any driveway culvert or the removal and restoration of an existing driveway culvert and driveway approach and any work upon the area between the edge of the street right-of-way and the improved portion of the street, then in all such cases:
      (1)   The cost of replacing an existing driveway culvert with a new driveway culvert and the cost of a new driveway culvert shall be paid by the property owner;
      (2)   The city shall not be required to pay any cost of paving or repairing any driveway approach on any portion of the roadway right-of-way, that being the responsibility of the property owner; and
      (3)   The city shall assume the cost of regrading to a finish grade the shoulders, ditch, and that portion of the land within the roadway right-of-way, but the city shall not be required to reseed or resod any such area, that being the responsibility of the property owner.
   (C)   Whenever the city shall have replaced any driveway culvert with a new culvert following roadway construction or improvement thereof, if the property owner shall neglect to pay the cost of that culvert then the city may assess the cost against the property in the same manner as provided in this section.
VACATION OF PUBLIC WAYS
§ 90.065   INTENT TO VACATE; NOTICE OF HEARING.
   (A)   Whenever the City Council shall deem it advisable to vacate, discontinue, or abolish any street, alley, or public ground, or any part thereof, it shall, by resolution, so declare, and in the same resolution shall appoint a time not less than 4 weeks thereafter, when it shall meet and hear objections thereto; notice of this meeting shall be published at least once not less than 4 weeks before the time appointed for the meeting in a newspaper circulated within the city.
   (B)   In addition to publication of the notice as set forth in subsection (A) of this section, notice by first class U.S. mail shall be sent to each property owner, as shown by the most recent tax assessment roll, owning property or assessed for taxes on property abutting any portion of the street, alley, or public ground proposed to be vacated, discontinued, or abolished.  The notice shall be mailed at least 14 days prior to the set date for the meeting.  Notice mailed to the person, firm, or corporation shown on the city tax assessment roll shall be sufficient to satisfy this requirement, and if the person whose name appears on the tax assessment roll shall have previously signed a petition to the city requesting the vacation, discontinuance, or abolishment, then no mailed notice shall be required to that petitioner.
§ 90.066   WRITTEN OBJECTIONS.
   Objections to the proposed vacation, discontinuance, or abolishment may be filed with the City Clerk in writing prior to the meeting thereon, and if any such objection shall be filed, the street, alley, or public ground, or any part thereof, shall not be vacated, discontinued, or abolished, except by concurring vote of 2/3 of the City Council members attending the meeting and voting thereon.
§ 90.067   VACATION; RECORDING OF RESOLUTION.
   Whenever any street, alley, or public ground shall be vacated, discontinued, or abolished by resolution of the City Council at the meeting called for that purpose, or at any later adjourned meeting of the Council when the purpose of the adjournment was for further study of the proposal and the date of the adjourned meeting was publicly stated at the original meeting or later adjournment thereof, then a copy of the resolution shall be filed in the office of the County Register of Deeds and also with the State Treasurer.  The recording shall contain an accurate description of the lands comprising any such street, alley, or public ground or part thereof which is vacated, discontinued, or abolished, and the resolution shall be prima facie evidence of all matters contained therein.
§ 90.068   EASEMENT AND RIGHT OF USE PRESERVED.
   The vacation, discontinuance, or abolishment of any street, alley, or public place shall not terminate any existing easement rights for public utilities unless specifically so stated in the resolution, and the city does herewith specifically reserve for itself or its agent the right of use of any such street, alley, or public ground for use for future public utilities of storm or sanitary sewer and public water supply, which future right of usage shall include sufficient ground within the original street, alley, or public ground to permit original construction of these public utilities and continued maintenance thereafter, which right of use shall continue for an unlimited time thereafter.  These rights of use reserved to the city or its agents shall continue regardless of the vacation, discontinuance, or abolishment unless specifically stated otherwise in the resolution of the Council.
§ 90.069   VACATION PETITION; FEE.
   The City Council shall establish, by resolution, a fee to be charged to any person, firm, or corporation for petitions for the vacation of any street, alley, or public ground or any part thereof under the terms of this ordinance.
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