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Upon the completion of any improvement the Director of Finance shall rebate to the then owner of the property which shall have been assessed to pay for such improvement any surplus or excess remaining unexpended for the purpose for which such assessment was made, and in the event of there being a deficit in the fund provided for the making of any such improvement the Director of Finance shall report to the Council a supplementary assessment within the limitation hereinbefore provided, which supplementary assessment shall be made by ordinance of the Council and certified for collection as is provided in the case of original assessments.
(Effective November 9, 1931)
The Mayor, or Director or head of an appropriate department or office under the direction of the Mayor, shall have authority to compel the making of sewer, water, and gas and other connections whenever in view of contemplated street improvements or as a sanitary regulation, such connections should in his judgment be constructed. Written notice of such determination shall be given to the owner or each lot or parcel of land to which 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 or by the director or head of an appropriate department or office under the direction of 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 the newspaper of general circulation in the City. The notice shall state the time within which such connections shall be constructed and, if they be not constructed, within said time, the work may be done by the City and the cost thereof, together with a penalty of five percent (5%), assessed against the lots and lands for which the connections are made. Said assessments shall be certified and collected in the same manner as other assessments for street improvements.
(Effective November 9, 1931)
The Council may by resolution declare that certain specified sidewalks, curbings or gutters shall be constructed or repaired. Upon the passage of such resolution the Director of Finance 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 sidewalks, curbings or gutters who may be a resident of the City, in the manner provided by law for the service of summons in civil actions. A copy of the notice, with the time and manner of service endorsed thereon, signed by the person serving it, shall be returned to the office of the Director of Finance and there filed and preserved. 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 upon 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 like force and effect as though personal service were made on the owner thereof. If it appear in any such return that the owner is a nonresident, or that neither such owner or 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.
(Effective November 9, 1931)
If sidewalks, curbings, or gutters are not constructed or repaired within fifteen (15) days from the service of the notice provided for in the preceding section, or the completion of the publication thereof, the City may proceed through the appropriate department or office either by direct employment of labor, or by contract, to carry out the said construction or repair at the expense of the owner, as is the case of other improvements, and all such expense shall be reported by the Director of Finance to the Council. The Council shall thereupon by ordinance assess the cost and expense thereof upon the owner or owners of all the property bounding or abutting thereon, and such assessment shall be collected in the same manner as other assessments with a penalty of five percent (5%) and interest for failure to pay at the time fixed by the assessment resolution.
(Effective November 9, 1931)
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, curbings and gutters which are to be or have been constructed by the City, upon the failure of the owners of the property to construct or repair the same pursuant to notice as hereinbefore provided.
(Effective November 9, 1931)
Public improvements of all kinds may be made by the appropriate department, either by direct employment of the necessary labor and the purchase of the necessary supplies and materials, with separate accounting as to each improvement so made, or by contract duly let to the lowest responsible bidder after competitive bidding, either for a gross price, or upon a unit basis for the improvement, or by contract containing a guaranteed maximum and stipulating that the City shall pay within such maximum the cost of labor and materials, plus a fixed percentage of profit to the contractor. Public improvements may also be made by combining the design professional contract with the public improvement contract, in a manner similar to a design-build or engineer, procure, construct (EPC) contract, and be awarded on the basis of the best proposal, taking into consideration the engineering and design, the construction method(s), the proposed design and construction costs, the total life-cycle costs, the qualifications of the proposed design professional and the construction firm(s), and the other objectives of the project.
The Council shall by ordinance determine by which of the foregoing methods any improvement shall be made. Contracts may provide a bonus per day for completion of the contract prior to a specified date, and liquidated damages to the City to be exacted in like sum for every day of delay beyond a specified date.
(Effective November 4, 2008)
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