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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)
When in the prosecution of any work or improvement under contract it becomes necessary, in the opinion of the director of the appropriate department, to make alterations or modifications in such contracts, such alterations or modifications shall be made only when authorized by the Council upon the written recommendations of such director, countersigned by the Mayor. No such alterations shall be valid unless the price to be paid for the work or material, or both, under the altered or modified contract, shall have been agreed upon in writing and signed by the contractor and such director prior to such authorization by the Council.
(Effective November 9, 1931)
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 each 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.
(Effective November 9, 1931)
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.
(Effective November 9, 1931)
The Council shall, by ordinance, designate the director of a department, or some other administrative officer of the City, as Platting Commissioner. The Platting Commissioner shall provide regulations governing the platting of all lands so as to require all streets and alleys to be of proper width, and to be coterminous with adjoining streets and alleys, and otherwise to conform with regulations prescribed by the City Planning Commission. Such regulations may also require that sewers and other public improvements shall be of such nature as to conform to the plan of the City and be adequate to the future needs of the City and of the newly platted territory. Whenever the Council shall deem it expedient to plat any portion of territory within the City limits, in which the necessary or convenient streets or alleys have not already been accepted by the City so as to become public streets, or when any person plats any land within the corporate limits, or within three miles thereof, the Platting Commissioner shall, if such plats are in accordance with the rules as prescribed by him, endorse his written approval thereon. No plat subdividing lands within the corporate limits, or within three miles thereof, shall be entitled to record in the Recorder’s office of the County without such written approval so endorsed thereon.
(Effective November 9, 1931)
No streets or alleys, except those laid down on such plat and bearing the approval of the Platting Commissioner, as hereinbefore provided, shall subsequently in any way be accepted as public streets, or alleys, by the City, nor shall any public funds be expended in the repair or improvement of streets and alleys subsequently laid out and not on such plat. This restriction shall not apply to a street or alley laid out by the City, nor to streets, alleys, or public grounds laid out on a plat by or with the approval of the Platting Commissioner.
(Effective November 9, 1931)
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