A. Provisional Order: Whenever the city council shall, by a majority vote, decide that the interest of the city requires that any street or alley, or any part thereof, within the limits of the city, be graded, graveled, paved, macadamized or in any manner improved, the city council shall make a provisional order to the effect that such street or alley or part thereof shall be so graded, graveled, paved, macadamized or in any manner improved, and shall order the engineer, or some other competent engineer, to cross section said street or alley or part thereof and to make an estimate of the total cost thereof, and an estimate of the number of cubic yards of material necessary to be used in the grading thereof, or to be excavated therefrom.
B. Notice Of Hearing: Upon the filing of the report of such engineer, the city council shall set a time and place at which the owners of property abutting on said street or alley or part thereof so to be improved, or any such other persons interested therein, may appear before the city council and be heard as to the propriety and advisability of making such improvements, and as to the costs thereof, and as to the manner of payment therefor, and as to the amount thereof to be assessed against the property abutting thereon. Five (5) days' notice in writing of such time and place shall be given to such property owners, which shall be served by delivering a copy thereof to each of such property owners, if such owners can be found within the city, otherwise by delivering a copy thereof to some person residing on such property, or by posting a copy thereof on such abutting property. Notice of the time and place of such hearing shall also be given by publication in some newspaper of general circulation in the city; at least three (3) weeks prior to the time thereof; and the officer serving such notices shall make return of the manner of making the same, which shall be filed with the city clerk.
C. Hearing: At the time and place so fixed as aforesaid, any owner of such abutting property, or any person interested, may appear before the city council and be heard as to the propriety and advisability of making such improvements, and as to the cost thereof, and manner of payment therefor, and as to the amount thereof to be assessed against the abutting property.
D. Advertising For Bids: After such hearing, the city council shall determine as to the advisability of so grading, graveling, macadamizing or otherwise improving such streets or alleys or parts thereof, and shall determine the kind and character of such improvements so to be made, and shall proceed to advertise for bids for the doing of the work therefor, and shall enter into a contract for the doing of such work and the furnishing of all necessary materials to the lowest bidder.
E. Assessments: After the making of such contract, the city council shall determine what portion of such work shall be paid by such abutting property, and the owners thereof, and shall assess to each lot or parcel of land abutting upon such street or alley or part thereof so to be improved its proportionate share of such total amount.
F. Lien:
1. Lien Imposed: The amount so assessed shall be a lien upon such lot or parcel of land from the time of such assessment, and if such amount be not paid within thirty (30) days from and after the completion and acceptance of such work, it shall be the duty of the city clerk to make, sign, attest with the seal of the city and filed for record, a claim or lien therefor; and all subsequent purchasers, mortgagees or encumbrancers of such lot or parcel of land, shall take the same subject to such lien.
2. Foreclosure Of Lien: Such liens shall bear interest at the rate of eight percent (8%) per annum from the date of filing thereof until paid, and after such recording, may be sold and assigned to any person for its face value with interest and may be foreclosed at any time after such recording in the same manner now provided for the foreclosing of mortgages of real estate.
G. Destruction Of Building: In case any proposed improvement shall involve the destruction of any building or other structure, no action shall be taken until the same has been approved, by the appropriate official, on notice to the owners interested; and compensation shall be made to the owners of the property destroyed, and the amount thereof to be fixed by agreement or proceedings similar to condemnation proceedings by railroad companies. (Ord. 16, 4-8-1908)