Section
1 Improvement, definition of
2 Highway, definitions of
3 Highways; improvement of
4 Pavement improvement of highway, sidewalks and curbs; contracts; payment; lien; sale; deed
5 Improvement of highways; power to order; procedure; specifications of material; bond of contractor; advertisement for bids; power to accept or reject; no change of bids
6 Improvements-Contracts; signature by the city manager or his or her designee
7 Improvements-Limit of cost; assessment; deferred payments; interest; attorney’s fees
8 Improvement-Lists of owners; notice to owners; protests; procedures
9 Improvements-Ordinance fixing lien; partial payments; interest; release of lien; personal liability; joint ownership; sales under lien; ordinance; notice of lien; errors; effect of
10 Improvements-Suit by owner; fifteen days limitation; precedence in courts; defendants; suspension of improvements
11 Improvements-Omission of property from improvement; effect of
12 Improvements-On one side of highway; assessment of cost
13 Improvements-Correction of errors; invalid assessments; procedure to correct; reassessment
14 Improvements-Petition of sixty per cent of property owners; procedure; partial payments; interest; payment by city; assignment of deferred payments; street improvement fund
15 Improvements-Certificates, form of; executed by mayor; street improvement fund
16 Impoundments-Validation of old contracts
17 [Improvements-Alternative method]
The term “improvement,” when used in this Charter shall include the improvement of any street, avenue, alley, highway, public place or square, or portion thereof, in the city by filling, grading, raising, paving, repairing or otherwise improving the same in a permanent manner, or the construction or reconstruction of sidewalks, curbs and gutters, and other necessary appurtenances, including drains and culverts, and also the laying out, opening, narrowing, straightening or otherwise establishing, defining or locating streets, alleys, avenues, public places, squares or sidewalks. Said term shall also include any other permanent street improvement for a public benefit.
Subject to the terms hereof, the cost of such improvement may be paid wholly by the city or partly by the city and partly by owners of property abutting on such improvements and benefited thereby. But the whole cost of constructing any sidewalk or curb may be required to be paid by the owners of such abutting property, and the owner of any railroad or street railroad having any track or tracks, switch or turn-out in a highway ordered to be improved may be required to pay the whole cost of such improvement between the rails and tracks of said railroad or switch or turn-out, and two (2) feet on the outside thereof. The portion of the cost of such improvement payable by the owner of such railroad or street railroad, and all costs of collection, may be a special tax against and secured by lien upon the roadbed, ties, rails, fixtures, rights, and franchises of such railroad or street railroad and the owner thereof. After the execution of a contract by the city for any such improvement, the City Council may, by ordinance, levy a special assessment upon the roadbed, ties, rails, fixtures, rights and franchises of such railroads or street railroads for the portions of said cost payable by the owners thereof, which assessment shall be a lien on such property from the time of levy, prior and superior to all encumbrances thereon, except lawful taxes. Such assessment shall become due and delinquent as shall be specified by said ordinance, and if not paid as therein provided, shall be enforced as in the case of the collection of taxes under this Charter, by the advertisement and sale of the property rights and franchises levied on. The officer making said sale shall execute to the purchaser a deed similar to the one executed when property is sold for ad valorem taxes, and the recital of such deed that all legal prerequisites to the validity of said sale have been complied which shall be prima facie evidence of the truth thereof, and so accepted without further proof. Such tax and lien may also be enforced by suit in any court having jurisdiction.
(Ord. 25328-02-2022, § 2, 2-8-2022, approved 5-7-2022)
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