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A. The City may, from time to time and at the City's discretion, order the construction, repair or replacement of curbs and gutters for any property within the City's jurisdiction. The City has the full authority to choose which curb and gutter projects should be constructed, repaired or replaced, and which projects shall not. The Mayor and the Public Works Director have the authority to make recommendations to the City Council which projects should be approved for construction, repair and replacement. The City Council shall vote on these suggested projects. After the vote, and if a project is approved, the City Council shall give thirty (30) days' notice to every affected property owner before construction, repair or replacement begins. During this 30-day period, the property owners may seek to construct, repair, or replace the curb and gutter on their own.
B. If the property owners do not construct, repair or replace the curb and gutter within thirty (30) days, the City shall cause such construction, repair or replacement. The property owner(s) shall bear one-half (1/2) the cost of the construction, repair or replacement of any curb or gutter as ordered by the City, but no cost of engineering. If the project affects more than one property, the cost of the one-half (1/2) shall be assessed pro-rata to the property owners by the amount of linear feet of property owned by each property owner. The City will pay the other half of the cost construction, repair or replacement. However, if the City is ordering a major change in the direction and flow of water, then the City shall pay the full cost of the construction, repair or replacement, including engineering costs. The property owners will not be responsible for the cost related to the curb and gutter construction, repair or replacement of radius at street intersections, including handicap accesses, or alley approaches.
C. In accordance with State law, the City may accept installment payments for the cost of the one-half (1/2) from the property owner(s) over a term not to exceed twenty (20) years. The assessments must be made payable in equal semi-annual installments of principal, with interest on the unpaid installments, just as if the project was part of a special improvement district. The Mayor, Public Works Director, and Finance Officer are authorized to negotiate the terms of these installment payment agreements.
D. Subsections A, B and C of this section may not apply to new annexations, new subdivisions, new additions, or new construction or new developments of existing property within the City limits. If the construction of new curbs and gutters is part of a new annexation, subdivision, addition or other similar new development, then the City may order that the property owner bear the full cost of the construction of new curbs and gutters as part of the annexation, subdivision, addition, or similar planning agreement. (Ord. 2018-09, 7-3-2018)