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Where a thoroughfare is dedicated, but not accepted, the abutting owners may secure public improvements therein otherwise than by the ordinary method of legislation and assessment, provided all of the owners of the taxable frontage petition for the same improvements.
(Ord. 1171. Passed 3-6-1916.)
The interested property owners may make their own contracts, in a form similar to that used by the City, for the construction of public improvements, and pay direct to the contractor or others furnishing material or doing work for the purpose of making the proposed improvements.
The plan for the proposed improvements shall be made or approved by the City Engineer, the Director of Public Works and Council. The City specifications shall in all respects govern all construction work and the work shall be done under City supervision and inspection. The work shall be completed within the time specified by the City Engineer and stated in the bond to be furnished as hereinafter mentioned. The contract shall provide that upon failure to complete the work in the time specified, the Director of Public Works may proceed to complete the work in accordance with the specifications and the terms of the contract relating to forfeiture of work due to improper work or delay.
(Ord. 1171. Passed 3-6-16.)
A deposit of ten percent of the cost of the work as estimated by the City Engineer shall be deposited with the Director of Finance in advance of beginning such work and, should it become necessary, so much of such deposit as may be required shall be used by the City in order that all of the requirements of inspection of the work by the City can be properly complied with.
The cost of City inspection shall be paid by the interested property owners and an amount of money estimated by the City Engineer for such purpose shall be deposited in advance with the Director of Finance. (Ord. 1171. Passed 3-6-16.)
The Director of Public Works shall be furnished by the interested property owners with a copy of the plans, specifications and contracts for the improvements and all necessary data for all engineering work necessary in connection with the construction work. An approved surety bond, acceptable to the Director of Public Works, in an amount fixed by the Director but not less than one thousand dollars ($1,000) in any event, must be furnished to the City conditioned to indemnify and save harmless the City from any and all actions or any damage, injury or loss resulting from the construction of such improvements, either to the City or to any other person or property, of such character that the City is liable therefor, and for the payment of all just and lawful claims for labor performed upon and for materials and machinery furnished for the work specified. (Ord. 1171. Passed 3-6-16.)
Upon application, the Director of Public Works, being satisfied that all of the following requirements have been complied with, shall issue a permit authorizing the construction of such public improvement. Should the interested property owners not desire to make their own contracts, a resolution shall be passed by Council authorizing the Director of Public Works to construct such public improvements in accordance with the plans prepared and approved as aforesaid.
Following the passage of such resolution, the construction work shall be duly advertised and let according to law and the work done as provided for in the specifications. An amount of money sufficient to cover the costs of the work as estimated by the City Engineer shall be deposited with the Director of Finance in advance of the publication of the advertisement for such work. (Ord. 1171. Passed 3-6-16.)
All engineering work and inspection necessary in connection with the construction work in such thoroughfare shall be charged as a part of the cost of such improvement, the same as is done in construction work in accepted thoroughfares.
(Ord. 1171. Passed 3-6-16.)
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