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(a) Construction. Sidewalks, except crosswalks, and driveway approaches shall be built and maintained by the owners of platted lands within the City in the public streets adjacent to and abutting upon such lots and premises according to plans and specifications approved by the City Engineer.
(b) Initiatory Resolution. When, in the opinion of Council, any sidewalk or driveway approach needs to be constructed, rebuilt or repaired, it shall, by resolution, direct the Manager to prepare a report, with the assistance of the Engineer, containing any information Council may request concerning such work.
(c) Plans and Specifications. The Manager shall request the Engineer to prepare or cause to be prepared plans and specifications of the work to be done, a schedule of the lands affected and such other information as Council may have requested.
(d) Report of Manager. The Manager shall prepare his or her report and include in it a schedule of all property affected by the work proposed to be done, pertinent information on such parcels as are owned by public authorities, and such other information as Council may have requested, and shall present it to Council along with the plans and specifications of the Engineer, together with his or her recommendation as to what part, if any, should be a general obligation of the City, the number of installments in which the assessment should be spread and the lands which should be included in the special assessment district.
(e) Alternate Procedure. When, in the opinion of the Manager, any sidewalk or driveway approach needs to be constructed, rebuilt or repaired, he or she may request the Engineer to prepare or cause to be prepared plans and specifications of the work needed to be done and a schedule of the lands affected and the Manager shall submit such information, along with his or her report and recommendations, to Council, in the same manner as though Council had requested it.
(f) Resolution of Determination. After reviewing the plans and specifications and the report of the Manager, Council shall, if it so desires, determine, by resolution, that the work be done, setting forth the details concerning it, prescribe a form of notice and direct the Clerk to give such notice by first class mail to the owner of each lot or parcel of land affected thereby at his or her address or the address shown on the last tax roll of the City or by publication at least once in a newspaper of general circulation in the City, to be designated by Council or by posting notice thereof for the same length of time in three public places within the City.
(g) Contents of Notice. The notice shall specify the extent of the work to be done, describe the property affected by the work, require the owner to perform the work promptly in accordance with the plans and specifications of the Engineer and designate a time within which the same shall be done.
(h) Work Done by City. If, at the expiration of the time limit specified in the notice, within which the work must be done, the owner has not complied with the requirements thereof, Council shall, by resolution, order such sidewalk or driveway approach to be constructed, rebuilt or repaired under the direction of the Manager by the proper department or agency of the City, or may do the work by contract or by hire.
(i) Manager's Duties. The Manager shall take all steps necessary to carry out the direction of Council in performing the work ordered, shall keep, or cause to be kept, an accurate record of all expense in connection therewith and, upon completion of the work to be performed, shall submit a report of the work done, and of all expenses in connection therewith, to Council.
(j) Assessment of Costs. Council shall, by resolution, after examination of the Manager's report, determine what amount or part of each such expense shall be charged, the person, if known, against whom such charge shall be assessed, and the premises upon which the same shall be levied as a special assessment. By such resolution, Council shall determine the number of installments in which the assessment may be paid, determine the rate of interest to be charged on installments, not to exceed six percent per year, designate the district or land and premises upon which special assessments shall be levied, direct the Assessor to prepare a special assessment roll in accordance with Council's determination, and designate the name by which the assessment roll shall be known and referred to.
(k) Special Assessment Roll. The Assessor shall thereupon prepare a special assessment roll including all lots and parcels of land within the special assessment district designated by Council and shall assess to each such lot or parcel of land such sums as may have been directed by Council.
(l) Certificate of Assessor. When the Assessor has completed such assessment roll, he or she shall attach thereto and endorse thereon his or her certificate to the effect that such roll has been made by him or her pursuant to a resolution of Council, giving the date of adoption of the same, and that in making the assessments therein the Assessor has, as near as may be, according to his or her best judgment, conformed in all respects to the directions contained in such resolution, the City Charter and this chapter. Thereupon, the Assessor shall file the special assessment roll with the Clerk who shall present the same to Council.
(m) Notice of Hearing on Roll. Upon receipt of such special assessment roll, Council shall order it filed in the office of the Clerk for public examination and shall, by resolution, fix the time and place when Council will meet and review such roll, which meeting shall be held not less than one week after notice thereof, specifying the purpose, time and place, has been given by first class mail to the owner of each lot or parcel of land affected thereby at his or her address or the address shown on the last tax roll of the City, or by publication at least once in a newspaper of general circulation in the City, to be designated by Council, or by posting notice thereof for the same length of time in three public places within the City.
(n) Hearing on Objections. Council shall meet and review the special assessment roll at the time and place appointed or at an adjourned date therefor and shall consider any written objections thereto.
(o) Corrections and Changes. Council may correct the roll as to any assessment or description of any lot or parcel of land or other errors appearing therein. Any changes made in such roll shall be noted in the Council minutes.
(p) Confirmation of Roll. After such hearing, Council shall confirm such special assessment roll with such corrections as may have been made and the Clerk shall endorse the date of confirmation thereon. Upon confirmation, such roll shall be final and conclusive.
(q) Alternate Proceeding Under Improvement Procedure. Council may, if it so desires, disregard the proceedings under this section and proceed entirely under Section 218.03, either as an individual improvement program or in conjunction with any other improvement program.
(Ord. 6-A-1. Passed 6-15-65; Ord. 2009-06. Passed 4-21-09.)