Article 4 Streets and Street Improvements

City Charter Article

Section 9-401 Definition of "Improve" and "Improvement."

As used in this Article, the terms "improve" and "improvement" include all construction, reconstruction, grading, regrading, paving, repaving, surfacing, resurfacing, bettering and repairing roadways, bridges, trestles, means of access and egress, underpasses, overpasses, sidewalks, crosswalks, pedestrian ways, gutters, curbs, street drainage facilities and appurtenances therefor within any street. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]

Section 9-402 Improvement Procedure.

The Council hereby is authorized: to order from time to time all or part of the streets of the City to be improved; to determine the character, kind and extent of each improvement; to levy and collect an assessment upon all lots and parcels of land specially benefitted by the improvement to defray the whole or any portion of the cost; and to determine what lands are specially benefitted by the improvement and the amount to which each parcel or tract of land is benefitted. The procedural steps for an improvement shall be prescribed by ordinance. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]

Section 9-403 Remonstrances.

Street improvement procedures established by ordinance shall provide for mailed notice to the property owners within the proposed district of the Council's intention to improve any street, and an opportunity for the owners of the property within the proposed assessment district to make and file written objections or remonstrances against the proposed improvement. The period for filing of written objections or remonstrances shall be set by ordinance but shall not exceed sixty days from the date notice is mailed. If the owners of three-fifths or more in area of the property file objections, further proceedings in the making of such improvement are barred for a period of six (6) months unless the owners of one-half or more of the property affected subsequently petition therefor. If an objection, remonstrance or petition is signed by the agent or attorney of any property owner, the agent or attorney's authority to sign shall be filed with the Auditor within the time provided for the remonstrance or petition or the signature shall be disregarded. If objections or remonstrances legally signed by the owners of three-fifths of the property affected are not filed, the Council may order the improvement. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]

Section 9-404 Use of Earth.

When the Council by ordinance provides for making an improvement, the City may, at its option, remove, alter, dispose of or otherwise use all earth within the street lines for that improvement. [New sec. Nov. 3, 1992.]

Section 9-405 Completion of Work; Spread of Assessments.

When a street improvement is wholly or partially completed to the satisfaction of the City Engineer, the completed work may be accepted and property within the district assessed for the cost under procedures established by ordinance, with opportunity for objections to be heard. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]

Section 9-406 Improvement by Permit.

Whenever the grade of any street has been established, the Council may authorize any person to cut or fill the street in front of such property according to such grade, or to improve the same, or both, as the City Engineer may direct, at the expense of that person. This authority shall not be granted after notice has been given of the Council's intention to improve the street so long as the Council retains jurisdiction for the proposed improvement. In giving this authority, the Council may impose such terms and conditions as it may find appropriate. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]

Section 9-407 Sidewalk Improvements and Repairs; Duty of Owners.

Sidewalks may be improved either as a part of a general street improvement or by separate proceedings. The Council may determine the grade and width of all sidewalks, materials to be used and specifications for construction. It is the duty of all owners of land abutting any street in the City to construct, reconstruct and maintain in good repair the adjoining sidewalks. If the owner of any parcel of land allows an adjoining sidewalk to be out of repair, the City Engineer shall post notice on the property directing the owner, agent or occupant thereof immediately to repair it in accordance with City specifications. If the owner, agent or occupant of any parcel of land does not properly make the sidewalk repairs within the time designated in the notice, the City Engineer may make the repairs, keeping an account of the cost and reporting it to the Council with description of the parcel of land abutting the repaired sidewalk. The Council has the same general authority and supervision over sidewalk repairs as over street improvements. If the Council finds the costs reported by the City Engineer to be reasonable, it shall approve them and thereafter, at least once a year, by ordinance assess upon each of the parcels of land abutting repaired sidewalks, the cost of making the repairs with an additional overhead charge to defray the cost of notice, engineering and advertising. All such assessments may be combined in one assessment roll and they shall be entered in the docket of City liens and collected in the same manner as are other local improvement assessments. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]

Section 9-408 Damages for Negligence.

Owners of land within the City are liable for all damages resulting from their failure to put an adjoining sidewalk in repair after notice to repair as provided in this Article. No action shall be maintained against the City by or for any person injured because of any sidewalk defect. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]

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