The Council shall have power to pave, repave,
surface and resurface streets, highways and public places. It may
determine and provide that the entire cost of any such improvement
shall be a general City charge or it may determine and provide that
only a part thereof, which part, however, shall in no event be less
than 50% of the entire cost, shall be a general City charge and that
the balance be raised by assessment upon the abutting property or
owners.
Unless otherwise provided by the Council, any
such improvement shall include street intersections, the furnishing,
laying and setting of curbs, relaying of sidewalks to required grade,
grading the space between the sidewalk and curb and doing such other
work as is incidental or essential to the completed improvement.
A.
Council to make determination. The Council may at
any time designate any street, highway or public place, or any part
thereof, as one to be paved, repaved, surfaced or resurfaced, and
if it proposes that such improvement be made partly as a general City
charge and partly as a charge or expense upon the abutting property,
as herein provided, it shall direct that plans and specifications
for such proposed improvement be made.
B.
Hearing; apportionment of costs. After such plans
and specifications have been prepared and presented to the Council
it shall order a hearing thereon and, after such hearing, may determine
to make such improvement. It shall then fix the percentage of the
entire cost to be paid as a general City charge and the percentage
to be paid by assessment upon the abutting property or owner.
C.
Conclusiveness of determination. The determination
by the Council whether an improvement to a street, highway or public
place is a paving, repaving, surfacing or resurfacing within the contemplation
of this article shall be conclusive.
Such improvement may be done by contract or
by the City under the direction of the City Manager, as the Council
shall prescribe. If it is ordered done by contract, the City Manager
shall provide uniform terms and conditions for bidding, fix the security
to be given, advertise for sealed proposals, receive, open at the
time fixed, and tabulate such proposals and report them to the Council,
with such recommendation as he may have to make. The Council shall
designate the kind of improvement and the material to be used and,
if a satisfactory proposal is received, may direct the execution of
a contract for such improvement, in substantial accord with the plans
and specifications for the particular kind of improvement designated.
After completion of such work, upon the certificate
of the City Manager, the Council shall determine the entire cost of
such improvement.
After determining such entire cost, the Council
may direct that the part of such cost which is a general City charge
be paid from any budget appropriation for street improvement or such
part of the cost may be financed pursuant to the Local Finance Law.
The Council may also provide that any abutting owner liable for assessment
on account of such improvement be given an opportunity to pay his
or her proper share of such cost in advance of any issue of obligations
and thereby be relieved from subsequent assessment.[1]
[1]
Editor's Note: Original § 87, Bond
issue reserved, which immediately followed this section, was repealed
by L. 1943, c. 710.
If obligations are sold to defray all or part
of the expense of such improvement, the Council shall ascertain the
total amount of such bonds and interest until the last bond matures
and the amount thereof to be paid:
A.
By the owner. By the abutting property, excluding,
however, any property which may have paid its proper part in advance,
and order that such amount be assessed as a local improvement upon
such abutting property, according to linear foot frontage, as herein
provided for local improvements, and be paid in substantially equal
installments corresponding to the duration of the bonds;
B.
By the City. By the City, in case any part of the
City's share of such entire cost has been included in such bond issue,
and shall direct that such share be paid in the same number of substantially
equal installments, by including one such installment in each year's
tax budget thereafter until such issue is paid.
A.
Authority of Council. The Council shall have the power
to open, extend, widen and straighten streets, highways and public
lanes and to acquire necessary lands and rights therefor and to fix
and determine what percentage of the total cost thereof shall be a
general City charge and what percentage shall be assessed as a local
improvement upon real property benefited by such improvement.
B.
Apportionment of costs; hearing. When it is proposed
to make such improvement, the Council shall direct the preparation
of plans therefor. After the completion of such plans, if the cost
of such improvement, as determined, is to be paid in whole or in part
by local improvement assessment upon real property, it shall order
a hearing thereon. After such hearing, it may determine to make such
improvement and provide for the acquisition of necessary lands and
rights and for the performance of any necessary work in connection
therewith and shall fix and determine the percentage of cost to be
paid as a general City charge and the percentage to be paid by assessment
as for a local improvement upon real property according to the benefits
received.
C.
Determination of costs; financing; local assessments.
Upon the completion of such improvement, it shall determine the cost,
which cost may be financed pursuant to the Local Finance Law. The
Council shall direct the Assessor to assess the percentage of such
cost (which cost shall include the interest on any obligations issued
to finance such improvement) to be paid by assessment as for a local
improvement upon the real property benefited by such improvement as
near as may be in proportion to the benefits received and shall make
suitable provisions in the annual tax budgets for the payment of that
part of such cost as a general City charge.
A.
Authority of Council. The Council may at any time
it deems it advisable direct that new sidewalks, curbs and gutters,
or any of them, be laid on any street or part thereof pursuant to
plans and specifications therefor prepared and adopted, so as to make
a uniform improvement in said street.
B.
Public hearing; award of contract. Before determining
to make such improvement, the Council shall direct that a public hearing
be given upon such proposed improvement. After such public hearing,
it may determine to make such improvement either by contract or by
the City under the direction of the City Manager; if by contract,
the City Manager shall advertise for proposals and report, as herein
provided. After receipt of such proposals the Council may direct the
execution of a contract therefor.
C.
Determination of cost; financing; local assessment.
Upon the completion of such work, it shall, upon the report of the
City Manager, determine the cost thereof, which cost may be financed
pursuant to the Local Finance Law. The Council shall certify to the
Assessor the total cost of such improvement (which cost shall include
the interest on any obligations issued to finance such improvement)
and direct that the same be assessed as a local improvement upon the
abutting or adjoining property which has not paid its share of such
cost.
D.
Exemption. Notwithstanding the provisions of this Subsection D, or any provisions of the Auburn Municipal Code, where no continuous sidewalks exist on a street, any property owner desirous of installing a driveway on to their premises shall be exempt from installing a concrete sidewalk on a portion of the driveway as it would exist in the event that sidewalks were present on said street. The property owner desirous of installing said driveway shall obtain a permit from the City of Auburn Code Enforcement Office, and shall be responsible for the payment of any fee imposed thereon.
[Added 6-26-2008 by Ord. No. 9-2008]
A.
Authority of Council; performance of work by City
where owner fails to perform the same. The Council may require the
making, laying and grading of any sidewalk, street driveway between
the sidewalk and gutter, curb, or curb and gutter, and the relaying,
repairing and regrading of any unsightly, irregular, defective or
poorly drained sidewalk, street driveway, curb or gutter, by the owner
and occupant, or either, of any land in front of which it is desired
to make such improvement or repair and fix, determine and prescribe
the width and other dimensions thereof, the kind and quality of materials
to be used, and the width and length of the several pieces to compose
the same and provide that such improvement or repair be done within
a fixed time of not less than two weeks. In case such work or improvement
is not done within such time, it may cause the same to be done by
the City Manager.
B.
Determination of cost; hearing. Upon the completion
of such work the City Manager shall report the total cost thereof,
including the expense of serving any notices, advertising and all
other expenses connected therewith, and the Council, after notice
of hearing to the owner or occupant of such property on the matter
of such cost, shall determine such cost.
A.
Adding to tax roll. Upon the determination of the
cost of such improvement, the Council may direct that the total cost
be paid by the owner and, if not paid within 30 days, that it, with
1% per month additional, be added to the next installment of City
tax, and thereafter the same shall be, and be known as, tax, and shall
be collected in the same manner as any unpaid City tax.
B.
Alternative procedure; assessing as local improvement.
The Council may also provide that such cost be paid by assessment
as a local improvement, by directing that it be included with the
costs of like or similar improvements to other parcels of property,
and the City Treasurer may be reimbursed for such costs from the proceeds
of obligations issued pursuant to the Local Finance Law for such improvements.
The Council shall determine the total amount of such obligations with
interest to final maturity and other expenses and by resolution direct
the Assessor to assess such amount upon such various parcels as a
local improvement proportionately according to the cost of each improvement,
as determined by the Council.
The Council may by ordinance prescribe the manner
and method in which sidewalks, curbs and gutters, or any of them,
may be built, improved and repaired for abutting owners who desire
any such improvement done with the aid of the City and may provide,
by ordinance, for the determination of the cost upon completion, for
payment thereof and for the assessment of such cost and its proportionate
share of interest in any obligations issued and of any other expense
in connection therewith.
A.
The sewerage system of the City, as now laid out and
constituted, whether by law, ordinance or resolution, is continued,
with power in the Council to change, alter and amend any sewerage
improvement at any time.
B.
If the Council proposes to construct, build or rebuild
any sewer, drain or sewage treatment facility, or other improvements,
it shall cause plans and specifications therefor to be prepared and
filed in the office of the City Clerk. After such filing, and after
a public hearing thereon, it may determine to construct, build or
rebuild such sewer, drain or sewage treatment facility, or other improvement,
and cause the work to be done either by contract as herein provided
or by the City under the direction of the City Manager. Upon the completion
thereof, it shall, upon the certificate of the City Manager, determine
the cost, which may be financed pursuant to the Local Finance Law.
If the improvement is not entirely for the benefit
of the City at large, the Council shall fix the amount to be raised
by special assessment upon the property benefited and the amount,
if any, to be borne by the City and direct such assessment by the
Assessor as a local improvement according to benefits received.
[Added 10-30-1997 by L.L. No. 2-1997]
At the request of the property owner to build,
construct, reconstruct sewer laterals in need of repair from the main
to inside the structure situate thereon, to have such work or improvement
done by the City or by contract, to pay for the same from City funds
and assess such total costs against the property benefited and to
further provide that the cost of any such work or improvement be paid
at once or in annual installments as an assessment upon the real property
of said owner.
