In addition to any other duties set forth in this Act, the Department
of Public Works shall have full power and authority, and it shall
be its duty, to require the owner of property abutting upon a street
to repair any sidewalk in front thereof, or bring the same to true
grade and to remove all the snow and ice therefrom. Where the owner
of such property shall fail or neglect to repair any sidewalk or bring
the same to true grade for five (5) days after written notice so to
do has been served upon him, either personally or by delivering the
same at his residence, or if he be a nonresident, by mailing the same
to him at this last known place of residence, ascertained after due
diligence, by posting the same in a conspicuous place upon the premises,
or where the owner of any such premises shall fail or neglect to remove
snow and ice from any such sidewalk after the same has remained thereon
for more than twelve (12) hours, it shall be the duty of the Department
to repair such sidewalk, bring the same to true grade or remove such
snow and ice, and after it shall have been done so, a bill for the
expenses incurred thereby shall be presented to the owner personally
or by leaving the same at his residence, or if he is a nonresident,
by mailing the same to him at his last known place of residence, or,
if the name of such owner or his place of residence cannot be ascertained
after due diligence, by posting the same in a conspicuous place on
the premises, and if he shall fail to pay the same within ten (10)
days thereafter, the Department shall file each year immediately preceding
the time for making the annual assessment roll, a certificate of the
actual cost of the work, together with a statement as to the property
in front of which the grading or cleaning was done, with the Director
of Finance, who shall, in the preparation of the next assessment roll
for general city taxes, assess such amount upon such property, and
the same shall be levied, corrected, enforced and collected in the
same manner, by the same proceedings, at the same time, under the
same penalties and having the same lien, upon the property assessed,
as the general city tax and as a part thereof. The City of Norwich
assumes no liability for personal injury or property damage claims
arising as a result of defects in, or disrepair of, privately owned
sidewalks. Liability for personal injury, and/or personal property
claims, settlements, verdicts, awards or judgements shall lie exclusively
with the owner(s) of the premises abutting said sidewalk and/or any
occupants as tenants or otherwise if applicable.
The Department of Public Works, subject to the approval and
direction of the Common Council, is hereby authorized and empowered
at any time on any paved or unpaved streets upon which improvement
is contemplated, to compel the residents of any such streets and the
property owners whose lots front or abut thereon, to lay house connecting
drains, gas and water pipes, in the manner it shall provide, from
the line of curbing in front of their property on any street to the
sewer, gas and water mains or pipes, or either, connecting them therewith.
And whenever the residents or owners of said property fail to comply
with the regulations of the Department of Public Works pursuant to
the authority hereby conferred, the same shall be done by the Department
at the expense of such owners. Such expense shall be assessed upon
the real property so connected and added as a separate item to the
assessment for local improvements and collected by sale as herein
provided.
Whenever a petition shall be presented to the Common Council
signed by at least ten (10) resident taxpayers of the city requesting
that any highway, street or alley in said city be laid out, altered,
widened or extended, the said Common Council may in its discretion,
by resolution duly adopted, declare that it is necessary and advisable
to institute proceedings to lay out, alter, widen or extend such highway,
street or alley, and if for that purpose it shall be necessary to
acquire the lands or rights or easements in land of any person or
persons, corporation or association, the following proceedings shall
be had:
The said Common Council shall first cause same to be surveyed
and monuments placed showing the lines thereof and a map to be made
of the same, which shall be filed with the Clerk of said Council in
the office of said Council, showing upon such map the lots, tracts
and parcels of land, and the rights and easements therein that are
deemed necessary to be taken, and the commencement, course and termination
of the highway, street or alley proposed to be laid out, widened,
extended or altered. For the purpose of making such survey and erecting
such monuments the said council and those acting under its direction
shall have the power to enter upon, any lands within the corporate
limits of said city. The said Common Council shall then by resolution
duly adopted declare its intention to acquire or take and appropriate
in the name of such city the said lands or rights and easements therein
as shown by said map for the purpose of making such improvement; and
thereafter said Common Council may purchase of the owner or owners
thereof the said lands or rights or easements therein, deemed necessary
as shown by said map, and make such owner or owners such compensation
therefor as said Council shall deem reasonable upon the receiving
from the owner or owners a good a sufficient conveyance to the city
thereof. But the amount of such compensation shall not exceed the
sum of five hundred dollars ($500.) in the case of one (1) alteration,
extension or laying out. In case said Council is unable to agree with
the owner or owners of land or of the rights and easements therein
proposed to be taken and acquired for such purpose, or in case the
value thereof shall exceed the sum of five hundred dollars ($500.)
for any one (1) improvement, said Council may adopt a resolution giving
notice that at a future meeting of the Council they will consider
a proposed resolution determining a district of assessment for said
improvement, carefully describing the same, which district shall include
all the real estate in said city which in the opinion of the Council
will be benefited by the proposed improvement, which resolution shall
also describe the highway, street or alley as it is proposed to be
laid out or altered. They shall cause two (2) weeks' notice of
the time, when and place where such proposed resolution will be by
them considered, which notice shall be given by posting said notice
in at least three (3) conspicuous places in said district of assessment,
and by publication in the city newspaper once in each week for two
(2) successive weeks prior to the time fixed for the final consideration,
at which time all owners of property situate within said district
of assessment may appear and make such representation in relation
to the passage of said proposed resolution and in relation to the
district of assessment and to the necessity of improvement as they
may be advised. Upon the conclusion of such hearing the proposed resolution
may be adopted as proposed, or may be amended and adopted or may be
rejected by the Council; and the Council shall also have the power
at such meeting to abandon the proceeding to lay out, alter or extend
said highway.
In case such resolution is adopted, or amended and adopted,
the Council shall acquire said land or rights and easements therein
necessary for said improvement by adequate proceedings under the provisions
of the Condemnation Law of the state, and said city is hereby authorized
to acquire such land, rights and easements under said law or any future
Acts amendatory thereof, subject, however, to the provisions and limitations
of Sections 180 and 181 of the Highway Law.
The Clerk of the city shall deliver to said Commissioners a
certified copy of the resolution describing the proposed improvement
and the resolution describing the district of assessment; and it shall
thereupon by the duty of the Commissioners appointed, in addition
to the duties imposed upon them by the Condemnation Law, to assess
the amount which they shall award, together with the costs of the
condemnation proceedings, including the fees and disbursements and
the cost of surveying and mapping, specifying the aggregate amount
thereof, upon the property within the district of assessment benefited
by such improvement, in a just and equitable manner and as near as
may be in proportion to the benefits received, except that such Commission
may impose upon and assess to the city at large such part of the total
expense, not exceeding one-third (1/3), as to them seems just; and
full power is hereby given to such Commissioners to apportion, assess
and levy said total expense. Immediately after the Commissioners have
determined the amount which they shall award for the lands, rights
and interests therein to be taken, application shall be made to the
Supreme Court of the district by any of the parties in interest upon
due notice to all other parties appearing, for an order fixing the
amount of the costs of the proceeding. The costs herein referred to
are the costs as defined in the Condemnation Law. A certified copy
of such order shall thereupon be delivered to the Commissioners, and
the costs as therein fixed shall be used by the Commissioners in fixing
the total expense of the proceeding for assessment against the city
as a whole and the property in the zone of assessment as laid out.
It shall be the duty of the Commissioners to file a roll of
assessment, together with their return, in the office of the Clerk
of said city, immediately upon completing the same, and said several
assessments shall, be final, subject only to an appeal to the Supreme
Court in the manner prescribed by the code for appeals from the return
of Commissioners in condemnation proceedings, which appeal may be
either as to amount of award or assessment and shall be without costs
to either party, unless upon the appeal the Court determines in behalf
of the appellant that the award was insufficient or the assessment
was excessive by at least the sum of fifty dollars ($50.). The amount
of the assessment appearing upon the roll, as filed, shall until paid
be a lien and charge against the property prior to any and all liens,
other than prior taxes and local assessments, and shall also be an
assessment against the owner of said property; and said sum shall
be collected at the time of the next annual city tax from the owner
of said property in the same manner as other local assessments are
collected. Upon final determination of the amount to be awarded by
way of damages, the Council shall pay or cause to be tendered to the
respective owners the amount awarded to each, less any sum which shall
have been assessed against them for benefits accruing from the improvement.
In case any owner shall refuse the same, or shall be a nonresident
of the city, or shall be unknown, or shall for any reason be incapacitated
from receiving the same, or his rights thereto disputed, said Council
may make payment of that amount to the County Treasurer of the County
of Chenango, which money shall be held and paid out by the County
Treasurer as by statute provided in case of money paid to him in a
proceeding Surrogate's Court for the sale of real property to
pay debts. Upon the tender of payment to the owner, or, as above provided,
upon the payment to the County Treasurer, and forthwith in a case
where the assessment for betterments exceeds the award for damages,
the fee of the land or of the right and easement therein taken shall
be vested in the city. No highway, street or alley within the corporate
limits of the City of Norwich shall be laid out, altered, widened
or extended in any manner except as above provided, except that a
street may be dedicated, conveyed to and accepted by the city.
Whenever a petition shall be submitted to the Common Council
signed by a majority of the persons whose names appear on the last
preceding assessment roll of said city as having been assessed for
taxes on such roll on account of lands which in fact constitute in
the aggregate a majority of the linear frontage of the streets or
portions of streets involved in such petition, exclusive of lands
occupied by street intersections or owned by any municipality or school
district, or, in the case of the death of any such assessed person,
by his legal representative, or, in the case of the sale of any such
property after such assessment, signed by the then owner of such property
or of the portion thereof, or in case of a religious corporation not
assessed upon the last assessment roll, such petition may be signed
by the President of the Board of Trustees of said religious corporation
when authorized by a majority vote of said Board and the frontage
of said religious corporation shall then be considered in determining
the majority of the linear frontage, praying that the Common Council
shall cause any streets or portions thereof, which shall be designated
in said petition, to be paved, which petition may designate the general
character of the pavement desired and shall be duly verified by one
(1) of the petitioners, setting forth the facts as to the petitioners
and as to the lands on account of which they have been assessed, the
Common Council shall take the following proceedings:
The Common Council shall cause the Department of Public Works
to prepare plans, specifications and working details of such proposed
street improvement, which plans may include an appurtenant to such
pavement, storm-water drains and subways, together with the estimate
of the cost, which plans, specifications and estimate shall be filed
in the office of the Director of Finance of said city and be accessible
to the public at all business hours.
If after the filing of such plans, specifications and estimates
the Common Council shall deem it advisable or necessary to construct
the pavement therein set forth or any part of it, it shall, in a proposed
resolution, declare such necessity or advisability, stating in detail
the kind of materials proposed to be used, which shall not in general
character differ from that designated in the petition, method of construction,
estimate of maximum and minimum cost thereof, portion of the cost
to be borne by said city at large and by the adjacent owners, and
the location of the terminal points thereof, and shall cause to be
given two (2) weeks' notice of the time when and place where
such resolution will be considered by said Common Council for final
passage; which notice shall be given by publication in the official
newspaper published in said city, once a week for such two (2) successive
weeks prior to the time fixed for its consideration, at which time
all owners of property subject to assessment for the same may appear
and make such objections to the contemplated improvement and the passage
of the proposed resolution as they may be advised, and at such hearing
such resolution may be amended and adopted by said Council or adopted
as proposed, or rejected. In case the original petition shall not
designate the general character of the pavement desired by the petitioners,
a second petition signed by two-thirds (2/3) of the signers of the
original petition may be filed with the Common Council at any time
prior to the final hearing provided for in this section, which second
petition may designate the general character of the pavement to be
constructed, and upon the filing of such petition the final resolution
shall not provide for a pavement different in general character from
that designated in said petition, but in case no petition signed as
aforesaid designating the general character of the pavement desired
shall have been filed with the Common Council, they shall have full
power to designate the kind of pavement to be constructed.
After the adoption of the resolution above provided for, said
Common Council may order the construction of such pavement, and the
vote therefor shall be duly recorded and show whether the same was
made upon petition or upon the vote of Council without petition; and
in case of the construction of such pavement the Department of Public
Works shall take charge of and superintend the work.
In case the Mayor of said city and two-thirds (2/3) of the Aldermen
shall at any time vote for paving any street or portion thereof, the
Council may cause any street or streets or portion thereof to be paved
without the petition of the adjacent landowners; but in such case,
all other proceedings above set forth shall thereafter be taken in
the same manner as though a petition were made; and in such case,
said Council shall not cause such street to be paved except where
the same is contiguous to a pavement of the same character already
laid.
When the paving of any street in either manner above provided
for is ordered, the Council shall, in behalf of said city, either
direct the Department of Public Works to proceed with said construction
as provided in Section 33 or enter into a contract for the paving
without other authority, defraying the cost thereof either for the
entire work in one (1) contract or for parts thereof in separate specified
sections; but no work shall be done under such contract until a certified
copy thereof shall have been filed in the office of the City Clerk,
and no contract shall be made which involves the expenditure of a
larger sum than the maximum estimate aforesaid.
Each contractor shall give bonds to such city with surety to
be approved by the Common Council for the faithful performance of
said contract, as required by Section 33 of this Act. The contractor
shall agree to employ, so far as practicable, local laborers and truckers,
providing the same can be obtained at no greater expense that outside
labor.
Whenever paving has been ordered as above provided, the Common
Council shall have power to require in their discretion all such water,
gas, telephone, telegraph, electric light companies and corporations,
firms and persons as may have occasion to use such streets, to lay
such underground pipes, conduits and subways as said Council shall
deem proper between the curblines in such street prior to the permanent
improvement of such street, and whenever pavements have been made
they shall have the power to regulate the opening of such pavement
for the purpose of laying further pipes or for purpose of repair and
to fix the charges therefor and make all reasonable rules and regulations
in relation to the making of such openings. In case any such corporation,
companies, firms or individuals shall fail to lay any such underground
pipes, conduits or subways in the manner and within the time fixed
by said Common Council, the said Council may cause the same to be
made and assess the cost thereof against the corporations, companies,
firms or individuals owning or using the same, assess and collect
the same in the same manner hereinafter provided for the collection
of the frontage assessment.
In the event that any corporation, company, firm or individual
requests that a street be opened within a period of five (5) years
after the same has been paved, the corporation, company, firm or individual
shall pay to the city three (3) times the cost of opening said street.
The cost of such pavement shall be divided between the said
city at large and the owners of the frontage along the streets thus
paved, in the following proportions;
1. The adjacent landowners on each side of the street shall each pay
one-third (1/3) of the cost of the pavement in front of his premises
and shall also pay two-thirds (2/3) of the cost of any curbing, the
erection of which is deemed necessary by said Council.
2. Where two (2) intersecting streets are paved, the owner of the corner
lot shall, in addition to paying for the pavement of the street upon
which his premises front, pay for the paving and curbing in like manner
upon the side street, except that for the first eighty (80) feet of
said side street, he shall pay for one-sixth (1/6) of the pavement
and one-third (1/3) of the curbing.
3. All the remaining cost of such pavement and curbing, including the
cost of street intersections, engineering or incidental expenses,
not included in the contract of paving, shall be paid by the city
at large.
4. After curbs are constructed and paid for by property owners, then
the city is to keep them in repair.
For the purpose of defraying the cost to such city of so much
of such pavement as is chargeable to the city at large, said Common
Council may levy, assess and collect the sum of money required to
pay for the same or a portion thereof, in the usual manner taxes are
assessed, levied and collected.
An assessment roll shall be prepared by such Council at such
time as it shall deem best, which shall contain:
1. The names of the owners of the property fronting upon such street;
the name of the person or firm or corporation liable to assessment
as herein provided. In case the owner is unknown to the Common Council
and the property is unoccupied, then the same shall be entered upon
such roll in the same manner as nonresident lands are assessed for
general assessments.
2. The amount of the linear frontage to be taxed, specifying the streets
and describing such property with reasonable certainty.
3. The amount of such frontage tax.
4. The amount of any assessment for pipes, conduits or subways as provided
herein.
After the assessment and apportionment herein before provided
for shall be completed, same shall be duly certified by the Common
Council and the same or a copy thereof shall be left with the Director
of Finance and there remain for a period of two (2) weeks. The Common
Council shall thereupon give public notice thereof by posting the
same in at least three (3) public places in such city and by the publication
in the official newspaper of said city for at least once in each of
said two (2) weeks, stating that such assessment has been made and
completed and the officer to whom the same shall have been delivered
and the place where the same will be open for public inspection for
at least two (2) weeks thereafter. Any landowner who may feel aggrieved
by such apportionment and assessment may, before said two (2) weeks
shall expire, appeal therefrom to the County Judge of the county in
which said city is situated, by serving a notice of such appeal of
at least ten (10) days on the Mayor of said city; and the said County
Judge shall thereupon appoint three (3) disinterested freeholders
of said city, nonresidents of such area of local assessment, as Commissioners
to review such apportionment and assessment, who shall forthwith and
upon notice to such appellant and said Council examine the same and
the real estate upon which the same is made, and within three (3)
days after their said appointment, shall determine the assessment
thereof and return the same to said Council, and their determination
shall be final and conclusive and shall be adopted by said Common
Council. The fees of such Commissioners, not exceeding fifteen dollars
($15.) a day, shall be paid as an ordinary city expenditure in all
cases where said determination is in favor of the appellant in excess
of the sum of ten dollars ($10.); in all other cases the fees of such
Commissioners shall be paid by such appellant.
After the expiration of said two weeks, or in case of an appeal
as above provided for, after the expiration of the time within which
said Commissioners shall make their determination and the adoption
thereof by said Common Council, the Common Council shall again certify
said roll to be complete and shall deliver said assessment roll, together
with proper warrant, to the Director of Finance, and such Director
shall proceed to collect such taxes in the same manner as other city
taxes are collected by law. The dates when such taxes shall be made
payable shall be designated by such Common Council by resolution duly
passes and published.
In case the owner of any lands assessed for local taxation for
paving as provided shall desire to distribute the payment of his frontage
tax over a period of not exceeding five (5) years, instead of paying
the whole amount thereof at one (1) time, he shall apply therefor
to the Common Council, which may, in its discretion, make the tax
payable in not more than five (5) equal annual installments. If all
or part of the cost of such improvement which is being paid for by
such tax is financed from the proceeds of bonds, the installments
of such tax shall bear the same rate of interest as such bonds. Otherwise,
the Common Council shall fix the rate of interest on such installments.
The moneys received by the Director of Finance from the collection
of such tax or installments thereof shall be used in paying the cost
of such improvement for which the tax was levied and in paying the
portion of such obligations which shall have been applied to the financing
of the share of the cost of such improvement for which such tax was
levied.
In case the owner of any lands requests that the city construct
a sidewalk or curbs for said owner on said lands, the Common Council
may, in its discretion, assess the cost of said construction the same
as provided under Section 107 and Section 122 in this Act; and may
further, in its discretion, make the tax payable in not more than
five (5) equal annual installments for all new construction. The provisions
heretofore made in this section are to apply in relation to the rate
and collection of interest on said tax, as the Common Council may
provide. Nothing herein contained shall give authority to the city
for any construction upon private land.
In case the Common Council shall make any frontage tax payable
in installments, the installments and interest thereon shall be payable
at the same time that said general city taxes are to be paid; but
in case the person liable to pay an installment when the same shall,
by its terms become due and payable fail to pay the same, then the
whole of the unpaid balance and interest shall forthwith become due
and payable and collectible in the same manner as though by its terms
all have then become due.
All funds raised by said Council under the provisions of this
title shall be kept by the Director of Finance of said city in a separate
account, to be known as the Public Works Funds of such city; and no
portion of the same shall be used for any other purpose than to pay
for the public work involved.
Record shall be kept by the Clerk of said city of all petitions,
resolutions and other proceedings had under this title. All moneys
necessary to pay the cost of such pavement, or where bonds or other
evidence of indebtedness shall have been issued to defray such cost,
all moneys to pay the principal or interest of such bonds or other
obligations as the same from time to time mature, shall be raised
by such Common Council in the general tax levy in addition to other
funds which they are now authorized to raise by law.
This title shall be construed to apply to macadamizing, paving,
graveling or otherwise permanently improving the roadway of the streets
of said city, and whenever the word "paving" or "pavement" is used
herein, it shall be construed to have such meaning.
The provisions of this title shall not be deemed to limit the
right of the Common Council to join with the state or county authorities
in carrying out the provisions of law for the widening of the pavement
upon a state and county highway, but the same shall be done in accordance
with the provisions of the general statutes.
The Common Council shall have the power to require sidewalks,
curbs or gutters in said city to be constructed, made, paved, flagged,
relaid, reset, mended or repaired by the owners lands adjoining such
sidewalks, and to require any or either of such improvements, acts
or things to be made or done in such manner, at such times and of
such material as it may prescribe and direct. Such improvements shall
conform to the grades established or to be established before such
improvements are made, and a permit for said construction must be
obtained by the owners or their agents from the Department of Public
Works.
The Common Council, in the order requiring any of the improvements,
acts or things authorized by Section 117, shall specify in what manner
and within what time and of what materials the same must be made or
done. It shall cause to be served upon the owners of the lands adjoining
such sidewalks, curbs or gutters so to be improved, a copy of said
order with a notice that if the same is not done within the specified
time by the several owners of the adjacent lands, it will be done
by said Council at the expense of such owners. Such service shall
be made upon the owner by delivering the same to him personally or
by leaving the same, in his absence, with some member of his family
or person of suitable age, residing with him. In case the land is
unoccupied or the owner is a nonresident, such service may be made
upon the agent of such owner, if known to the Common Council, or by
depositing the same in the post office, properly enclosed and the
postage thereon prepaid, and directed to such owner at his place of
residence. In case such owner or his place of residence is unknown
and there is no resident agent to the knowledge of the Common Council,
such service may be made by affixing a copy of such order and notice
upon a conspicuous part of said premises. When corporations, associations
or copartners are to be served with a notice under any provision of
this title or under the direction of the Common Council, it shall
be deemed sufficient, valid and legal service of such notice to serve
a copy thereof upon the same persons as required by the service of
a summons as prescribed by the Civil Practice Act.
Whenever any real estate in said city shall be owned by two
(2) or more persons jointly or as tenants in common, a notice served
on one (1) of such persons shall be sufficient notice to all for any
purpose requiring notice under this Act or direction of the Common
Council. Affidavits of the service of such order shall be filed or
recorded, or both, in the office of the Finance Director of such city,
and the affidavit or the record thereof, or a certified copy of either,
shall, in all courts and places, actions and proceedings be prima
facie evidence of the facts stated therein. In case any such improvement,
act or thing so required shall not be made, done or completed as required
within the time so specified, the Common Council shall have the power
to make, do or complete the same, and having done so the Common Council
shall without giving any further notice proceed to make a special
assessment roll of the expense thereof against the delinquent owner
and upon said adjoining land owned by him, assessing upon each parcel
or lot of land the expense of the sidewalk, curb or gutter immediately
adjoining it and file the same with the Director of Finance, whereupon
the said Director shall give notice in the official newspaper of the
city that the same has been left with him and may be examined by all
persons interested; and that at the time and place to be specified
in the said notice, which shall not be less than ten (10) days from
the first publication thereof, the Common Council shall hear and act
upon the application of any person deeming himself aggrieved by said
special assessment, to have the same altered or corrected as may seem
just. After hearing all such applications the Common Council may proceed
to make such alterations and corrections, if any, in said special
assessment roll as it may deem just, and by resolutions confirm the
same. And said assessment shall thereupon become and be final and
conclusive upon all parties interested in said real estate or affected
thereby and the said assessment shall be collected in the manner and
with the fees prescribed for the collection of other local assessments
in this Act.
The Common Council shall have the power to adopt and execute
plans for sanitary sewers or storm drains of the city, and for any
extension to its present system and the maintenance and repairs thereof,
subject to the provisions of the general laws of the state and this
Act.
Whenever the Common Council shall deem it advisable and necessary
to build or extend any sanitary sewer within the city, it shall require
the Department of Public Works to prepare plans, specifications and
working details of such sewer construction or improvement and the
estimated maximum and minimum cost thereof, which plans and estimates
shall be filed in the office of the City Chamberlain and shall be
open to the public at all business hours. After such plans, specifications
and working details have been approved by the Common Council, it shall
then publish a notice in the city newspaper of the city once a week
for two (2) weeks, stating the time when the place where it will hear
all persons interested in the construction of the sanitary sewer,
and such notice shall contain a brief description of the character,
location and extent of the proposed improvement and the estimated
cost thereof. After such hearing the Common Council shall determine
whether the contemplated sewer shall be constructed and take action
by resolution accordingly. In case it shall determine that the same
shall be constructed, it shall record an order to that effect in its
minutes. When the improvement above provided for is ordered by the
Common Council, the Common Council shall enter into a contract for
the performance of such work without other authority or proceed as
prescribed by Section 33 of this Act.
The Common Council shall, in connection with the construction
of sanitary sewers and the extension and repair thereof, have the
same power in relation to water, storm drain, gas, telephone, telegraph,
electric light and all other connections as is given said Council
under the paving provisions of this Act.
The cost of such construction shall be divided between the city
at large and the owners of the frontage along the streets wherein
such improvements are made, upon the basis of the entire cost for
installing an eight-inch sewer in the same manner as is provided herein
for the assessment of the expense of paving, except that the owner
of a corner lot shall be exempt from any assessment upon the first
eighty (80) feet of the side of the said lot whenever he shall have
heretofore paid for the expense of laying a sanitary sewer in front
of his said lot; and in case the plans of the Department of Public
Works shall call for a sanitary sewer larger in diameter than eight
(8) inches, the additional expense shall be deemed a general city
charge. However, the entire cost for the installation and maintenance
of all sewer laterals connecting the main sewer line with the various
buildings shall be borne by the owner of the land or property being
serviced.
For the purpose of defraying the cost to such city of so much
of such work as is chargeable to the city at large, the Common Council
may levy, assess and collect the sum of money required to pay for
the same or a portion thereof, in the usual manner taxes are assessed,
levied and collected.
The amount of the cost of such construction as shall be assessed
against the owners of the property adjacent to such sanitary sewer
shall, until entirely paid, be a lien and charge against such adjacent
property prior to any and all other liens, other than prior taxes
and local assessments, and the same shall be collected from such adjacent
owners in the same manner as other city taxes are collected by law,
or in the case of non-assessable property, in the same manner as other
local assessments are collected by law.
An assessment roll shall be prepared by the Common Council at
such time as it shall deem best, which shall contain:
1. The name of the owner of the property fronting upon such street wherein
the sanitary sewer is laid. The name of the person or firm or corporation
liable to assessment under this title. In case the owner is unknown
to the Common Council and the property is unoccupied, then the same
shall be entered upon such roll in the same manner as nonresident
lands are assessed for general assessments.
2. The amount of the linear frontage to be taxed specifying the street
and describing such property with reasonable certainty.
3. The amount of such frontage tax.
4. The amount of any assessment for pipes, conduits or subways, as provided
herein.
After the assessment and apportionment hereinbefore provided
for shall be completed, same shall be duly certified by said Common
Council, and the same or a copy thereof shall be left with the Director
of Finance and there remain for a period of two (2) weeks. The Common
Council shall thereupon give public notice thereof by posting the
same in three (3) public places in such city and by the publication
in the official city newspaper for at least once in each of said two
(2) weeks, stating that such assessment has been made and completed
and the officer to whom the same shall have been delivered and the
place where the same will be open for public inspection for at least
two (2) weeks thereafter. Any landowner who may feel aggrieved by
such apportionment and assessment may, before said two (2) weeks shall
expire, appeal therefrom to the County Judge of the county in which
said city is situated, by serving a notice of such appeal of at least
ten (10) days on the Mayor of the city; and the said County Judge
shall thereupon appoint three (3) disinterested freeholders of said
city, nonresidents of such area of local assessment, as Commissioners
to review such apportionment and assessment, who shall forthwith and
upon notice to such appellant and said Council examine the same and
the real estate upon which the same is made, and within three (3)
days after their said appointment, shall determine the assessment
thereof and return the same to said Common Council, and their determination
shall be final and conclusive and shall be adopted by said Common
Council. The fees of such Commissioners, not exceeding fifteen dollars
($15.) a day, shall be paid as an ordinary city expenditure in all
cases where said determination is in favor of the appellant in excess
of the sum of ten dollars ($10.), in all other cases the fees of such
Commissioners shall be paid by such appellant.
After the expiration of said two (2) weeks as above provided
for, after the expiration of the time within which said Commissioners
shall make their determination, and the adoption thereof by said Common
Council, the Common Council shall again certify said roll to be complete
and shall deliver said assessment roll, together with proper warrant,
to the Director of Finance of said city, and such Director of Finance
shall proceed to collect such taxes in the same manner as other city
taxes are collected by law. The dates when such taxes shall be made
payable shall be designated by said Common Council by resolution duly
passed and published. Nothing herein contained shall be deemed to
repeal any existing provision of law with respect to the building
of lateral sewers for the convenience of private property or the expense
of the construction thereof.