[1964 Charter Laws, § 13-11; N.Y. Laws 1898, ch.
258, § 1; N.Y. Laws 1904, ch. 481, § 1; L.L. No. 4-1989, § 2]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Includes the cleaning, sweeping and sprinkling of any street
and the removal and disposal of street cleanings and sweepings therefrom.
Includes any public road, avenue, lane, alley and public
highway within the City and the crosswalks in and upon the same. "Street"
does not include sidewalks in front of public or private property,
or the back of the curb.
[1964 Charter Laws, § 13-11; N.Y. Laws 1898, ch.
258, § 1; N.Y. Laws 1904, ch. 481, § 1; L.L. No. 4-1989, § 2]
The Common Council may establish and alter cleaning districts.
Such districts are for the purpose of payment of the expenses of cleaning.
[1964 Charter Laws, § 13-11; N.Y. Laws 1898, ch.
258, § 1; N.Y. Laws 1904, ch. 481, § 1; L.L. No. 4-1989, § 2]
(a)
The Common Council may contract for the cleaning of any paved street
upon such terms and for such period of time not exceeding five years.
Prior to the letting of any contract for the purpose of cleaning the
Common Council shall cause accurate specifications of the work proposed
to be done to be prepared by the City Engineer and filed with the
City Clerk. Public notice shall be given of the time and place at
which sealed proposals will be received for entering into such contracts,
which notice shall be published in the official newspaper for at least
three alternate days. No such contract shall be let until at least
10 days from the first publication thereof. The bids shall be sealed
and delivered to the City Clerk and produced by the City Clerk at
the time and place specified in the notice and shall be opened at
a meeting of the Common Council in the presence of the Common Council
by the Mayor or President of the Common Council.
(b)
No bid shall be considered unless it is accompanied by a bond with
sureties and in a penalty approved by the Common Council, conditioned
that if the bid is accepted the bidder will perform the contract at
the price and upon the terms proposed, according to the specifications
and subject to the supervision of the City Engineer and the approval
of the Common Council, and that the bidder will indemnify and save
harmless the City from any and all loss, costs or damages by reason
of, or in consequence of, the performance of the work, and that the
bidder will comply with any and all ordinances, rules and regulations
prescribed by law.
(c)
The Common Council may require the deposit by the bidder of a sum
not exceeding 25% and not less than 10% of the estimated cost of the
work to be done to secure the entering into the contract. The deposit
shall be either cash or a certified check. If the bidder to whom the
contract is awarded does not enter into the contract, the sum so deposited
shall be forfeited to the City and shall be credited by the Comptroller
to the street cleaning fund. Upon entering into the contract the deposit
may be held as security for the performance of the contracts. The
deposit shall be held by the Comptroller as a special trust. The deposit
shall be returned to the contractor with such further sum as the City
may have realized for the use thereof, when the Common Council certifies
that the contractor has fully completed the contract and that the
City has no further claim upon the deposit. If the contractor does
not perform the contract and it is declared abandoned by the Common
Council, then the deposit shall be forfeited to the City and paid
into the treasury and shall become a part of the street cleaning fund.
(d)
The Common Council may reject bids received and may advertise for
new bids. Except as otherwise provided, no contract shall be awarded
except to the lowest bidder with such adequate security and a deposit.
(e)
After any bid has been approved by the Common Council, if any taxpayer
of the City shall purpose in writing and tender bonds duly executed
and acknowledged in the form and manner required by this section to
do the work according to the specifications at an expense of at least
15% less than the approved bid, the contract shall be awarded to the
taxpayer upon compliance by the taxpayer with the conditions and entering
into the contract. The proposal and tender by the taxpayer shall be
filed with the City Clerk within 10 days after the bid has been approved.
If no such proposal and tender is made by any taxpayer or if the taxpayer
rejects or refuses to execute the contract, the Common Council by
a majority vote may accept the bid approved, enter into the contract,
and direct the expense thereof be provided for pursuant to the provisions
of this division.
[1964 Charter Laws, §§ 13-12, 13-13; N.Y.
Laws 1898, ch. 258, § 1; L.L. No. 4-1989, § 2]
(a)
There is created the street cleaning fund.
(b)
One-third of the annual expense of cleaning contracts and of cleaning
the paved streets, including the cleaning of the intersections of
such streets, shall be borne by the City and paid from the street
cleaning fund. The Common Council may levy and collect the same in
the annual budget and tax levy.
(c)
The moneys necessary to pay the City's cost of cleaning, together
with the interest on temporary loan bonds issued therefor, shall be
borne by the City and shall be raised by the Common Council in the
annual tax levy and shall be set apart to the street cleaning fund,
which shall be paid out by the City Comptroller only upon warrants
or drafts ordered by the Common Council and signed by the Mayor and
City Clerk in the same manner as other moneys expended by the Common
Council.
(d)
The Common Council may during the fiscal year issue temporary loan
bonds to anticipate not more than two-thirds of the estimated street
cleaning fund to be paid on or before January 1 next thereafter. The
loans shall be paid from the moneys in the fund.
[1964 Charter Laws, § 13-12; N.Y. Laws 1898, ch.
258, § 1; L.L. No. 4-1989, § 1]
(a)
The expenses incurred pursuant to the provisions of this division that are not borne by the City in accordance with Section 9.044 shall be paid by the property owners abutting the streets cleaned or the property owners located within the assessment districts.
(b)
On or before September 1 of each year the Common Council shall audit
and determine the amount thereof due and payable, or to become due
and payable within the fiscal year, the portions thereof to be paid
by the assessment districts. The amount shall be certified to the
Board of Assessors for action thereon as prescribed by law.
(c)
Such cleaning shall be a local improvement, and the assessment therefor
shall be a local assessment. The assessment roll prepared therefor
by the Board of Assessors shall be an assessment list within the meaning
of this Charter and the law creating the Board of Assessors. The provisions
of this Charter and the law creating the Board of Assessors shall
apply to and govern the local assessment and assessment list made
by the Board of Assessors for the local improvement unless otherwise
prescribed by this division.
(d)
The amount so certified shall be assessed by the Board of Assessors
upon the owners in proportion to their frontage upon the streets or
upon the streets within the assessment districts, and an assessment
list thereof prepared by the Board of Assessors as required by law.
Only one assessment list each year shall be required for all assessments
for street cleaning made during the fiscal year. The City Engineer
shall furnish to the Board of Assessors the measurements deemed necessary
to comply with this section. Upon the confirmation of the assessment
list the list shall be certified and delivered as prescribed by law
to the Comptroller who shall proceed to collect the same in the same
manner as in the collection of the City tax lists. No lands in the
City shall be exempt from the local improvement or local assessment,
and all assessments made to defray the expense of any local improvement
shall be liens upon the land upon which the assessment was made until
paid.
