[Amended by L.L. No. 5-1975; L.L. No. 6-1975; L.L. No. 7-1975; L.L. No. 1-1976; L.L. No. 5-1977; L.L. No. 1-1983; L.L. No. 2-1983; L.L. No. 1-1986; L.L. No. 2-1986; L.L. No. 1-1988; 10-15-1991 by L.L. No. 6-1991]
A.
Bridges, streets and highways. The Common Council shall have the power to cause the making or repairing of any bridge or bridges, arch or arches over any stream or run of water in the City and to cause any street, highway, lane, alley or other public place or any part thereof to be graded, regraded, leveled, graveled, macadamized or remacadamized, paved or repaved and the expense thereof, and the expense of ordinary repairing and improvement of streets and highways shall be paid by the City at large.
B.
Sidewalks.
1.
Assessment for sidewalks.
a.
The Common Council may, by a 2/3 vote of all the Council persons in office, authorize or direct the construction or reconstruction of public sidewalks anywhere in the City, and said Common Council shall determine the type of materials to be used therein and the specifications therefor.
b.
In the event the Common Council mandates the construction or reconstruction of public sidewalks in conjunction with the construction or reconstruction of a public street or undertakes a stand-alone City-wide sidewalk replacement or construction capital improvement program, the cost thereof for said sidewalks shall be borne 50% by the City as a whole and 50% by the property benefited or the owner or owners thereof.
[Amended 4-7-1998 by L.L. No. 3-1998]
c.
In the event said Common Council mandates the reconstruction of a public sidewalk that has been uplifted or damaged by the root structure of a tree located within the City of Oneida highway or street right-of-way, the cost thereof for said sidewalks shall be borne 100% by the City as a whole.
[Added 3-16-2010 by L.L. No. 1-2010[1]]
d.
In all other cases, the cost of construction or reconstruction of a public sidewalk shall be borne 100% by the property benefited or owner or owners thereof.
e.
The owner or owners shall be billed for their portion of the said construction at the completion thereof. In the event they fail to pay the same within 30 days after billing, the same shall be certified by the City Engineer to the City Chamberlain who shall add such charge to the next general City taxes for said property, together with interest thereon, and collect the same in like manner unless said Common Council determines that the cost be paid over a period of years. In that event, the amount due each year shall be added to the taxes, together with interest thereon, as hereinafter set forth.
f.
That in the event said Common Council shall bond for such project, the rate of interest to be paid by the said property owner shall be the same as that upon the bond. If the Common Council determines that the cost of said improvement be paid over a period exceeding one year without bonding, then the rate Of interest to be paid by the owner shall be fixed and determined by said Common Council.
C.
Sanitary sewers. In the case of construction of sanitary sewers, and including also carrying connections to the curb, in the inside and outside tax district, the Common Council may by a 2/3 vote of all the Council members in office authorize such a project, whether initiated by a petition or upon its own motion. One hundred percent of the cost of the project shall be borne by local assessment on the basis of front footage abutting on the street or portion thereof benefited by the improvement or by the property benefited or by the owner or owners thereof, except that if a sanitary sewer or any part of the sanitary sewer system is designed or constructed to have a capacity or use in excess of that needed for the property to be benefited thereby, the Common Council with the advice of the City Engineer shall determine the additional expense, and such additional expense shall not be included in the special assessment to be assessed against the benefiting property but shall be borne by the City as a whole. The entire expense of replacing existing sanitary sewers shall be borne by the applicable sewer district, Kenwood Sanitary Sewer District or City of Oneida Sanitary Sewer District, except that the expense for replacement of sewer laterals from the main to the curb shall be borne 50% by the City as a whole and 50% by the property benefited.
D.
Storm sewers and street curbs. In case of construction of storm sewers or street curbs anywhere in the City, the Common Council may by a 2/3 vote of all the Council members in office authorize such a project. Fifty percent of the cost of the project shall be borne by the City as a whole and 50% by the property benefited or the owner or owners thereof, except that if a storm sewer or any part of the storm sewer system is designed or constructed to have a capacity or use in excess of that needed for the property to be benefited thereby, the Common Council, with the advice of the City Engineer, shall determine the additional expense, and such additional expense shall not be included in the special assessment to be assessed against the benefiting property but shall be borne by the City as a whole. The expense of replacing existing storm sewers or street curbs shall be borne by the City as a whole.
E.
Water mains and services. The Common Council may authorize the construction or extension of new water mains. Where done in the inside district, 50% of the total cost of the project shall be borne by the City from revenues received from the use of water and 50% thereof shall be borne by the benefiting property in such manner as the Common Council shall determine at the time of authorization of the project; where done in the outside district, 25% of the total cost of the project shall be so borne by the City from water revenues and 75% thereof shall be so borne by the benefiting property. However, all expenses associated with installation of new water services, whether in the inside or outside district, shall be borne by the benefiting property.
Where a main is reconstructed in both the inside and outside districts, all costs associated with the same and with the replacement of water services due to the reconstruction shall be borne by the City. |
F.
Consent in writing of owners to certain improvements. Before any expenditure is incurred in case of the construction of a sanitary or storm sewer or curbs, the consent in writing of the owners or more than 1/2 of the total foot frontage abutting on the streets or portion or portions thereof, in the case of storm sewers and curbs, and 1/2 the assessed valuation in the case of sanitary sewers, in which such improvement is to be made shall be filed with the Common Council or, in the absence of such consent, the Common Council may by a 2/3 vote of all of the Councilmen authorize such improvement.
G.
Exemption from costs of sanitary sewer, storm sewers and curbing.
1.
Sanitary sewers.
a.
In case of construction of sanitary sewers, the owner of any corner lot presently connected with the sanitary sewer system of the City and previously included in a sanitary sewer district shall be exempt from assessment, and such property shall be excluded from any assessment or assessment roll with respect to such sanitary sewer construction. This subdivision, however, does not apply to lots subdivided off of such corner lots and where no sanitary sewer has heretofore been constructed, nor does it prohibit any amendment to an existing sanitary sewer district to provide for changes in value or additional construction within said district.
b.
In case of construction of sanitary sewers assessed back on a front-foot basis, the owner of any corner lot in a sanitary sewer district where the construction of said sewer is constructed along more than one side thereof shall be assessed only on the front footage on the shortest side; provided, however, that in no event shall the assessment be based on less than 50% of all the front footage of said property on all of the sides in said district.
2.
Storm sewers and curbing. In case of construction of storm sewers or curbing, the owner of any corner lot shall be exempt from assessment and such property excluded from any assessment or assessment roll upon the side having the longest frontage up to a distance of 80 feet from the corner thereof. The exempt portion of such construction shall be included upon the assessment roll and the cost thereof borne by the City as a whole as a part of the City's share of such improvement, and such corner lot shall be charged for such improvement and included on said assessment roll only for the distance and amount on said street in excess of such 80 feet.
H.
Exemption from costs of sidewalks.
1.
Sidewalks. In case of construction of sidewalks, the owner of any corner lot shall be exempt from assessment and such property excluded from any assessment or assessment roll upon the side having the longest frontage up to a distance of 80 feet from the corner thereof. The exempt portion of such construction shall be included upon the assessment roll and the cost thereof borne by the City as a whole as a part of the City's share of such improvement, and such corner lot shall be charged for such improvement and included on said assessment roll only for the distance and amount on said street in excess of such 80 feet.