[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.
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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.
Whenever the Common Council shall determine, pursuant to the
provision of this Charter or other law, to undertake a local improvement,
work or benefit, whether to be done by the City with its own employees
or by contract, the cost of which or part thereof is to be borne by
the abutting property or the property benefited or its owner or owners,
it shall adopt a resolution declaring its intention to undertake such
local improvement, work or benefit and shall specify in such resolution
the type of the improvement, a general description of the improvement,
including its estimated cost, the area or property deemed to be benefited,
and its intention to assess all or a portion of the cost against the
abutting property or the property benefited or owner or owners thereof
and the date, time and place of a public hearing to consider such
undertaking. The Common Council shall also direct the City Clerk to
publish a notice of the public hearing in the official newspaper at
least 10 days but not more than 30 days prior thereto or cause to
be served personally on all persons who may be liable to assessment
for such improvement with a notice of the public hearing within the
stated period of time as aforesaid. Personal service on one of the
owners of jointly held property shall be deemed to be service on all
such other owner or owners thereof.
At the date, time and place specified in the notice of public
hearing, the Common Council shall meet and shall hear any persons
who wish to be heard on the proposed improvement. The Common Council
may adjourn from time to time to complete such hearing.
After such hearing, the Common Council shall determine whether
or not to undertake the local improvement. The Common Council may
make such changes, additions or omissions as it deems proper in the
proposed local improvement without the necessity of a further hearing
and may by resolution direct the undertaking of said local improvement
either by City forces or by contract.
The Common Council shall, in its resolution authorizing and
directing the undertaking of said local improvement, state the estimated
cost thereof and establish the manner or method of determining the
proportionate share of all or part of the cost to be borne by the
abutting property or the property benefited or by the owner or owners
thereof, and the portion or share thereof to be borne by the corporation
tax district or the City as a whole.
When work of any local improvement has been completed, the Common
Council shall assess the cost and expense reasonably incidental to
and a part of the local improvement, including but not limited to
surveying, advertising, inspection, interest, legal and other professional
services and assessment of such local improvement, upon the abutting
property or the property benefited or the owner or owners thereof.
It shall cause a report of assessment to be made by the City Engineer
or other City official in charge of the local improvement project.
The report of assessment shall be certified by the appropriate City
official as to the total cost of such improvement, the part of the
total cost of the improvement to be borne by the corporation tax district
or the City as a whole, the amount to be assessed against the abutting
property or the property benefited or the owner or owners thereof,
with the exception of the property which may already have paid its
proper share of such improvement, together with a brief description
of each parcel to be assessed including its number and name of the
last known owner, in accordance with the resolution of the Common
Council authorizing and directing the undertaking of said local improvement.
Upon receipt of the report of assessment, the Common Council
shall cause the same to be filed in the office of the City Clerk and
the City Clerk shall be directed to give notice in the official newspapers
of the filing of the report of assessment and that the same will remain
in the City Clerk's office for 30 days from the date of said notice,
during which time any person interested may examine such report. The
notice shall also specify the date, time and place of a public hearing
thereon and shall be published at least twice in the official newspapers
of the City. The first notice shall be published at least 30 days
prior to the public hearing. The second notice shall be published
at least five days and not more than 10 days prior to the public hearing.
The City Clerk shall, so far as practicable, cause notice to be mailed
to each person or persons appearing on such report as the owner of
one of the parcels at the time of first publication, but failure to
mail or receive such notice shall in no way invalidate or affect the
assessment.
Upon such hearing, the Common Council shall hear the objections
of the interested parties and may adjourn from time to time to complete
such hearing. The Common Council may alter and amend the said report
in its discretion. When the Common Council shall deem the report of
assessment to be final and correct, it shall confirm the same by resolution.
Upon the confirmation of the report of assessment, the amount
assessed against each parcel of real property shall become and be
a first lien upon such parcel of real property until fully paid. Every
such assessment shall be collected and enforced by the City Chamberlain
in the same manner as City taxes are collected, and as hereinafter
provided, and the amount thereof shall be expended only for the purpose
of paying for such improvement or repaying money borrowed on account
of same. Any surplus, however, remaining after paying for such improvement
or repaying money borrowed on account of the same shall be paid into
the general fund of the City or of the corporation tax district, depending
on whether the City as a whole or the corporation tax district paid
any share of the improvement.
In case the work shall be the construction of a sewer or curbs
or the construction of water laterals or mains, upon the making and
delivery to the City Chamberlain of the report of assessment as provided
in this Charter and giving notice by publication thereof at least
once in the official newspaper that the City Chamberlain will receive
said assessments for 30 days from the date of the publication of such
notice, the City Chamberlain shall receive said assessments without
fees. Upon the expiration of said 30 days, the City Chamberlain shall
certify to the Common Council the whole amount unpaid upon said assessments,
and thereupon, the Common Council shall determine the number of equal
annual installments in which such assessments be made payable; which
for the construction of sewers, the number of equal annual installments
shall not exceed 20, and for construction of water laterals or mains,
the number of annual installments shall not exceed 40. If bonds are
issued to finance all or part of such improvement, such assessment
shall bear the same rate of interest as such bonds. Otherwise, the
Common Council shall fix the rate of interest on such installments.
Interest on such installments shall be computed from the date of filing
the report of assessment with the City Chamberlain; the first annual
installment with interest for the full year to become due on the first
day of December next succeeding the date on which such assessments
were made payable in installments, and like annual payment with interest
to become due on the first day of December of each year thereafter
until all the installments are paid; and such installments shall be
subject to the said penalties and all provisions for the enforcement
and collection of assessments as hereinabove provided. In the event
of any such annual installment not being paid within 10 days after
the same shall become due, the amount thereof shall be placed on the
next City tax roll and shall be added to the amount assessed against
such land for the next general City tax and shall be collected in
the same manner as general City taxes as provided in this Charter.
No action or proceeding to set aside, cancel or annul any assessment
made under the provisions of this Charter shall be maintained by any
person, unless such action or proceeding shall have been commenced
within 30 days after the delivery of the report of assessment to the
City Chamberlain or unless within said 30 days an injunction shall
have been procured by such person, from a court of competent jurisdiction,
restraining the Common Council from issuing obligations for such improvement.
[Amended by L.L. No. 3-1983]
The Common Council shall have the power to create and establish
downtown improvement districts or business area improvement districts
to construct and build public improvements and/or the renovation of
existing structures; and to provide advice and assistance to the owners
of property within said improvements to acquire funding for improvements
to property within said districts; and to provide promotional and
other programs and assistance to implement the district and its goals.
Either upon the petition of the owners of 50% of the assessed
evaluation within a proposed district or upon its own motion by a
vote of 2/3 of the total voting strength of the Common Council, the
Common Council may create and establish a downtown improvement district
or business area improvement district and construct local improvements,
work or benefits within said district. Notwithstanding anything to
the contrary in this Charter contained, the Common Council shall determine
the improvements, work or benefit to be constructed within said district
and assess the cost thereof on an ad valorem basis against the property
benefited or its owner or owners in such proportions as shall be determined
by it. Adjustments may be made annually based upon any changes in
assessments within said district.
Notwithstanding anything to the contrary in this Charter contained, the procedure for the creation, construction, assessment and financing of the said improvements within said district shall be as set forth in Sections 6.2, 6.3, 6.4, 6.5 and 6.6 of this Charter, except that the determination of the manner, proportions and duration of financing of the said improvements shall be fixed and determined by the Common Council, subject only to the limitations set forth in the Local Finance Law; and except further that assessments may be imposed and collected prior to the completion of the public improvement, work or benefit. In the event of the imposition and collection of assessments prior to said completion, any necessary adjustments shall be made upon the hearing and final assessment roll after the completion of the public improvement, work or benefit.
[Amended 7-16-1985 by L.L. No. 2-1985]
In the construction and/or reconstruction of any City street
where a substantial change in the existing grade of the street is
made, such change making necessary the re-establishment of an existing
entrance or approach to private lands, the Common Council may, upon
the consent and agreement of the abutting property owner affected,
cause the re-establishment of the entrance, approach or driveway to
be adjusted to the new grade, and the cost thereof shall be a City
charge.
In such adjustment the details of the work shall be determined
by the City Engineer and proposed to the Common Council. Upon consent
of the Common Council, it shall be proposed to the property owner.
The City shall not be liable for the maintenance of such adjusted
and re-establishment approaches or driveways beyond the outside of
the curb or road shoulder nor shall it be liable for damages in connection
therewith after the completion of such adjustment work and shall enter
into a written agreement between the City and the property owner prior
to undertaking the same.
