[CC 1999 §23-26; Ord. No. 95-62, 6-12-1995]
A. It shall
be the responsibility of each owner of real property within the City
of Chillicothe to construct, maintain, repair and replace the public
sidewalks, curbs and gutters adjacent to such property in good repair
and a safe condition and in accordance with the requirements of this
Article.
B. It shall
be unlawful to construct, maintain, repair, remove or replace any
sidewalk, curb or gutter within the City except in strict conformity
to the requirements of this Article.
[CC 1999 §23-27; Ord. No. 95-62, 6-12-1995]
All maintenance and repair of public streets, alleys, sidewalks,
curbs and gutters and other public ways shall be under the supervision
of the City Engineer or, in his/her absence, the Street Superintendent.
Such official is hereby authorized to enforce this Article by appropriate
proceedings.
[CC 1999 §23-28; Ord. No. 95-62, 6-12-1995]
A. No shade
trees shall be planted by an adjoining lot owner on the curb side
of the sidewalk except such trees as are named on a list thereof to
be adopted by the City Council from time to time by resolution. Any
property owner who plants an unapproved variety of tree shall bear
the cost of removal of such tree.
B. All porch
and awning posts shall be set on the lot side of the sidewalk.
[CC 1999 §23-29; Ord. No. 95-62, 6-12-1995]
The City Council may cause sidewalks and curbs and gutters,
as well as other City-owned rights-of-way within the City, to be periodically
inspected by such person as may be designated from time to time by
the City Engineer or Street Superintendent. A written report of the
results shall be submitted to the City Council for their consideration.
[CC 1999 §23-30; Ord. No. 95-62, 6-12-1995]
Every City Officer and employee becoming cognizant of any defect
in any street, alley or sidewalk or any obstruction thereof should
report the same to the City Engineer or Street Superintendent as soon
as possible.
[CC 1999 §23-31; Ord. No. 95-62, 6-12-1995]
It shall be unlawful to cause, create, construct or maintain
any obstruction of any street, alley, sidewalk or other public way,
including any building or structure which encroaches upon any sidewalk,
public street or other public property and also including any opening
or stairway in any sidewalk or other public area, without a permit
therefor from the City Council, except as may be permitted specifically
by ordinance.
[CC 1999 §23-32; Ord. No. 95-62, 6-12-1995; Ord. No.
2001-13 §3, 2-12-2001]
A. It shall
be unlawful to deposit on any public sidewalk, curb or gutter any
material which may be harmful to the pavement or any waste material
or any glass or other articles which might cause injury to persons,
animals or property.
B. Every
owner, every lessee, firm and/or corporation who has any sidewalk
on their property shall be responsible, at their expense, to keep
said sidewalk clean and in a safe condition.
C. The owner
and occupant of any lot or tract within the City shall be mutually
responsible and obligated to keep the gutter and sidewalk in front
of such lot or tract clear of mud, dirt, snow, ice, trash and other
objects.
[CC 1999 §23-33; Ord. No. 95-62, 6-12-1995]
A. The public
streets in the City of Chillicothe, when not otherwise specifically
provided for, are hereby dedicated to the uses as follows:
1. A strip
ten (10) feet in width on each curb side of every street is reserved
for use as a sidewalk.
2. A strip
of two and one-half (2½) feet in width within the curb of the
street is reserved for guttering and storm sewers.
3. The
remaining portion of the street is reserved for vehicular traffic.
4. The
City Council may dedicate or order certain parts of streets to be
used for park purposes.
[CC 1999 §23-34; Ord. No. 95-62, 6-12-1995]
It shall be unlawful to walk upon or drive any vehicle or animal
upon or injure any newly laid street or sidewalk pavement while the
same is guarded by a warning sign or barricade or knowingly to injure
any soft or newly laid pavement.
[CC 1999 §23-35; Ord. No. 95-62, 6-12-1995]
A. Except
as set forth in this Article, all sidewalks, curbs and gutters shall
be constructed, reconstructed or repaired at the sole expense of the
owner of the lot or tract fronting or abutting thereon by voluntary
payment or by the levy of a special assessment against such lot in
proportion to the front foot thereof, including the extension of curbs
and sidewalks to the curb lines each way on corner lots and in conformity
with all applicable ordinances.
B. The City
may pay a portion of the cost of construction, reconstruction or repair
of sidewalks as follows:
2. Such
part of the cost of sidewalks along arterial or collector streets
as the City Council deems appropriate; and
3. Such
part of the cost in commercial zones as the City Council deems appropriate.
[CC 1999 §23-36; Ord. No. 95-62, 6-12-1995]
A. All sidewalks,
curbs and gutters constructed within the City shall conform to the
following specifications:
1. Cement. All cement used in a concrete sidewalk shall be
of a good grade of standard Portland cement which will pass the standard
test specified by the American Society for Testing Materials or the
standard test required by the State Highway Department. Any cement
failing to meet either of these tests shall be removed from the work
and not used in any part thereof.
2. Concrete. The concrete mixture shall be a minimum of six
(6) sack mix meeting Class B requirements per Missouri State Highway
Department standard specifications.
3. Subgrade. The area in which a sidewalk is to be constructed
shall be excavated or filled so that the subgrade shall be a true
plane which is parallel with, eight (8) inches below or as approved
by the City Engineer, Street Superintendent or his/her designee and
in true conformity with the established sidewalk grade as fixed by
such official.
4. Foundation. The sidewalk foundation shall consist of a level
bed of clean tailings, crushed rock or river or bank gravel deposited
on the subgrade.
5. Finish course. The sidewalk shall consist of a layer of
Class B concrete, a minimum of four (4) inches thick, being floated,
troweled, edged and broom finished.
6. Dimensions. Sidewalks shall be four (4) feet in width, unless
otherwise approved in the plans and specifications submitted to the
City Engineer or other designated official.
7. Expansion and construction joints. The beginning of each
new section or the tie in of any old and new section shall be separated
by an expansion joint. Runs of sidewalk poured in lengths exceeding
eight (8) feet shall have construction joints sawed a minimum of one-quarter
(¼) of the thickness of the concrete every six (6) feet. Such
joints shall be placed at right angles to the linear dimensions of
the sidewalk and be sawed into newly poured concrete no later than
forty-eight (48) hours from the time of the pour.
8. Driveways. Where driveways are necessary across a sidewalk
area, the driveway shall be built, in all respects, in the manner
above described for sidewalks, except that the thickness of the concrete
shall be six (6) inches, shall be finished with a longitudinal groove
or corrugation providing a good traffic surface and shall be reinforced
with wire mesh or other material approved by the City.
9. Protection and curing. After the construction of the sidewalk
as specified above, the work shall be protected from damage by vehicles,
pedestrians, animals or other cause that might damage the surface
of the concrete and the sidewalk shall be kept thoroughly wet and
protected from the sun during hot weather. The barricades or railings
provided to keep traffic from the sidewalk shall not be removed without
the permission of the City Engineer or Street Superintendent.
10. Non-concrete sidewalks. Sidewalks may be constructed of
materials other than concrete only if a permit therefore has been
issued in advance by the City Engineer or Street Superintendent. Such
permit may be issued only after the filing of a written application
therefore by the property owner demonstrating that the materials and
construction technique proposed will result in a finished sidewalk
having a stable, uniformly level and non-slippery surface which otherwise
conforms to the specification provided herein for concrete sidewalks.
Such permit, when issued, shall be conditional upon the proposed sidewalk
being constructed in strict conformity to the application, subject
to modifications required by the City Engineer or Street Superintendent.
11. Slope. All sidewalks shall be laid to conform to a slope
of one-quarter (¼) of an inch to the foot, rising from the
curb line back to the property line, except where there is a difference
in the location of curb and property line or where the intersecting
grades make it necessary to combine or change the same; and these
points shall be set by the City Engineer or in his/her absence the
Street Superintendent and worked by the contractor according to the
instructions of such official.
12. Wheelchair ramps. Wheelchair ramps shall be constructed
at all street intersections and crosswalks to conform to requirements
of law including, but not limited to, Section 71.365, RSMo.
13. Retaining walls. If retaining walls are built on the property
line, the outer edge of the sidewalk may extend to the retaining walls
but the curb edge of the sidewalk shall be on a line with adjoining
sidewalks.
14. Sidewalk openings. Any lawfully maintained opening in a
sidewalk shall be flush with the sidewalk and guarded by a suitable
strong cover or grate for the protection of the public, to the approval
of the City Engineer. Any such grate shall rest on a concrete lip
at least four (4) inches wide.
15. Curbs and gutters. All curbs and gutters constructed within
the City shall be constructed with forms approved by the City of Chillicothe,
shall be constructed of Class B concrete and shall conform to all
other relevant specifications provided in this Section.
B. Permits Required Before Construction. It shall be unlawful
to construct or repair any pavement on any public street, alley, sidewalk,
curb, gutter or other public way without having first secured a permit
therefor. Applications for such permits shall be filed with the Zoning
Enforcement Administrator and shall state the location of the intended
project, describe the particulars of the materials to be used and
their placement and identify the person or firm who is to do the actual
construction work. No permit shall be issued unless the proposed work
will conform to the ordinances of the City. The City Engineer or Zoning
Enforcement Administrator shall promptly review all such applications
and determine if the proposed work conforms to the requirements of
the ordinances of the City. If the work does so conform, the City
Engineer or Zoning Enforcement Administrator shall issue a permit.
If the permit is denied, the City Engineer or Zoning Enforcement Administrator
shall give the applicant a concise written statement of the reasons
for the denial. Any applicant may appeal the decision of the City
Engineer or Zoning Enforcement Administrator to the City Council.
C. Inspection Required After Completion. The City Engineer
or his/her designee shall inspect all newly constructed sidewalks,
curbs or gutters upon completion of the work. Should such official
determine the construction not to conform to this Article in any way
or to have been damaged by rain, frost or any other cause, the work
shall be removed and reconstructed as directed by such official.
Acceptance or rejection by such official shall be final, subject
to review by the City Council upon appeal by the owner or contractor.
D. Barricades Required During Construction.
1. Any
person laying or repairing any pavement on a street, sidewalk, curb,
gutter or other public place or making an excavation in the same shall
maintain suitable barricades to prevent injury of any person or vehicle
by reason of the work. Any such barricade shall be protected by a
light at nighttime.
2. It shall
be unlawful to disturb or interfere with any barricade or lights lawfully
placed to protect or mark any new pavement or excavation or opening
in any public street, alley, sidewalk, curb or gutter.
E. Removal Of Rubbish. The contractor or owner shall, before
any curb and gutter work may be accepted by the City, remove from
the job site all rocks, broken stone, litter or trash of any kind
and leave the street and work in good condition and ready for use.
[CC 1999 §23-37; Ord. No. 95-62, 6-12-1995]
A. Property Owner's Responsibility.
1. Every
owner of any lot or tract of land in the City which fronts or abuts
upon any street, avenue or other public highway upon which there is
no sidewalk, curb or gutter may be directed by the City Council to
construct a sidewalk, curb or gutter along or adjacent to such property
as provided in this Article.
2. It shall
be the duty of the owner of property which fronts or abuts any sidewalk
in the City to keep such sidewalk in good repair at all times. If
any such owner fails to do so, the sidewalk, curb or gutter may be
repaired by the City as hereinafter provided and the cost of the repairs
shall be assessed as a special tax against such abutting property,
also as hereinafter provided.
B. Procedure. When, after review of the inspection report provided for in Section
505.180 hereof and in the judgment of the City Council, the construction or reconstruction of any sidewalk, curb or gutter shall be deemed necessary or upon the petition of any ten (10) citizens of the City, the City Council may by ordinance order and provide for the construction or reconstruction of the sidewalk, curb or gutter in accordance with the requirements of this Article.
C. Condemnation Of Sidewalks, Curbs Or Gutters. The City Council
may by ordinance condemn any sidewalk, curb or gutter which it finds
to be in a dangerous or defective condition or out of repair or which
is not located upon the established grade and line for sidewalks or
which does not conform to the specifications and requirements for
sidewalks as provided by this Chapter and may provide for the removal
of any sidewalk, curb or gutter so condemned. Provided however, that
the cost of condemnation and removal of sidewalks shall be paid by
the owner of the lot fronting such sidewalk.
D. Reconstruction Of Condemned Walks. When any sidewalk, curb
or gutter in the City has been so condemned by this Chapter, it shall
be the duty of the owner of the lot or tract fronting or abutting
thereon to construct or reconstruct the sidewalk, curb or gutter according
to the requirements of this Chapter in the same manner as required
in the original construction of sidewalks, curbs or gutters.
E. Order To Construct. If any property owner fails, neglects
or refuses to construct or reconstruct any sidewalk, curb or gutter
in compliance with the provisions of this Chapter, the City Council
shall make an order of record requiring and directing the property
owner to construct or reconstruct the sidewalk, curb or gutter, stating
in the order the general description of the character of such sidewalk,
giving the kind of materials to be used, the length and width of the
sidewalk, the legal description of the property along or abutting
on which the sidewalk, curb or gutter is to be constructed or reconstructed,
the name of the owner thereof and the time within which such order
must be complied with fully, which time shall not be less than thirty
(30) days from the date on which the order is served.
F. Notice To Property Owner. The City Engineer, Street Superintendent
or other officer of the City shall immediately serve by registered
mail or personal service a certified copy of the order upon the property
owner. If any such property owner is not a resident of the City and
has no known agent or representative residing in the City upon whom
notice may be served, then the City Engineer or Street Superintendent
or other officer shall mail a copy of the order to the last known
address of the property owner and shall cause the order to be published
in some newspaper published in the City for four (4) consecutive weeks.
G. Penalty For Non-Compliance With Order. Any property owner upon whom has been served an order of the Council to repair, construct or reconstruct any sidewalk, curb or gutter, who shall fail to comply with the order within the allowed time, shall be deemed guilty of an ordinance violation and, on conviction thereof, shall be punished by a fine as set forth in Section
100.340 of this Code.
H. City May Proceed Upon Non-Compliance. If, at the expiration
of fifteen (15) days after the service of said notice, if by personal
service or mail or if by publication, at the end of four (4) weeks
after such publication, such owner shall not, in good faith, have
commenced to build and repair any sidewalk and complete the same in
a reasonable time thereafter in the judgment of the City Council,
the City Council will cause such sidewalk to be built or repaired
at the expense of the City pursuant to this Section.
I. Contracts For Construction Of Sidewalk. Upon the passage
and approval of an ordinance for the construction or reconstruction,
by contract, of any sidewalk, curb or gutter in the City, it shall
be the duty of the City Engineer or other proper official immediately
to prepare and file in the office of the City Clerk an estimate of
the cost, per cubic yard or square yard, as the case may be, of the
improvement, including all necessary grading and filling, removal
of any obstruction, construction of necessary approaches and materials
to be used. The estimate shall show each lot or tract fronting or
abutting upon the sidewalk to be improved and the estimated cost for
each lot or tract including a reasonable contingency in an amount
not to exceed twenty percent (20%) of the total cost of the project
for the payment of fees and expenses. No contract shall be let in
which the bid exceeds such estimate.
J. Advertisement For Bids. No contract shall be let for the
construction or reconstruction of any sidewalk, curb or gutter, as
provided by this Section, until an advertisement for bids for the
doing of the work shall have been published at least once in the official
newspaper published of City. The date of the opening of the bids shall
be set at least twenty-one (21) days after the date of the first (1st)
publication of said advertisement for bids.
K. Contract Let Or City May Do Work. All such bids shall be
opened on the specified date by the City Clerk. The City Council shall
let the contract for the work by ordinance to the lowest and best
responsible bidder. If no bids are received or if bids received are
rejected, the City Council may readvertise for bids or may, by ordinance,
order the City Engineer or other proper officer to proceed to construct
or reconstruct the sidewalk, curb or gutter according to the specifications
adopted therefor, keeping an accurate account of the cost of the separate
items therefor. In no event shall the cost of the work done by the
City Engineer or other proper officer exceed the estimate.
L. Special Assessment — Procedure. When any sidewalk,
curb or gutter has been constructed or reconstructed by the City as
herein provided, the City Council shall pay all costs of the work
out of any funds available for that purpose. Upon the completion of
the work and its acceptance by the City, whether the same shall have
been done by contract or by the City, the City Council shall, by ordinance,
levy the cost thereof as a special assessment against each lot or
tract fronting or abutting on the sidewalk or other improvement in
the manner hereinafter provided.
1. The
special assessment shall be levied by ordinance, which shall state
the number and title of the ordinance authorizing the doing of the
work, the description of each lot or tract assessed, the name of the
owner thereof, the number of front feet therein abutting on the improvement,
the separate items of cost of said improvement and the total amount
thereof.
2. The
ordinance shall further provide for the making out of special tax
bills by the City Clerk, payable to the contractor doing the work
or to the Mayor for and to the use of the City of Chillicothe if the
work has been done by the City or if the procedure allowed in this
Section hereof has been elected by the City Council. All special tax
bills shall be collected in the same manner as other tax bills and
as otherwise provided in this Article.
3. A separate
tax bill shall be issued against each lot or tract of ground against
which an assessment has been made. Each bill shall state the name
of the owner of the lot or tract, a description of said lot or tract,
the number of front feet abutting on the improvement, the number of
the improvement ordinance under which the work was done, the number
of the assessment ordinance under which the tax bill is issued and
the different items of the improvement and the total cost thereof.
4. All
tax bills issued as herein provided shall be due sixty (60) days after
their issue and shall bear interest from maturity at a rate not to
exceed the rate on ten (10) year United States Treasury notes as established
at the most recent auction, as fixed in the assessment ordinance.
5. All
special tax bills shall be certified by the City Engineer or other
person making the computation of the cost for the City and shall be
signed by the Mayor and attested by the City Clerk under the Seal
of the City of Chillicothe.
6. All
special tax bills shall, before delivery, be recorded by the City
Clerk in a book kept for that purpose. It shall be the duty of the
Clerk to release the tax bills on the margin of the record upon their
presentation by the holder or the assignee thereof and duly marked
"paid" or when it is shown by other satisfactory evidence that such
tax bills have been paid in full.
M. Special Tax Bill A Lien On Property.
1. The
special tax bills issued against any property, except that owned by
the United States of America, the State of Missouri, or any State
institution, County, Township or City, shall be and constitute a first
(1st) and prior lien thereon, subject only to the lien of general,
State, County and City taxes, which lien shall continue for a period
of three (3) years from and after the maturity of the tax bills (in
the case of tax bills payable in installments, the lien will expire
after the maturity of the installment last maturing) and until the
final determination of any legal proceedings to collect the same.
2. Any
real estate owned by the State of Missouri or by any State institution,
County, Township or City abutting on the improvement shall be liable
for the cost of such improvement the same as other property and an
assessment shall be made thereon and tax bill issued in the same manner
as against other property, but said tax bill so issued shall constitute
a valid claim, but not a lien, against such State institution, County,
Township or City and shall bear interest at a rate not exceeding eight
percent (8%) per annum from thirty (30) days after issue until paid.
N. Contractor Paid In Special Tax Bills. When the advertisement
for bids and the contract so provides, any person who accepts a contract
with the City of Chillicothe for work under this Article shall be
paid in special tax bills made in conformity to this Section and the
laws of the State of Missouri.
O. Special Tax Assessment Notes — Procedure. As an alternative
to the procedure provided in foregoing Sections, the City Council
may, when deemed to be in the best interest of the City, arrange for
the financing of the cost of sidewalk, curb or gutter expenses by
means of issuance of special tax bills and tax assessment notes in
the following manner.
1. The
special tax assessments for constructing and repairing sidewalks,
curbs or gutters shall be known as "special assessments for improvements"
and shall be levied and collected as a special tax. A special tax
bill shall issue therefore and be paid in the manner provided by this
Section. When proceeding under the provisions of this Section, the
City Council shall cause plans and specifications for all projects,
together with an estimate of the total cost for the projects, including
construction, construction contingency and fees and other expenses
and an estimate of the portion of the total cost to be assessed against
each property to be benefitted by the project, to be prepared by the
City Engineer or other proper officer and filed with the City Clerk,
subject to inspection by the public. The Clerk shall cause notice
thereof to be published in the official newspaper of the City for
two (2) consecutive weeks. A public hearing shall be had before the
City Council upon the request of three (3) or more citizens of the
City, at which hearing citizens may express their assent or objection
to such project. These special tax bills may include a reasonable
construction contingency and an amount not to exceed twenty percent
(20%) of the total cost of the improvement to be used for payment
of fees and other expenses and tax bills may bear interest not to
exceed the rate on ten (10) year United States Treasury notes as established
at the most recent auction. All the tax bills shall become due and
payable sixty (60) days after the date of issue thereof, except in
the case of tax bills payable in installments as herein provided.
Every special tax bill shall be a lien against the lot or tract or
parcel of land described in said special tax bill for a period of
ten (10) years after date of issue, unless sooner paid, except in
the case of special tax bills payable in installments, the lien of
which shall not expire until one (1) year after the date of maturity
of the last installment or until the expiration of litigation brought
to enforce the lien of any special tax bill.
2. The
City Council may issue assessment notes secured by a special fund
into which the City shall deposit the special tax bills and the proceeds
of any assessment notes issued to fund a reserve and any other funds
to provide additional security for the noteholders as may be required
and available for such purposes. The City shall assign to the special
fund for the benefit of the holders or registered owners of the assessment
notes or to a trustee for the holders or registered owners of the
assessment notes, the special tax bills evidencing the tax liens provided
for in this Section. Proceeds from the special tax bills so deposited
shall be used only for the payment of the assessment notes issued
for the particular improvement.
3. Assessment
notes issued pursuant to this Section shall be payable solely from
the assessment derived or to be derived from the special tax bills
issued for the particular improvement and from such other funds as
deposited in the special fund. No such assessment note shall constitute
an indebtedness of the City within the meaning of any constitutional,
statutory or ordinance restriction, limitation or provision as provided
by Sections 88.811 to 88.815, RSMo. The face of each assessment note
shall state in substance that the note has been issued under the provisions
of Sections 88.811 to 88.815, RSMo., that the general taxing power
of the City is not pledged to the payment thereof either as to principal
or interest and that the note and the interest thereon are payable
solely from the special fund as established pursuant to this Section
and Section 88.815, RSMo.
4. When
issuing such assessment notes, the City shall covenant with the holders
of such notes that it will diligently and faithfully enforce and collect
all special assessments and interest and penalties thereon arising
from the special tax bills and tax liens deposited into the special
fund for the particular improvement and that it will foreclose such
tax liens so assigned to such special fund or represented by the special
tax bills deposited in the special fund, after such tax liens have
become delinquent, and deposit the proceeds derived from such foreclosure,
including interest and penalties, in such special funds.
5. Assessment notes.
a. All such assessment notes shall be sold at public sale as provided in Subsection
(O)(5)(b) of this Section or shall be sold at negotiated sale if the City Council shall determine that a negotiated sale is in the best interest of the City. If the City Council determines it is in the best interest of the City to sell such assessment notes at negotiated sale, the specific reasons for such determination shall be recited in the ordinance authorizing the negotiated sale.
b. Notice
of the public sale of assessment notes shall contain the following:
(1) The name of the City as issuer;
(2) The issue date, maturity dates, amounts to mature on each maturity
date and interest payment dates;
(3) The time, date and place where bids will be received;
(4) The name, address and telephone number of a person from whom additional
information may be obtained; and
(5) Any additional information deemed by the City Council to be pertinent.
c. Notice
of the public sale of assessment notes shall be given by publication
in a newspaper of general circulation within the City. Such notice
shall be published not more than twenty-five (25) days nor less than
ten (10) days prior to the date of the sale.
d. The
City Council may reject any and all bids received for assessment notes
offered at public sale. If the City Council does reject such bids,
the assessment notes offered may be sold at negotiated sale at any
time within thirty (30) days after the date advertised for the receipt
of bids, provided the negotiated sale results in a lower net interest
cost in dollars over the life of the issue to the City than the best
bid received at the public sale.
e. The
total cost of constructing and repairing sidewalks, curbs or gutters,
wherein a special tax bill shall issue therefor, may be paid in ten
(10) annual equal installments as provided in Section 88.816, RSMo.
Such tax bills may bear interest not to exceed the rate on ten (10)
year United States Treasury notes as established at the most recent
auction, payable annually from sixty (60) days after the date of issue
until paid. The tax bills shall provide that if any annual installment
or the interest thereon is not paid when due, then all of the remaining
installments shall, at the option of the holder of the tax bill, become
immediately due and payable. The owner of the property charged with
the payment of the tax bill, or the owner of any interest therein,
shall have the privilege of paying the whole of any tax bill in full
at any time or on any annual installment payment date of paying in
full one (1) or more of the remaining installments not of maturity
date.
P. Cost-Sharing Sidewalk Replacement Program. To encourage
the replacement of sidewalks not meeting the requirements of this
Section, the City hereby establishes a cost-sharing sidewalk replacement
program. The following guidelines of the program are as follows:
1. The
City will pay the material costs of repairing defective sidewalks
in the City. The remaining costs must be paid by the property owners.
In no event will the City's portion exceed fifty percent (50%) of
the entire cost of the project.
2. The
property owner will contract to have the repairs made and must provide
proof of ability to pay the property owner's share of the costs to
the City prior to the beginning of construction. The contractor must
be approved by the City.
3. The
City Engineer or other proper officer will be the final judge as to
whether the sidewalk, or any portion of the sidewalk, needs to be
repaired.
4. Sidewalks
will be repaired on a priority basis established by the City Council.
5. The
City's total share on the cost-sharing sidewalk replacement program
shall not exceed amounts annually budgeted for that purpose.
6. Cost
participation by the landowner can be waived by the Mayor for economic
circumstances when the Mayor determines the income of the property
owner lacks sufficient resources to pay its share of the costs.
7. No variance
to this policy shall be granted unless four (4) members of the City
Council vote in favor of the variance.