[Ord. No. 94-11 §§1 —
5, 3-1-1994; Ord. No.
07-39 §1, 10-18-2007]
A. Whenever
seventy-five percent (75%) of the landowners on a given street within
the City petition the Board of Aldermen to improve their property
by the construction of curb and guttering upon said street and offer
to pay in advance seventy-five percent (75%) of the estimated cost
of such improvement, the City will contract for the construction of
curb and guttering for the entire street; said contract to be performed
by a licensed contractor approved by the City.
B. The
plans and specifications for such curb and guttering shall be formulated
by the official of the City charged with the responsibility for the
same in collaboration with the chosen contractor.
C. Those
landowners not paying their share in advance shall be assessed and
the cost charged against the lots, tracts and parcels of land fronting
or abutting upon the side of the roadway upon which the improvement
is made, according to the front foot rule.
D. In
levying such special assessments against corner lots on work for such
curb and guttering, such lots shall be charged for work on both fronts
and on the outside corners.
E. If
landowners so assessed are unable to pay their share when billed,
they may apply to the City Clerk to finance such work through the
City or through the contractor performing the work under such terms
and conditions as the Board may set forth.
[Ord. No. 07-39 §1, 10-18-2007]
A. Whenever seventy-five percent (75%) of the landowners on a given street within the City petition the Board of Aldermen to improve their property by the construction of a sidewalk upon said street and offer to pay the estimated cost of such improvement, or, if petitioning pursuant to Subsection
(E) of this Section for sharing costs, offer to pay the proposed share of estimated costs to be paid by said landowners, the Board, at its discretion, may direct the Public Works Superintendent to prepare plans and specifications with an estimate of costs for the construction of such sidewalk for submission to the Board.
B. Upon
submission of such plans, specifications and estimate of costs, the
Board may, at its discretion, advertise for bids, or the Board may
order the Public Works Superintendent to construct the sidewalk. In
either event, an accurate account of the amount expended for labor
and materials, including grading and filling, opposite each lot or
piece of ground shall be kept and presented to the Board for assessment
as provided in this Chapter.
C. Those
landowners not paying their share in advance shall be assessed and
the cost charged against the lots, tracts and parcels of land fronting
or abutting upon the side of the roadway upon which the improvement
is made, according to the front foot rule. In levying such special
assessments against corner lots on work for such sidewalks, such lots
shall be charged for work on both fronts and on the outside corners.
D. If
landowners so assessed are unable to pay their share when billed,
they may apply to the City Clerk to finance such work through the
City or through the contractor performing the work under such terms
and conditions as the Board may set forth.
E. In
the event the Board of Aldermen determines, at its discretion, that
construction of the sidewalk is necessary for the health and safety
of citizens as a result of modifications to the platted street required
as a part of the site plan review process, or that such construction
otherwise serves a significant public purpose, the City may determine,
at its discretion, that landowners on said street may pay less than
the full amount of the estimated cost of such sidewalk. In making
such determination, the Board shall also determine the percentage
of the cost that the landowners on said street will be required to
pay and the terms of such payment. In all other respects, the provisions
of this Chapter shall control the construction of the sidewalk and
assessment of the costs.
[CC 1975 §63.500; Ord. No. 90-35 §63.500, 12-4-1990; Ord. No. 07-39 §1, 10-18-2007]
It shall be the duty of every property owner to keep the sidewalks,
curbs and gutters and driveway entrances adjacent to his/her property
and in the City of Carl Junction in good repair at all times and free
from irregularities and offsets in the surface thereof which may render
the same unsafe for use.
[CC 1975 §63.510; Ord. No. 90-35 §63.510, 12-4-1990; Ord. No. 07-39 §1, 10-18-2007]
All sidewalks and, where streets are hard-surfaced construction,
all curbs and gutters and entrance driveways constructed, reconstructed
or repaired in the City of Carl Junction shall be of concrete and
conform to the established grade of the street.
[CC 1975 §63.520; Ord. No. 90-35 §63.520, 12-4-1990; Ord. No. 07-39 §1, 10-18-2007]
All work of constructing, reconstructing or repairing of sidewalks,
curbs and gutters and driveway entrances shall be done under the supervision
of the Public Works Superintendent.
[CC 1975 §63.530; Ord. No. 90-35 §63.530, 12-4-1990; Ord. No. 07-39 §1, 10-18-2007]
The Board of Aldermen may by ordinance condemn defective sidewalks,
order their removal and provide for the construction of new sidewalks
in the place of walks so condemned and removed as provided in this
Chapter.
[CC 1975 §63.540; Ord. No. 90-35 §63.540, 12-4-1990; Ord. No. 07-39 §1, 10-18-2007]
No formality shall be required for the repairing or reconstruction
of sidewalks and making assessments therefor; but the Board of Aldermen,
without notice to property owner, may order the Public Works Superintendent
to cause such work to be done and the Public Works Superintendent
shall keep an account of the cost thereof and report the same to the
Board of Aldermen for assessment.
[CC 1975 §63.550; Ord. No. 90-35 §63.550, 12-4-1990; Ord. No. 07-39 §1, 10-18-2007]
When the Public Works Superintendent or other proper officer
or committee has made report to the Board of Aldermen of the cost
of the construction, reconstruction or repair of any sidewalk or sidewalks
in the City of Carl Junction under the provisions of this Chapter,
the Board of Aldermen, at its discretion, may levy said cost as a
special assessment against each lot and piece of ground abutting said
sidewalk and each lot and piece of ground shall be liable for its
part of the cost of the work done or made along or in front of such
lot or piece of ground as reported to the Board of Aldermen, and the
City Clerk shall issue separate tax bills therefore against each such
lot or piece of ground as reported to the Board of Aldermen for its
share of the cost.
[CC 1975 §63.560; Ord. No. 90-35 §63.560, 12-4-1990; Ord. No. 07-39 §1, 10-18-2007]
A. Where
a sidewalk has been condemned and is to be replaced with a new walk,
the Board of Aldermen, at its discretion, may direct the Public Works
Superintendent to prepare plans and specifications with an estimate
of costs for the construction of such sidewalk, including grading
therefor, with or without curbing, along the street, avenue or other
public highway or part thereof involved for submission to the Board.
B. Upon
submission of such plans, specifications and estimate of costs, the
Board may, at its discretion, advertise for bids, or the Board may
order the Public Works Superintendent to construct the sidewalk. In
either event, an accurate account of the amount expended for labor
and materials, including grading and filling, opposite each lot or
piece of ground shall be kept and presented to the Board for assessment
as provided in this Chapter.
C. Landowners
shall be assessed and the cost charged against the lots, tracts and
parcels of land fronting or abutting upon the side of the roadway
upon which the improvement is made, according to the front foot rule.
In levying such special assessments against corner lots on work for
such sidewalks, such lots shall be charged for work on both fronts
and on the outside corners.
D. If
landowners so assessed are unable to pay their share when billed,
they may apply to the City Clerk to finance such work through the
City or through the contractor performing the work under such terms
and conditions as the Board may set forth.
E. In
the event the Board of Aldermen determines, at its discretion, that
construction of the sidewalk serves a significant public purpose,
the City may determine, at its discretion, that landowners on said
street may pay less than the full amount of the estimated cost of
such sidewalk. In making such determination, the Board shall also
determine the percentage of the cost that the landowners on said street
will be required to pay and the terms of such payment.