[CC 1992 § 41.010]
Any ten (10) registered voters of the City of
Center may petition the Board of Aldermen thereof to build a sidewalk
along any property within the corporate limits of the City. Such petition
shall be referred to a committee on streets and alleys, whose duty
it shall be to examine the petition and make full investigation with
regard to the proposed sidewalk and report to the Board of Aldermen
at its next regular or special meeting. The report shall state the
kind of material to be used in the construction of said sidewalk,
which report may be adopted or rejected by a majority vote of all
members elected to the Board of Aldermen.
[CC 1992 § 41.020]
When a sidewalk shall be ordered to be built,
it shall be the duty of the Street Commissioner immediately thereafter
to file with the City Clerk complete plans and specifications, including
the material to be used, the length and breadth of the proposed sidewalk,
and the amount of grading and excavating necessary to be done, and
shall also submit to the Board of Aldermen an estimate of the probable
cost to be incurred in building the same.
[CC 1992 § 41.030]
Immediately after receiving and filing the plans
and specifications hereinabove provided, it shall be the duty of the
City Clerk to advertise for bids on the same for one (1) week in some
newspaper of general circulation in the City of Center, stating therein
that such work shall be paid for in special tax bills as hereinafter
mentioned, and such bids shall be received at the City Clerk's office,
and reserving to the City the right to reject any and all bids. Such
bids as may be received shall be submitted by the City Clerk to the
Board of Aldermen at its next regular or special meeting.
[CC 1992 § 41.040]
The Board of Aldermen shall have the power to
contract with the lowest and best bidder upon the plans and specifications
above-mentioned requiring a contractor to enter into good and sufficient
bond with the City for the due performance of his/her contract; provided
the City shall in no event contract with any bidder whose bid exceeds
the estimate made by the Street Commissioner.
[CC 1992 § 41.050]
The expense of building any sidewalk as hereinbefore mentioned shall be paid in special tax bills assessed against the abutting property liable therefor, as provided in Section 510.060 of this Chapter; and such tax bill shall constitute a lien upon such property until paid, and shall bear interest at the rate of eight percent (8%) per annum after thirty (30) days from date of issue. Such tax bill shall be assignable and collectable in any action brought in the name of the City, at the relation and to the use of the holder thereof, and shall in any action thereon be prima facie evidence of the regularity of the proceedings for such special assessment, of the validity of the bill, of the doing of the work, and of the furnishing of the materials charged and for such of the liability of the property to the charges stated in the bill. Such tax bills shall be signed and certified to by the Street Commissioner and attested by the City Clerk and shall become immediately due and collectable after date of issue.
[CC 1992 § 41.060]
Each lot, tract, parcel or piece of ground abutting
on such sidewalk or along which such sidewalk shall be built or repaired,
as hereinafter provided for, shall be liable for costs and expenses
thereof in proportion to the front foot of same, provided the corner
lots shall be liable for the extension of the sidewalk to the curb
line each way. It shall be the duty of the Street Commissioner, as
soon as any contract shall be let for the construction of any sidewalk,
to measure the frontage of each lot, tract, piece or parcel of ground
abutting thereon and report the same to the Board of Aldermen, who
shall by ordinance assess the costs and expense of building such sidewalk
as a special charge against the lot or tract of ground therefor.
[CC 1992 § 41.070]
Whenever the City shall advertise for bids for
the construction of any new sidewalk or for the construction of any
new sidewalks in the place of sidewalks condemned and no bids shall
be received, the City may proceed to construct or reconstruct any
such sidewalk at its own expense. It shall be the duty of the Street
Commissioner in case such sidewalk is constructed or reconstructed
by the City to keep an accurate account of the amount of expenses
for labor and materials, including grading and filling opposite each
lot or piece of ground, and present the same to the Board of Aldermen
for assessment, and each lot or piece of ground abutting on such sidewalk
shall be liable for the costs thereof as reported to the Board of
Aldermen by the Street Commissioner in proportions of the front foot
thereof, and special tax bills shall be issued for the amount thereof,
which shall bear interest at the rate of eight percent (8%) per annum
after thirty (30) days from date of issue; such tax bills shall be
signed and certified to by the Street Commissioner and attested by
the City Clerk and shall become immediately due and collectable after
date of issue, and shall in any action thereon by the City be prima
facie evidence of the regularity of the proceedings for special assessments,
of the validity of the bill, of the doing of the work, of the furnishing
of the materials charged for and of the liability of the property
to the charge stated in the bill.
[CC 1992 § 41.080]
All tax bills issued in accordance with this
Chapter shall be placed in the hands of the City Collector. The City
Collector shall proceed at once to collect same and pay all money
so collected to the City Treasury and shall report to the Board of
Aldermen all such tax bills which from any cause he/she is unable
to collect, and it shall be the duty of the City Attorney to institute
suit upon the same when so ordered by the Board of Aldermen.
[CC 1992 § 41.090]
All sidewalks hereinafter made in the City of
Center shall be constructed of granitoid and done in a workmanlike
manner and subject to the approval of the Street Commissioner. All
sidewalks shall not be less than forty (40) inches in width.
[CC 1992 § 41.100]
It shall be the duty of each and every owner
of lots or land in the City of Center to keep the sidewalks in front
of his or her property in good repair at all times with the same material
and constructed in the same manner as when originally built. The Street
Commissioner shall have power, if he/she deems it necessary, to cause
any such repairs to be made without giving notice to the owners, and
shall keep an accurate account of the costs of such repairs and shall
report the same to the Board of Aldermen for assessment. The Board
of Aldermen shall assess the expense of repairs in the same manner
as provided for in building new sidewalks, and special tax bills shall
be issued therefor, and the abutting property shall be liable therefor
as provided in case of building new sidewalks, and said tax bill shall
constitute a lien on such property until paid. Such special tax bill
shall bear interest at the rate of eight percent (8%) per annum after
thirty (30) days from the date of issue of same and shall become immediately
due and collectable from date of issue and shall be signed and certified
by the Street Commissioner and attested by the City Clerk. In any
action on such special tax bills by the City, the same shall be prima
facie evidence of the regularity of the proceedings for such special
assessment, of the validity of the bill, of the doing of the work,
and of the furnishing of the materials charged for and of the liability
of the property to the charge stated in the bill.
[CC 1992 § 41.110]
No person shall construct or cause to be constructed
in this City any platform or steps, cellar, grate, or window curbing
so as to extend upon any sidewalk over two (2) feet. No person shall
make or cause to be made a cellar door in any sidewalk so as to extend
more than four (4) feet into the sidewalk, and such door shall be
good and substantial and shall not rise above the sidewalk nor shall
the hinges or latch rise above the door.
[CC 1992 § 41.120]
Whoever shall place any obstruction, as hereinbefore
named, in or upon any sidewalk in this City or shall cause the same
to be done by another, and whoever shall place or cause to be placed
any obstruction in or upon any sidewalk or in any street or alley
and shall fail or refuse to move the same at the request of the Street
Commissioner, and whoever shall violate in any way any of the provisions
of this Chapter, shall forfeit and pay to the City a fine of not less
than five dollars ($5.00) nor more than one hundred dollars ($100.00)
for every day he/she allows the same to remain after being requested
to remove the same.
