The term "public ways" as used in this Charter includes all
streets, avenues, roads, highways, public thoroughfares, lanes and
alleys.
The Town has control of all public ways in the Town except such
as may be under the jurisdiction of the Maryland State Highway Administration
or the Prince George's County Department of Public Works. Subject
to the laws of the State of Maryland and this Charter, the Town may
do whatever it deems necessary to establish, operate, and maintain
in good condition the public ways of the Town.
In the event the Town decides to construct or improve sidewalks,
curb, gutters, roadbeds, or streets in University Park, they shall
observe the following procedure:
(a)
The Town shall notify, as far as practicable, each property owner
upon each street, proposed to be improved, by depositing in the United
States Post Office, postage prepaid, in a sealed envelope addressed
to such owner's last known address, a notice concerning the proposed
construction or improvement.
(b)
The Town shall publish a notice in one or more of the newspapers
having general circulation in the Town of University Park specifying
the kind of sidewalk, curb, gutter, roadbed or street improvement
or construction in question.
(c)
The notice to the affected property owners and the published notice
shall specify the place, time and date of a hearing on this matter
at which the affected property owners are invited to express their
views. The hearing shall not be held less than ten (10) days after
the date notices were mailed to the property owners.
(d)
The owners appearing at the hearing shall have the opportunity to
express their views on the proposed improvements. The decision made
by the Mayor and Common Council shall be final and conclusive, provided,
however, that no street improvements to be paid for by special assessments
shall be made under this section unless and until the consent in writing
of the owners of fifty-one percent (51%) of the abutting lots on each
street proposed or improvement shall be filed with the Clerk, and
further provided that no sidewalks construction to be paid for by
special assessments shall be made under this section unless and until
the consent in writing of the owners of sixty-six percent (66%) of
the abutting lots on each side of the street proposed for sidewalk
construction shall be filed with the Clerk.
[Revised, effective 3-17-2009]
(e)
This section shall not apply to minor construction activity involved
in the repair or maintenance of existing sidewalks, curbs, gutters,
roadbeds or streets.
[Revised 10-5-1993]
The Mayor and Common Council are hereby authorized to make such
sidewalks, curb, gutter, roadbed and street improvements and construction
as determined and authorized in accordance with Section 803. Where
work is done under contract the Mayor and Common Council shall invite
proposals for said work by advertisement on at least three separate
occasions in a newspaper having general circulation in the greater
Washington metropolitan area. The Mayor and Common Council may award
the contract for such work to the lowest responsible bidder or to
a bidder whom the Mayor and Common Council determine to be the most
desirable contractor for the proposed work, but in all events reserve
at al times the right to reject any and all bids received. All bids
shall be accompanied by bonds insuring the bids in an amount to be
determined by the Town engineer. All contractors for such street improvements
shall give bond in such sum as the Mayor and Common Council shall
require with sufficient surety or sureties, to be approved by the
Mayor and Common Council for the faithful performance of their contract.
The Mayor and Common Council shall not be required to invite proposals
for work to be performed under contract where the amount of the contract
does not exceed five thousand dollars.
The Mayor and Common Council shall assess the value of the said
improvements and construction and bill the owners of the abutting
property accordingly. The cost shall include that of street and public
alley intersections, provided, however, that when property fronts
or abuts on two or more streets where such improvements are made,
or are about to be made, the abutting front feet along the side or
sides of said property (the term "sides of said property" used in
connection herewith shall mean the two longest sides of said property)
shall be computed for the purpose of assessment as one-half of the
total front feet on the side or sides of the property abutting on
the street or streets improved. The assessment for sidewalks, curbs,
gutters, roadbed and street improvements, or construction shall be
a lien upon such abutting property and shall be payable in cash, or
in installment, the number of which and the manner of payment to be
determined by the Mayor and Common Council, with interest at a rate
to be established by the Mayor and Common Council. The owner of the
property assessed or any one on his behalf shall at any time have
the right to anticipate by payment of part or all dents of the assessment
not then due, together with interest accrued, and any assessment or
part thereof remaining due and unpaid for more than one shall be enforced
as a tax in the same manner as taxes due the Town of University Park
are enforced under its Charter. The Mayor and Common Council shall
have the power to make regulations to carry out the object and purposes
of the section. The Mayor and Common Council shall have full authority
to adjust assessments against particular properties made pursuant
to this section where it is proven to the satisfaction of the Mayor
and Common Council that the assessment is, or the proposed assessment
would be, unjust and inequitable.
[Revised, effective 3-17-2009]
The Treasurer of University Park shall be charged with the prompt
collection and safekeeping of the monies collected pursuant to assessment
for specific improvements under Section 805. The funds shall be kept
as a separate account and fund in such bank or banks as the Mayor
and Common Council may designate. No part of these funds shall be
used for any other purpose than to liquidate the certificates of indebtedness,
and interest thereon, issued for the cost and necessary expenses incident
thereto in the construction of sidewalks, curbs, gutters and roadbed
and street improvements. Certificates, when paid, shall be cancelled
and properly kept and filed among the papers of the Town.
