Sidewalks, except crosswalks, shall be built and maintained
by the owners of platted lands within the City in the public streets
adjacent to and abutting upon such lots and premises according to
plans and specifications approved by an engineer.
When, in the opinion of the Council, any sidewalk needs to be
constructed, rebuilt, or repaired, it shall by resolution direct the
City Manager to prepare a report, with the assistance of an engineer,
containing any information it may request concerning such work.
Upon being informed of the resolution provided for by Section 17-22,
the City Manager shall request the engineer to prepare or cause to
be prepared plans and specifications for the work to be done, a schedule
of the lands affected and such other information as the Council may
have requested.
The City Manager shall prepare his/her report and include in
it a schedule of all property affected by the work proposed to be
done pursuant to the provisions of this chapter, and pertinent information
on such parcels as are owned by public authorities, and such other
information as the Council may have requested, and shall present it
to the Council along with the plans and specifications of the engineer,
together with his/her recommendation as to what part, if any, should
be a general obligation of the City, the number of installments in
which the assessment should be spread, and the lands which should
be included in the special assessment district.
A. After reviewing
the plans and specifications and the report of the City Manager, as
provided by this chapter, the Council shall, if it so desires, determine
by resolution that the work be done, setting forth the details concerning
it, prescribe a form of notice and direct the City Clerk to give such
notice by first class mail to the owner of each lot or parcel of land
affected thereby at their address or the address shown on the last
tax roll of the City and by publication at least once in a newspaper
of general circulation in the City, to be designated by the Council.
B. The notice provided for in Subsection
A shall specify the extent of the work to be done, describe the property affected by the work and require the owner to perform the work promptly in accordance with the plans and specifications of the engineer and designate a time within which the same shall be done.
When, in the opinion of the City Manager, any sidewalks need
to be constructed, rebuilt, or repaired, he/she may request the engineer
to prepare or cause to be prepared, plans and specifications of the
work needed to be done, and a schedule of the lands affected, and
the Manager shall submit such information, along with his/her report
and recommendations, to the Council, in the same manner as though
the Council had requested it.
If, at the expiration of the time limit specified in the notice
provided for by Section 17-25, within which the work must be
done, any owner has not complied with the requirements thereof, the
Council shall, by resolution, order such sidewalk to be constructed,
rebuilt, or repaired under the direction of the City Manager by the
proper department or agency of the City, or may do the work by contract
or by hire.
The City Manager shall take all steps necessary to carry out
the direction of the Council in performing work ordered under the
provisions of this chapter. He/she shall keep, or cause to be kept,
and accurate record of the expenses in connection therewith, and upon
completion of the work to be performed, shall submit a report of the
work done and of all expenses in connection therewith to the Council.
The Council shall, by resolution, after examination of the City
Manager's report, as provided for by this chapter, determine what
amount or part of each such expense shall be charged and the person,
if known, against whom, and the premises upon which the same shall
be levied as a special assessment. By such resolution, the Council
shall determine the number of installments in which the assessment
may be paid, determine the rate of interest to be charged on installments,
not to exceed 15% per annum, designate the district or land and premises
upon which special assessment shall be levied, direct the City Assessor
to prepare a special assessment roll in accordance with the Council's
determination, and designate the name by which such assessment roll
shall be known and referred.
The City Assessor shall, upon being informed of the resolution
provided for by the preceding Section, prepare a special assessment
roll including all lots and parcels of land within the special assessment
district designated by the Council and shall assess to each lot or
parcel of land such sums as may have been directed by the Council.
When the City Assessor shall have completed the assessment roll
provided for by the preceding section, he/she shall attach thereto
and endorse thereon his/her certificate to the effect that such roll
has been made by him/her pursuant to a resolution of the Council (giving
the date of adoption of same) and that in making the assessment therein
the Assessor has, as near as may be, according to his/her best judgment,
conformed in all respects to the directions contained in such resolution
and the City Charter and the provisions of this article. Thereupon,
the Assessor shall file such special assessment roll with the City
Clerk, who shall present the same to the Council.
Upon receipt of the special assessment roll, as provided in
the preceding section, the Council shall order it filed in the office
of the City Clerk for public examination, and shall, by resolution,
fix the time and place when the Council will meet and review such
roll, which meeting shall be held not less than one week after notice
thereof, specifying the purpose, time, and place, has been given by
first class mail to each owner of each lot or parcel of land affected
thereby at their address or the address shown on the last tax roll
of the City, and by publication at least once in a newspaper of general
circulation in the City, to be designated by the Council, or by posting
notice thereof for the same length of time in three public places
within the City.
The Council shall meet and review the special assessment roll
provided for by this article at the time and place appointed or at
an adjourned date therefor and shall consider any written objections
thereto.
The Council may correct the special assessment roll provided
for by this article as to any assessment or description of any lot
or parcel of land or other errors appearing therein. Any changes made
in such roll shall be noted in the Council minutes.
After hearing and review, as provided for by this article, the
Council shall confirm such special assessment roll with such corrections
as may have been made and the City Clerk shall endorse the date of
confirmation thereon and, upon confirmation, such roll shall be final
and conclusive.
The Council may, if it so desires, disregard the proceedings under this chapter and proceed entirely under the improvement procedure provided in Article
III of this chapter, either as an individual improvement program or in conjunction with any other improvement program.