The City Council is hereby empowered and authorized to construct
roadbeds, sidewalks, curbs, gutters and street and alley improvements,
or any or all, in the City, in such cases as it may determine the
same to be necessary for the public benefit, and for the benefit of
the abutting land and of the owners of such abutting land, provided
that, before any permanent street, sidewalk, curb and/or alley improvements
shall be made under the provisions of this section, the City Council
shall obtain from more than fifty percent (50%) of the property owners
of record abutting upon such street, sidewalk, curb and/or alley their
written approval of such permanent improvement and/or improvements;
provided, however, that where there is a gap not exceeding one (1)
block in length in the permanent paving of a street and such street
is permanently paved for at least one block distance in each direction
from such gap, no written approval of any property owners need be
obtained for the construction by the City Council and assessment of
the costs thereof under this Article of a permanent roadbed, curbs
and gutters in such gap to connect the aforementioned permanently
paved portions of such street. No written approval of any property
owners need be obtained for the construction by the City Council and
assessment of the costs thereof under this Article of a permanent
roadbed, curbs and gutters in any street connecting with Baltimore
Avenue for a distance of not exceeding one (1) block from Baltimore
Avenue. If permanent roadbeds, curbs and/or gutters are constructed
by the City Council under these provisions without the written approval
of more than fifty percent (50%) of the property owners abutting thereon,
the same sideline exemptions shall be granted to corner lots and to
lots abutting on more than two (2) streets as are provided in § C8-3
of this Charter, except that the cost of such exemptions shall be
paid by the City Council out of any funds properly chargeable with
such costs. The ten-year payment plan provided in this Article shall
extend to and be accorded to the City Council in the same manner as
accorded to property owners paying assessments under this Article.
When the City Council shall have determined to make roadbed,
sidewalk, curb, gutter and street and alley improvements or all or
any in the City, it shall thereupon notify, as far as practicable,
each owner of land abutting upon such street or other proposed improvements
by depositing said notice in the United States Post Office, addressed
to such owner's last known address, setting forth that on a certain
day to be named therein, which day shall be not less than one (1)
week after the mailing of said notices, that the City Council will
meet to consider the kind and character of roadbed, sidewalk, curb,
gutter and street and alley improvements, or all or any, to be laid
and notifying said owner to appear at said meeting and express his
views on the question if he so desires; and that at such meeting,
the City Council shall hear any suggestions of said owners and immediately
thereafter or, within a reasonable number of days, shall determine
the character and kind of work to be done, which determination shall
be final and conclusive.
All special assessments and interest thereon heretofore made
or to be made by the City Council for the cost of roadbeds, sidewalks,
curbs, gutters and street improvements under the provisions of any
law in force prior hereto which have not become fully due and which
are now unpaid shall come within the provisions of this Article.
The City Council is hereby authorized to make sidewalk, curb,
gutter, roadbed and street improvements by contract, either by doing
the work themselves without letting bids or by contracting for the
same as provided in § C5-21 of this Charter. All contractors
for such street improvements shall give bond in such sum as the City
Council shall require, with sufficient sureties to be approved by
the City Council for the faithful performance of their contract; provided,
however, that this section shall not be construed to apply where a
majority of the land owners abutting the proposed improvement have
requested that the improvements be made.