[Ord. 5227, passed 10-29-1951]
There is hereby established a procedure in the City, whereby
property owners who are not willing to pay for the permanent improvement
and paving of their respective streets, may be permitted to cause
the surfaces of such streets to be temporarily treated, and thereby
postpone the immediate necessity for the improvement and paving of
the same. The procedure shall be as provided in this article.
[Ord. 5227, passed 10-29-1951; Ord. 5263, passed 3-10-1952]
(a)Â Filing petition. All of the property owners on any street between
any particular points or limits may file with Council a petition,
stating that in consideration that the permanent improvement and pavement
of such street shall be deferred, they will cause the surface of the
street to be treated with some dust-laying and mud-preventing material,
under the supervision of the City Engineer and subject to his approval,
and that they will pay the whole cost of such surface treatment upon
the street.
(b)Â Petition information. The petition shall state specifically the kind
and character of treatment which shall be given to the surface of
the street and by whom the materials are to be furnished and the work
done to complete the same.
(c)Â Contract and surety bond. The petition shall be accompanied by:
(1)Â
A written contract between the property owners and the independent
contractor who is to furnish the materials and do the necessary work
for the proper maintenance of the surface of the cartway of the street.
(2)Â
The contractor shall furnish to the City for the benefit of
the property owners and of the City, a surety bond in an amount to
be fixed by Council at the time the petition is presented, which bond
shall guarantee that the work provided for in the contract will be
done to the satisfaction of the City Engineer, and that all labor
and materials for the doing of the work shall be fully paid.
(d)Â Resolution authorization. Council may then by resolution authorize
the property owners to assist in the maintenance of the street to
the extent of their proposal.
(e)Â Contractors improvements. As a first alternative method of permitting
property owners to assist in the maintenance of unimproved and unpaved
streets in order to defer the necessity for improving and paving the
same, the City may permit all of the property owners on such a street
between established points, to enter into a contract with a reliable
contractor, to be approved by Council, which contract shall provide
for the furnishing of all material and doing all necessary work for
the treatment of the surface of the cartway of the street, and subject
to the approval of the City Engineer. The City Solicitor may assist
such contractors and property owners in the preparation of contracts
for this purpose, and when such contracts have been executed, approved
by Council and filed with the City Solicitor, and the contractor has
filed a bond with sureties herein provided for, to guarantee the faithful
performance of the contract and all other obligations usually guaranteed
in bonds given by the City contractors, the contractor shall be permitted
to proceed with the contract on behalf of the property owners, and
so to permit them to assist the City in the maintenance of the unimproved
and unpaved streets, provided, however, that the City shall assume
and have no obligation to any such contractor under any circumstances,
and that all such contractors shall look solely to the property owners,
with whom they contract, for compensation.
(f)Â City improvements. As a second alternative method of permitting property
owners to assist in the maintenance of unimproved and unpaved streets
in order to defer the necessity for improving and paving the same,
the City may permit all of the property owners on such a street between
established points to file a petition with Council undertaking and
agreeing to pay a certain amount of money, the amount of which shall
be determined by the City Engineer and approved by Council, to the
office of the City Solicitor with a signed agreement that if the City
will use certain specific materials upon the street in the temporary
maintenance of the same, that the money so deposited with the City
Solicitor shall be paid to the City Treasurer upon the completion
of the surface treatment of their street, to assist the City in the
maintenance of the street as an unimproved and unpaved highway.
Whenever the property owners of any street have made a deposit
with the City Solicitor to assist in the better maintenance of their
unimproved and unpaved street, the City may, either by contract or
through the use of its own employees and materials to be purchased
by the City, apply to the surfaces of such unpaved streets a treatment
adequate to maintain the same in a better condition than they can
be maintained without such treatment.
[Ord. 5321, passed 12-22-1952]
Whenever the property owners on any street in the City shall
enter into a contract for the treating of the surface of the street
on which their properties abut, so as to assist the City in the maintenance
thereof, under the provisions of this article, the City shall pay
for the treatment of the intersections on such street provided the
cost of treating such intersections does not exceed $750, if and when
Council shall, by resolution, authorize the issuance of a requisition
and purchase order for that purpose to the contractor who is doing
the work for such properties.