[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) 
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) 
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) 
Contract and surety bond. The petition shall be accompanied by:
(1) 
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) 
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) 
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) 
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) 
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.