STREETS AND SIDEWALKS
The Commission shall have control of and maintain all streets,
highways, and alleys in the City and may improve the same by grading,
graveling, curbing, paving, repaving, constructing sidewalks or otherwise,
and shall have authority to lay out, open, widen, extend, straighten,
alter, close, vacate, or abolish any highway, street, or alley in
the City, whenever they shall deem the same a public improvement.
The expense of such improvement may be paid by special assessment
upon the property adjacent to or benefitted by such improvement, in
the manner in this Charter provided for levying and collecting special
assessments; or in the discretion of the Commission, a portion of
such costs and expenses may be paid by special assessment as aforesaid,
and the balance by the City.
When the Commission shall deem it advisable to vacate, discontinue,
or abolish any street, alley, or public ground, or any part thereof,
they shall, by resolution, so declare and in the same resolution shall
appoint a time, not less than four weeks thereafter, when they shall
meet and hear objections thereto. Notice of such meeting, with a copy
of said resolution, shall be published once, not less than two weeks
before the time appointed for such meeting, in a newspaper published
and circulating in the City.
The Commission shall have authority to determine and establish
the grade of all streets, avenues, alleys, sidewalks, curbs, and public
grounds within the City, and may change or alter the grade of any
street, sidewalk, curb, alley, or public ground, or any part thereof,
whenever in their opinion the public convenience will be promoted
thereby, or whenever in their opinion they shall deem the same a public
necessity or a public improvement.
Whenever the grade of any street or sidewalk shall have been
heretofore or shall hereafter be established, and improvements shall
thereafter be made by the owner or occupant of the adjacent property
in conformity to such grade, such grade shall not be changed without
compensation to the owner for all damages to such property resulting
therefrom to be ascertained by a jury as provided by the General Laws
of the State relating to the appropriation of private property for
public use, or said damages may be ascertained and agreed upon by
and between the City and the owner or occupant of such premises. Whenever
such damage shall be ascertained as herein provided, such damages
or such part thereof as the Commission shall deem equitable and just,
shall be paid by the City, and the Commission may cause such damages,
or such part thereof as may be just and proper, to be assessed upon
such real estate as may be benefitted by reason of the change of such
grade; and whenever the Commission shall determine to assess such
damages or any part thereof, upon the property benefitted, it shall
determine and define a district in the City which in its judgement
is benefitted by the improvement out of which such damages arise,
and shall cause the same to be assessed upon said district, which
said assessment shall be upon the taxable real estate in said district,
in proportion as nearly as may be to the advantage or benefit of each
lot, parcel, or subdivision is deemed to acquire by the improvement
out of which such damages arise. The assessment shall be made, the
amount levied and collected in the same manner as other assessments
in a district deemed to be benefitted, as provided for in this Charter,
and all of the provisions of this Charter relative to special assessments
and the collection thereof shall apply thereto. Such damages, when
collected as aforesaid or when determined upon by the City shall be
paid to the person entitled thereto.
Such part of the expense of improving or repairing any street,
lane, or alley, by grading, graveling, paving, repaving, curbing,
constructing sidewalks or otherwise improving or repairing the same,
as the Commission shall determine, and keeping the same free from
dust and nuisance, may be paid by the City, or the whole or such part
of the expense of such improvement, as the Commission shall determine,
may be defrayed by special assessments upon lots and premises included
in a special assessment district, to be constituted of the lands fronting
upon that part of the street or alley so improved or proposed so to
be, or constituted of lands fronting upon said improvement, and such
other lands, as in the opinion of the Commission, may be benefitted
by the improvement.
The City shall build or cause to be built, maintain, and control
all sidewalks and crosswalks in the public streets and alleys in the
City, and may prescribe the grade thereof, and change the same when
deemed necessary, as herein provided.
SEWERS AND DRAINS
The Commission may establish, construct, and maintain a sewerage
system, sewerage disposal system, sewers, and drains whenever and
wherever necessary, and of such dimensions and materials, and under
such regulations as they may deem proper.
Special assessments for the construction of sewers and drains
shall be made in the manner provided in this Charter for making special
assessments.
The owners or occupants of lots and premises shall have the
right to connect the same, at their own expense, by means of private
drains, with the public sewers and drains, under such rules and regulations
as the Commission shall prescribe.
Such part of the expense of providing ditches and drains and
improving water courses as the Commission may determine, may be defrayed
by a special assessment upon the lands and premises benefitted thereby.
WATER SUPPLY
The City Commission shall cause to be maintained, an adequate
water works system for the furnishing of sufficient water supply and
make all such ordinances, rules, and regulations as are necessary
for a safe, economical, and efficient management of the same.
The Commission shall also provide for the improvement and extension
of the water works and water system wherever and whenever necessary
for the public health and welfare, and for adequate fire protection.
The Commission may, by ordinance or resolution, establish a
uniform schedule of rates, make such rules and regulations for the
use of water and the payment therefor as may be deemed expedient.
Unpaid charges for the use of water upon any property within the City
shall be a lien upon said property.
No person, firm, corporation, or association shall be allowed
free use of water, nor shall there be discrimination among water users
of like classes, and rebates shall never be allowed, except as an
inducement for prompt payment of water rates.
The Commission may, by ordinance or resolution, provide for
furnishing water to consumers outside of the City limits, provided,
that the quantity of water so furnished shall not exceed one-quarter
of the total consumption inside the corporate limits.
SEWAGE DISPOSAL
[Amended and adopted 11-3-1942]
The Commission, upon a three-fifths vote of the members elect
shall have power to contract from time to time with any city, county,
metropolitan district, or other political subdivision, or any agency
of the foregoing, for the disposal of sanitary and/or storm water
sewage from the City, for a period not to exceed 40 years; provided
that before authorizing the execution of any such contract, the Commission
shall cause a copy of the same to be deposited with the City Clerk
and a notice of such deposit to be published in a newspaper of general
circulation in the City at least once not less than 10 days prior
to such authorization. The contract as so deposited may be amended
before execution without further notice. No such contract after it
has become effective shall be declared invalid for want of proper
notice. The amounts to be paid from time to time by the City under
any such contract shall not constitute an indebtedness of the City
within the meaning of any Charter debt limitation. The Commission
shall impose rates, charges, and/or assessments upon the users and
beneficiaries of sewage disposal services and facilities sufficient
to promptly meet the obligations under such contract but in event
the receipts therefrom are not sufficient to pay all sums when due
under the contract, then the City shall be responsible for any deficit.
Such rates, charges, and/or assessments shall be made and the payment
thereof enforced by any method permissible by law. The provisions
of this section shall not be limited by those of any other section
or sections of this Charter. If there be included in this section
any provision which is not permissible under the state law at the
time of the adoption hereof and which in the future shall become permissible
because of subsequent state legislation, then such provision shall
automatically become operative without again being readopted. All
acts and proceedings within the scope of this section heretofore done
or taken, are hereby ratified and confirmed.
