If the Board of Public Works of the City of Salamanca, by resolution or resolutions duly adopted by that Board, may at any time or times decide that any street or section of a street should be paved, repaved or macadamized and the owners of more than one-half (1/2) of the total of feet front or more than one-half (1/2) of the bona fide owners of the property abutting upon the street upon which the improvement is to be made give consent thereto, in writing, or if in place of said consents the Common Council shall by resolution vote unanimously to concur with said Board of Public Works that such improvement is expedient and necessary.
Said Board shall publish at least two (2) weeks' notice in the official newspapers of said City that at a time and place therein specified it will meet to make a final determination thereof. Such notice shall contain a brief description of the character, location and extent of the proposed improvement. At such meeting of said Board, any person shall be entitled to be heard for and against such improvement.
1. Expense of improvement: The expenses of such aforesaid improvements as are made along and border upon and are contiguous and adjacent to any property owned by the City, including crosswalks and intersections of streets, and one-third (1/3) of the remainder of such improvements, exclusive of the amount charged to any railroad company, shall be paid by the City at large from the General and Special Public Works Improvement Fund.
2. Determination to make improvement: If the Board of Public Works shall determine to make the improvement, it shall record an order therefor in its minutes, shall estimate the whole cost thereof, the Department of Public Works may build and construct such pavement or improvement by contract therefor duly advertised and let to the lowest bidder in all things as provided in the Purchasing Policy Guidelines of the City of Salamanca.
3. No paving, repairing, asphalting or macadamizing shall be done in any street until the gas and water mains and storm and sanitary sewers have been installed and service and house connection pipes to the same laid to the curbline of each separate piece of property, at least to a point within the line of the curbing, in such manner as the Board of Public Works shall prescribe. In case of neglect or refusal of the owner, the Department of Public Works is authorized to do such work, and the actual expense thereof shall be assessed on the property benefited thereby the same as other local assessments. The word "pavement," as herein used, is intended to include curbs and gutters.
4. Change of grade: After said Board of Public Works shall have caused to be established the grade necessary for the paving in any manner of any street, alley or public place or any part thereof which it has determined to improve under the provisions of this section. It shall give notice, in writing, to the owner or owners or persons interested in the lands which front or abut upon any such street, alley or public place as are above or below the grade thus established, to construct and maintain a retaining wall of suitable materials and in such manner as said Board of Public Works may direct along such street, alley or public place in front of their respective land. In case any such owner or owners or persons interested in said lands shall neglect or refuse to complete such retaining wall within such reasonable time as may be required by said Board of Public Works or shall neglect or refuse to keep said retaining wall in good repair and condition after its completion, then said cost and expense of building, completing and maintaining the same shall be by said Board of Public Works assessed upon the property upon and in front of which said retaining wall was built, completed and maintained, and the amount thereof added by said Board of Public Works to the next City assessment upon said property and levied and collected in the ordinary way of levying and collecting taxes and expenditures in said City.