The Council shall have power to pave, repave, surface and resurface streets, highways and public places. It may determine and provide that the entire cost of any such improvement shall be a general City charge or it may determine and provide that only a part thereof, which part, however, shall in no event be less than 50% of the entire cost, shall be a general City charge and that the balance be raised by assessment upon the abutting property or owners.
Unless otherwise provided by the Council, any such improvement shall include street intersections, the furnishing, laying and setting of curbs, relaying of sidewalks to required grade, grading the space between the sidewalk and curb and doing such other work as is incidental or essential to the completed improvement.
Council to make determination. The Council may at any time designate any street, highway or public place, or any part thereof, as one to be paved, repaved, surfaced or resurfaced, and if it proposes that such improvement be made partly as a general City charge and partly as a charge or expense upon the abutting property, as herein provided, it shall direct that plans and specifications for such proposed improvement be made.
Hearing; apportionment of costs. After such plans and specifications have been prepared and presented to the Council it shall order a hearing thereon and, after such hearing, may determine to make such improvement. It shall then fix the percentage of the entire cost to be paid as a general City charge and the percentage to be paid by assessment upon the abutting property or owner.
Conclusiveness of determination. The determination by the Council whether an improvement to a street, highway or public place is a paving, repaving, surfacing or resurfacing within the contemplation of this article shall be conclusive.
Such improvement may be done by contract or by the City under the direction of the City Manager, as the Council shall prescribe. If it is ordered done by contract, the City Manager shall provide uniform terms and conditions for bidding, fix the security to be given, advertise for sealed proposals, receive, open at the time fixed, and tabulate such proposals and report them to the Council, with such recommendation as he may have to make. The Council shall designate the kind of improvement and the material to be used and, if a satisfactory proposal is received, may direct the execution of a contract for such improvement, in substantial accord with the plans and specifications for the particular kind of improvement designated.
After completion of such work, upon the certificate of the City Manager, the Council shall determine the entire cost of such improvement.
After determining such entire cost, the Council may direct that the part of such cost which is a general City charge be paid from any budget appropriation for street improvement or such part of the cost may be financed pursuant to the Local Finance Law. The Council may also provide that any abutting owner liable for assessment on account of such improvement be given an opportunity to pay his or her proper share of such cost in advance of any issue of obligations and thereby be relieved from subsequent assessment.
Editor's Note: Original § 87, Bond issue reserved, which immediately followed this section, was repealed by L. 1943, c. 710.
If obligations are sold to defray all or part of the expense of such improvement, the Council shall ascertain the total amount of such bonds and interest until the last bond matures and the amount thereof to be paid:
By the owner. By the abutting property, excluding, however, any property which may have paid its proper part in advance, and order that such amount be assessed as a local improvement upon such abutting property, according to linear foot frontage, as herein provided for local improvements, and be paid in substantially equal installments corresponding to the duration of the bonds;
By the City. By the City, in case any part of the City's share of such entire cost has been included in such bond issue, and shall direct that such share be paid in the same number of substantially equal installments, by including one such installment in each year's tax budget thereafter until such issue is paid.
Authority of Council. The Council shall have the power to open, extend, widen and straighten streets, highways and public lanes and to acquire necessary lands and rights therefor and to fix and determine what percentage of the total cost thereof shall be a general City charge and what percentage shall be assessed as a local improvement upon real property benefited by such improvement.
Apportionment of costs; hearing. When it is proposed to make such improvement, the Council shall direct the preparation of plans therefor. After the completion of such plans, if the cost of such improvement, as determined, is to be paid in whole or in part by local improvement assessment upon real property, it shall order a hearing thereon. After such hearing, it may determine to make such improvement and provide for the acquisition of necessary lands and rights and for the performance of any necessary work in connection therewith and shall fix and determine the percentage of cost to be paid as a general City charge and the percentage to be paid by assessment as for a local improvement upon real property according to the benefits received.
Determination of costs; financing; local assessments. Upon the completion of such improvement, it shall determine the cost, which cost may be financed pursuant to the Local Finance Law. The Council shall direct the Assessor to assess the percentage of such cost (which cost shall include the interest on any obligations issued to finance such improvement) to be paid by assessment as for a local improvement upon the real property benefited by such improvement as near as may be in proportion to the benefits received and shall make suitable provisions in the annual tax budgets for the payment of that part of such cost as a general City charge.
Authority of Council. The Council may at any time it deems it advisable direct that new sidewalks, curbs and gutters, or any of them, be laid on any street or part thereof pursuant to plans and specifications therefor prepared and adopted, so as to make a uniform improvement in said street.
Public hearing; award of contract. Before determining to make such improvement, the Council shall direct that a public hearing be given upon such proposed improvement. After such public hearing, it may determine to make such improvement either by contract or by the City under the direction of the City Manager; if by contract, the City Manager shall advertise for proposals and report, as herein provided. After receipt of such proposals the Council may direct the execution of a contract therefor.
Determination of cost; financing; local assessment. Upon the completion of such work, it shall, upon the report of the City Manager, determine the cost thereof, which cost may be financed pursuant to the Local Finance Law. The Council shall certify to the Assessor the total cost of such improvement (which cost shall include the interest on any obligations issued to finance such improvement) and direct that the same be assessed as a local improvement upon the abutting or adjoining property which has not paid its share of such cost.
Exemption. Notwithstanding the provisions of this Subsection D, or any provisions of the Auburn Municipal Code, where no continuous sidewalks exist on a street, any property owner desirous of installing a driveway on to their premises shall be exempt from installing a concrete sidewalk on a portion of the driveway as it would exist in the event that sidewalks were present on said street. The property owner desirous of installing said driveway shall obtain a permit from the City of Auburn Code Enforcement Office, and shall be responsible for the payment of any fee imposed thereon.
[Added 6-26-2008 by Ord. No. 9-2008]
Authority of Council; performance of work by City where owner fails to perform the same. The Council may require the making, laying and grading of any sidewalk, street driveway between the sidewalk and gutter, curb, or curb and gutter, and the relaying, repairing and regrading of any unsightly, irregular, defective or poorly drained sidewalk, street driveway, curb or gutter, by the owner and occupant, or either, of any land in front of which it is desired to make such improvement or repair and fix, determine and prescribe the width and other dimensions thereof, the kind and quality of materials to be used, and the width and length of the several pieces to compose the same and provide that such improvement or repair be done within a fixed time of not less than two weeks. In case such work or improvement is not done within such time, it may cause the same to be done by the City Manager.
Determination of cost; hearing. Upon the completion of such work the City Manager shall report the total cost thereof, including the expense of serving any notices, advertising and all other expenses connected therewith, and the Council, after notice of hearing to the owner or occupant of such property on the matter of such cost, shall determine such cost.
Adding to tax roll. Upon the determination of the cost of such improvement, the Council may direct that the total cost be paid by the owner and, if not paid within 30 days, that it, with 1% per month additional, be added to the next installment of City tax, and thereafter the same shall be, and be known as, tax, and shall be collected in the same manner as any unpaid City tax.
Alternative procedure; assessing as local improvement. The Council may also provide that such cost be paid by assessment as a local improvement, by directing that it be included with the costs of like or similar improvements to other parcels of property, and the City Treasurer may be reimbursed for such costs from the proceeds of obligations issued pursuant to the Local Finance Law for such improvements. The Council shall determine the total amount of such obligations with interest to final maturity and other expenses and by resolution direct the Assessor to assess such amount upon such various parcels as a local improvement proportionately according to the cost of each improvement, as determined by the Council.
The Council may by ordinance prescribe the manner and method in which sidewalks, curbs and gutters, or any of them, may be built, improved and repaired for abutting owners who desire any such improvement done with the aid of the City and may provide, by ordinance, for the determination of the cost upon completion, for payment thereof and for the assessment of such cost and its proportionate share of interest in any obligations issued and of any other expense in connection therewith.
The sewerage system of the City, as now laid out and constituted, whether by law, ordinance or resolution, is continued, with power in the Council to change, alter and amend any sewerage improvement at any time.
If the Council proposes to construct, build or rebuild any sewer, drain or sewage treatment facility, or other improvements, it shall cause plans and specifications therefor to be prepared and filed in the office of the City Clerk. After such filing, and after a public hearing thereon, it may determine to construct, build or rebuild such sewer, drain or sewage treatment facility, or other improvement, and cause the work to be done either by contract as herein provided or by the City under the direction of the City Manager. Upon the completion thereof, it shall, upon the certificate of the City Manager, determine the cost, which may be financed pursuant to the Local Finance Law.
If the improvement is not entirely for the benefit of the City at large, the Council shall fix the amount to be raised by special assessment upon the property benefited and the amount, if any, to be borne by the City and direct such assessment by the Assessor as a local improvement according to benefits received.
[Added 10-30-1997 by L.L. No. 2-1997]
At the request of the property owner to build, construct, reconstruct sewer laterals in need of repair from the main to inside the structure situate thereon, to have such work or improvement done by the City or by contract, to pay for the same from City funds and assess such total costs against the property benefited and to further provide that the cost of any such work or improvement be paid at once or in annual installments as an assessment upon the real property of said owner.