Public Improvements (cont.)
Section 10.7. Finding of council to be conclusive
When the Council shall by ordinance find and declare that a majority
of the resident owners of the property liable to taxation therefor,
who shall also own a majority of the front feet owned by residents
of the City abutting on the improvements or part thereof proposed
to be made, have not filed with the city clerk a valid protest against
such improvement, such finding and declaration shall be conclusive,
after the execution of the contract for said improvement, and thereafter
no special tax bill or special assessment shall be held invalid
for the reason that a protest sufficiently signed was filed with
the city clerk. All county or other public property and all cemeteries
and tax exempt properties and railroad rights of way shall, for
the proportionate frontage, be subject to the liens of the special
tax bills authorized by this Charter.
Approved by vote of the people November 8, 1955.
Section 10.8. Intervening street connections
Whenever the council determines it to be necessary and proposes
to pave, macadamize, curb, gutter, grade, or construct sidewalks
thereon or otherwise improve the roadway or street or avenue for
a distance of not more than twelve hundred feet in length, so as
to connect at both ends with paving, macadamizing, guttering, curbing,
grading, or other improvements, either on the same street or avenue
or on other streets or avenues or on the same street or avenue and
another street or avenue, the council shall cause the same proceedings
to be followed as in other improvements.
In the event a remonstrance is filed against such proposed improvement
which would be valid and a good and sufficient remonstrance in the
case of all other improvements, the council may set the matter down
for public hearing and hold such hearing and at the conclusion thereof
the council may, by a vote of two-thirds of its total membership
or by the unanimous vote of all the members present, whichever is
the least, overrule such remonstrance. Thereafter, the like proceedings
shall be followed as if no remonstrance had been filed.
Approved by vote of the people November 8, 1955.
Section 10.9. Sidewalk repair
Whenever it shall become necessary to reconstruct or repair any
sidewalk which has been theretofore constructed and which is not
a part of a street paving project, the council may by general ordinance
provide for the repair or reconstruction of said sidewalk and the
cost thereof shall be paid by the owner of the abutting property
in the same manner and the cost of said repair or reconstruction
shall be a lien upon the land abutting upon said sidewalk and the
council shall by general ordinance provide for the method of payment
therefor and the release of such lien.
Approved by vote of the people November 8, 1955.
Section 10.9.5. Assessment of water main
extensions
The city shall have the power to extend water mains for the purpose
of providing water service to properties and to pay all or part
of the cost of the extension thereof by special assessments issued
against benefited properties. The city shall by the enactment of
a general ordinance establish such procedures as it deems necessary
to provide for extensions of water mains by special assessment,
which procedures shall include the following:
- Any such extension to be paid for in whole or in part by special
assessment shall be initiated by a petition signed by at least one
owner of property benefited by the proposed extension, which petition
shall be filed with the city clerk and a copy thereof shall be filed
with the Board of Public Utilities.
- The petition, together with a report to the Board of Public
Utilities, or such officer or officers of the public utilities as
the board shall designate, on the feasibility of the proposed extension
and payment of all or part of the cost of the extension thereof
by special assessment shall be submitted to the city council.
- Provisions establishing the method of levying assessments to
pay for the water mains may provide that assessments may be on the
basis of the extent benefited properties abut upon the water main;
upon the square footage of properties served by said mains; or upon
any other method of benefit assessment determined by the city council
to fairly reflect benefits received. Such provisions may establish
a uniform method of assessment for benefits or may provide for the
determination of assessment methods upon a project by project basis.
Approved by vote of the people April 4, 1978.
Section 10.10. Sewers
There shall be four classes of sewers, either sanitary or storm:
public, district, joint district, and private, as hereinafter defined,
without regard to the area drained, the size, character, or purpose
thereof.
Public sewers are those which have been or may be constructed or
acquired and paid for wholly out of any public funds available for
that purpose.
District sewers are those which have been or may be constructed
or acquired, under authority of ordinance, within the limits of
an established sewer district, and paid for in whole or in part
by special tax bills or special assessments upon the property in
the district.
Joint district sewers are those which have been or may be constructed
or acquired under the authority of ordinances uniting one or more
districts and unorganized territory, or uniting districts or unorganized
territory, into a joint sewer district, for the purpose of providing
mains, outlets, or intercepting sewers, for the benefit of such
joint sewer district, and paid for in whole or in part by special
tax bills or special assessments upon the property in such joint
sewer district.
Private sewers are those paid for by private parties concerning
the same.
All public, district, and joint district sewers shall be constructed
along streets, alleys, and other public ways wherever practicable;
and no such sewer shall be built or acquired by the city except
it be on a public way or right of way owned by the city. Such sewers
may be connected with any other sewer of any class or with a natural
course of drainage
Approved by vote of the people November 8, 1955.
Section 10.11. Acquiring private sewers
The city may by ordinance recommended by the city manager acquire
any private sewer by gift, condemnation, or purchase and provide
for reimbursement thereof in cash or by special tax bills or special
assessment, in the manner hereinbefore provided, to be levied against
the property in the district or joint district for which such private
sewer is acquired. Approved by vote by the people on November 8,
1955.
Section 10.12. Method of levying assessments
Whenever all or any part of the cost of establishing or improving
public highways, except curbings, guttering and sidewalks, is to
be paid for by special assessments or special tax bills, the entire
amount of such assessment shall be levied ratably on all lots and
tracts of land fronting, or abutting on, the improvement along the
distance improved in proportion to the front feet thereof, and the
cost of so improving the areas formed by intersecting streets and
highways, or other spaces fronting on other streets and highways
shall be included as a part of the cost of the work done on the
street or part thereof the improvement of which is provided for.
Whenever all or any part of the cost of curbing, guttering, and
sidewalks is to be paid for by special assessments or special tax
bills, the entire amount of such assessment shall be levied ratably
on all lots or tracts of land fronting, or abutting on, the improvement,
in proportion to the front feet thereof, but the corner lots shall
be liable for the cost of the extension of curbs, gutters, and sidewalks
and the grading of the sidewalk portion of the street, to the curb
line each way.
Whenever all or any part of the cost of construction, reconstruction,
or acquiring district or joint districts sewers is to be paid for
by special assessments or special tax bills, the entire amount of
such assessment shall be levied ratably against the lots and pieces
of ground exclusive of streets and alleys in the district in proportion
to the square feet of area therein.
Ordinances creating joint sewer districts may provide for the construction
of the sewer or sewers therein in one or more sections and for the
levy and assessment of the cost of any section upon the completion
thereof, as a special tax in the manner provided by ordinance. If
any district or joint district sewer shall drain territory lying
outside the city and not included in the district or joint district,
the council shall determine and the city shall pay that part of
the cost of the sewer as would have been assessed ratably against
such territory if it were included in the district or joint district,
and the council's determination of the amount of costs and the area
affected thereby shall be conclusive.
Approved by vote of the people November 8, 1955.
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