[Code 1999 §515.140; CC 1979 §§500.400 —
500.410; Ord. No. 16 §11, 8-7-1907]
When the Board of Aldermen shall deem it necessary to pave,
macadamize, gutter, curb or otherwise improve any street, avenue,
alley or other highway or any part thereof within the limits of the
City for which a special tax is to be levied as herein provided, the
Board of Aldermen shall by resolution declare such work or improvements
necessary to be done and cause such resolution to be published in
some newspaper published in the City for seven (7) consecutive insertions
in a daily paper or two (2) consecutive insertions in a weekly paper
and if a majority of the resident owners of the property liable to
taxation therefore shall not, within ten (10) days from the date of
the last insertion of said resolution, file with the City Clerk their
protest against such improvements, then the Board of Aldermen shall
have power to cause such improvements to be made and to contract therefore
and to levy the tax as herein provided; and the findings of the Board
of Aldermen that a majority of such owners have not filed protests
shall be conclusive and final. No such publication shall be necessary
for the making of any sidewalk.
[Code 1999 §515.150; CC 1979 §500.420; Ord. No. 16 §18, 8-7-1907]
A.
When
the Board of Aldermen shall have caused a resolution declaring any
street improvement necessary to be done to be published and make the
proper finding that a majority of the owners of property liable for
assessment therefor have not filed with the City Clerk their protest
against such improvement being made as in this Chapter provided and
shall determine to pave, macadamize, gutter, curb or otherwise improve
any street, avenue, alley or other highway or any part thereof, they
shall pass a resolution requiring it to be done, which improvements
shall be made in the manner designated by the City Engineer, or the
officer performing the duties of that office. It shall be the duty
of the City Engineer to prepare plans and specifications for said
improvements and file the same with the City Clerk for inspection
and examination of parties desiring to bid on the work.
B.
Thereupon
the City Clerk shall cause not less than one (1) week's advertisement
for bids in some newspaper published in the City for sealed bids for
the doing of the work designated in the plans and specifications and
deliver said bids to the Board of Aldermen at their next meeting at
which time said bids shall be opened and the contract awarded to the
lowest and best bidder, if approved.
[Code 1999 §515.160; CC 1979 §500.430; Ord. No. 17 §2, 8-7-1907]
A.
Upon
the passage and approval of such resolution so providing for such
improvements to be made, the Board of Aldermen shall direct the City
Administrator to advertise for bids therefor stating the manner in
which and where such advertisement shall be made, and the date when
bids will be opened by the Clerk in the presence of the Board of Aldermen.
B.
If
the Board shall desire to accept any bid offered, it may be accepted
by a majority vote of all the members elected on the journal. All
advertisements for bids shall advise bidders that payment for the
proposed work will be made in special tax bills and that the Board
reserves the right to reject any and all bids. If none of the bids
offered be accepted, the Board may direct the Clerk to again advertise
for bids as in the first (1st) instance.
[Code 1999 §515.170; CC 1979 §500.440; Ord. No. 17 §3, 8-7-1907]
The acceptance of a bid shall be taken as an award of the contract
for the proposed work to the party making the same, and the Board
shall without delay enter into contract in duplicate with such bidder
for the completion of such work according to specifications within
the time agreed upon and without negligence causing or tending to
cause damage to private property, for which the City might be held
liable, and providing that the contractor agrees to accept payment
for said work in special tax bills and that in no event is the City
to be held liable for any sum whatever for work done under such contract.
[Code 1999 §515.180; CC 1979 §500.450; Ord. No. 16 §5, 8-7-1907]
The cost of paving and macadamizing the square and areas so
formed by the crossing or meeting of streets and other highways, or
parts thereof or connections therewith, shall be levied as a special
assessment and paid for as follows: Such area shall be divided into
parts or portions by lines drawn lengthwise along the middle of each
of said streets or highways so intersecting or meeting and the costs
of said parts or portions shall be levied as a special assessment
against the block or square contiguous to each and prorated against
the lots or pieces of ground in such block or square abutting on the
street improved.
[Code 1999 §515.190; CC 1979 §500.460]
The total cost of paving, macadamizing, curbing, guttering and
the necessary excavation and grading for the same of any street, avenue,
square or alley or other highway or any part thereof shall be paid
within ninety (90) days of receipt of the bill for such work.
[Code 1999 §515.200; CC 1979 §500.470; Ord. No. 17 §1, 8-7-1907]
Whenever a majority of the resident real estate owners in front
feet on any street, avenue, alley, public highway or part thereof
shall petition the Board of Aldermen to have such street, avenue,
alley, public highway or part thereof graded, constructed, reconstructed,
paved or macadamized, then the same shall be done in the manner and
with the materials as may be designated by resolution.
