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An Ordinance Relative To Street Paving

An Ordinance Relative To Street Paving image
Parent Issue
Day
16
Month
July
Year
1897
Copyright
Public Domain
OCR Text

The Common Council of the City of Ann Arbor ordains: Sec. 1. Streets, or parts of streets, may be ordered to be graded and paved by resolution of the Common Conncil, on petition of parties owning a rnajority of the property fronting on the line of snoh street, or part thereof proposed to be paved. Snoh petition shall pray generally that the street, or a s-pecified part thereof, be graded and paved. Sec. 2. When a street, or part thereof, is ordered to be graded and paved, the resolntion shall declare generally that it is ordered that the street, within specifled limits, be graded and paved and shall direct, whatkind of paveineut shall be advertised for, and that for the purpose of assessment todefray the expense of snoh improvement, the lot-s and parcels of real estáte situated upon snch street, and frontiug on the portion thereof ordered to be improved shall oonstitnte a looal assessment district; or two or more assessment districts may be thus established, of not less extent that one block each, in the discretion of the Conncil. Sec. 3. The City Engineer npon the passage of the resolntion establishing a local assessment district, as provided in section two, shall forthwith proceed to asoertain the quantities of the work and material requisite to the improvement so ordered, and estimats and apportion the expense of the construction thereof per front foot and of inspecting the work during lts progress, and shall make a report of the same to the Common Council. Sec. 4. The report of the City Engineer shall be referred to a oommittee of the Common Council, which shall make due inquiry relating thereto, and after hearing all persons interested therein, appearing and desiring to be heard, shall make a report thereon to the Common Council ; aud the Common Conncil shall, if the cnustruction of auy such pavement shnll still be deemed expedient, order uud direct the Board of Public Works to cause any snch pavement to be constructbd and shall fix and determine the district to be assessed and charged with the cost and expense of the oonstructioii of the same per front foot, excepting street intersections and crossings, and excepting also oue-fitth of the balance of the entire cost of the construction of any suoh pavement, which together with the said street orossings, and intersections shall be paid by the city and whioh shall be a charge on and agaiust the eneral street fund, and which reslution of the Common Gouncil shall be ertified by the Oity Clerkto the Board of nblio Works and the City Assessor espectively. Sec. 5. That after the certification f any such resolution to the City Asessor, the City Assessor shall withont elay prooeed to make, fill ont and eom)lete a special assessment roJl, wherein and whereon he shall set down, alphabetically arranged, the names of all the ownerB or occupants of the land contained within any sach special assessment district, and all of the lands sitúate therein, well and snfHciently described, and shall estímate and determine the number of feet frontage of each paroel thereof. That after the completion of any special assessment roll, the said City Assessor shall attach bis certifícate thereto and certify the said assessment roll to the Common Counoil, wbereupon the Common Council sball fis and appoint a time when sitting as a board of review the said assessment roll sball be reviewed, and the said Common Connoil shall give at least seven days' notice thereof by publioation in the official newspapers of the city. The Common Connoil on the day .and at the time mentioned in such notice shall meet at the council chamber, sitting as a board of review, and shall proceed without adjournment to review any suoh special assessment roll. The Common Council sitting as such board of review shall have power and authority to change any description of land contained therein, and the foot froutage thereof, and to add thereto lands omitted therefrom, and to do and perform any other act or tbing whatever in and about any such special assessment roll, to the end that every such speoial assessment roll shall be made just, true and fair; that any person interested tberein may be heard in person, by his asrent or attorney, and all matters of complaint shall be duly considered, and after any such special assessment roll shall have been duly considered, the board of review shall approve or reject the same, and shall certify their determination to the Common Council, and the Common Counoil at that meeting or the next meeting, sball confirm any such special assessment roll so approved by the board of review, and shall order the sum or sums of money flxed and determinad upon as the estimated cost of any such street pavement, street orossing and intersection excepted, and one-flfth oJ the balance of the cost also excepted, to be assessed and spread upon any such special assessment roll and on and npon eaoh and every of the regular annual assessment rolls in said oity for the year in and during whioh any such special assessment shall or rnay be payable, and levy the assessment against the owners or oooupants of the lands set down therein, and shall levy or assess the said sum or sums of money, on, upon and against the lands set down in and valued npon any suoh special assessment roll as per front foot as aforesaid and shall certify the said special assessment roll and order a resolution of assessment to the City Assessor. Sec. 6. After any such speoial assessrneut roll and order of assessment shall be certifled to the City Assessor, the City Assessor shall without delay proceed to spread the sum or sums of ruoney rnentioued in any suoh order of asssessment npon any sncb assessment roll, and assess the same against the persons therein natned and against the lands mentioned tberein, according to the foot frontage thereof, as niined by the board of review, and thereafter shall make a trueoopy thereof and oertify the said assessment roll to the City Treasurer, who sball have and retain the custody of the sarne, and the taxes so spread on and assessed upon any suoh assessinent roll and levied against the landsdescribed therein shall be and rernain a valid tax and charge against the owner and against the lands mentioned therein until paid. The said taxes shall become dne and payable in four equal annual installinents; the first iustallment in the montb of July, along with the oity taxes next after any sucb assassment roll shall have been confirmed, and annually thereafter nntil fully paid. All of the said taxes shall draw annual interest from the date of the coufirniation of any suoh asyessment roll at the rate of five per cent per annum until paid. Any person against whom any such tax shall have been assessed shall have leave and be at liberty to pay the same at any one payinent at any time after such assessment shall have been certified to the City Treasurer, with interest from the date of oonflrmation only. The City Assessor shall retain a copy of eaoh assessment roll in his office. Sec. 7. That on the thirdMonday in June in eaoh and every year in which any such paving tax shall remain unpaid and be due and payable, the City Treasurer shall prooeed to the City Assessor's office and together with the City Assessor shall stamp or mark "paid" on the copy of every suoh assessment roll all of the paid pavement taxes due and payable in and dnring that year, and tbe City Treasurer shall report all unpaid pavement taxes then due and payable; and the Common Council shall on the fourth Monday in June in eaoh year certify to tbe City Assessor, aloiig with the other city taxes to be assessed, all unpaid and payable pavemen taxes and all money reqnired to be raised for the construction of all pavernents for the way ourrent year and also in a general then a desoription of the lands by reference to the number of the pavement district to be taxed therefor ; and the City Assessor shall thereopon spread npon the general oity tax roll of that year all such suins of money so remaining unpaid and payable, and so required to be raised for the oonstruction of any such pavement, all such pavement taxes to be carried out and entered in a separate column on said general tax roll with the interest thereon as aforesaid, the tax in one oolumn and interest thereo n n another column, tne general cuy tax ■olí to be properly ruled and printed or that pnrpose, and suoh columnB to se entitled íespectively, "Pavement ;ax" and "Interest on pavement tax." uá the sum or suins of rnoney so set lown and spread upon any snob general ;ity tax roll, shall be, remain and con;inne a valid debt, demand and tax igainst the person, and a valid debt, Iemand and tax on and against the land 50 assessed as aforesaid, nntil fnlly paid ; and sball be oertified to the City Treasarer and collected in the same manner as the other taxes set down and spread apon snch general tax roll are, shall or may be collected. Sec. 8. After any snoh resolution to oonstruot any pavement shall have been eertified to the Board of Public Works, the Board of Publio Works shall prooeed without delay to obtain all necessary information, maps, estimates, plans and specifications for the construotion of suoh pavemeut, and shall advertise for tenders for the construction thereof, and shall report the same to the Common Council, wbich may direot eaid board to contract with such of the lowest responsible bidder or bidders, reported by the board, as it shall see fit; or direot further advertisement for the same in its discretion and then direct said board to contract with suoh lowest bidder, for such kind of pavement as is deemed expedient to adopt for the improvenient. Sec. y. upon tne passage oí me resolution directing the Board of Public Worbs to enter into oontraot f or the constrnotion of any pavement, the Board of Pablio Works shall forthwith proceed to enter into contract with tbe party designated tberain, and take suffioienc security for the faithfnl performance of his contract. The contractors shall do all the work and furnish all of the material, and all contracta sball contain provisions reqairing suoh pavements to be oonstrncted of firstolass material and workmanship and undtr the direotion and to the satisfaction of the Board of Public Works and the inspector of pavement and shall require all work to be completed at a specifled time and without unreasonable delay. All contracts and bonds for the faithful performance thereof shall be reported to the Common Council for confirmation and approval. Sec. 10. The Board of Public Works may appoint an inspector of pavements to superintend the improvement in any looal assessment district formed under this ordinance, whose duty it shall be to superintend the work on suoh improvement and to see to it that all the specifications of the contract for the work are complied with, onder the direction of the Board of Public Works. Such inspeotor may be discharged in the discietion of the Board of Public WorkB and his compensation shall not exoeed tbe rate of three dollars per diem of ten hours work, and to be paid out of the city treasury, and out of the aseessment on the local assessment district upon whioh he is employed. Said inspector at the request of the Board of Publio Works shall report the progress of tbe performance of the contract in sections, as required frorn time to time, to the end that payment may be made by installinents as the work progresses. Provided, that the City Engineer, in the disoretion of the Common Council, and by its direction may be required to perform the duties of inspector of pavements. H Sec. 11. Pavements and all proceedings relating thereto shall be designated by consecutivo numbers in the order of the date of the passage of the resolution requiring construction. r Sec. 12. After the final determination of tbe Common Conncil to caase any such paverneot to be constrneted, and after the Board of Publio Works shall have concluded the coDtract for tbe construotion thereof, and the same has been ratified by the Common Counoil, the Mayor and City Clerk shall execute under their hands and the seal of the city, bonds of the City of Ann Arbor payable to bearer in four equal annaai installments, annually on or before the first day of March thereafter, with interest at the rate of five per cent per anuum, payable annnally, in snm or sams equal in amonnt to tbe estimated oost of the construotion of any such pavement. All snch bonds shall be kuown as pavement bonds and issued in series, conforruing to the nntaber of the pavement ou account of which any snob bonds shall have been issued, and the City Clerk shall deliver the same to the City Treasurer, but no more tban forty thousand dollars in amount of any snch bonds shall be outstanding at any one time. Sec. 13. Whenever any such bonds shall have been delivered to the City Treasurer, he sball without delay proceed to sell the same for the beBt price obtainable, but none of said bonds sball be sold for less than the face value thereof. Sec. 14. The City Treasurer shall keep strict account of all the moneys so reoeived on the sale of such bonds, and each of the said pavements shall have in the Treasurer's ancount a separate fund devoted thereto; and all the moneys obtained on the sale of bonds shall bo applied to the payment of the cost and expenses of the oonstruction of the particular pavement for which the same was issued, and all taxes paid on acconnt thereof shall be devoted and applied to tbe payment of such pavement bonds; and if there shall be any surplus moueys arising on the construction of any such pavement, the same shall be applied to the payment of such pavement bonds aud to tbe refunding of a per cent of all such pavement taxes which may have been paid in full, eqaal to the per cent of any such surplus, and a som of money equal to the pr cent of any suoh surplus shall be remitted and deducted from the last installment of any such tax thereafter to be paid and collected; and if there shall be a deflciency, that is to say, if the estimated cost shall prove to be less than the actual cost, then an additional assessment shall be levied and collected to niake good and cover auy such deficiency. Sec. 15. Whenever the Common Conncil shall determine that a streef shall be paved in the city of Arm Arbor, it shall be the duty of the Board of Public Works to serve or canse to be served a written or partly written aud paitly printed notice opon eaoh and every one of the owners, occupants or agents of the property along the line of such street where snoh pavements are proposed to be laid requiring him, her or theru, within thirty days from the date of such notice, to ruake connections with the main water and gas pipes and sewers that may be laid in said streets except where snch conneotions have already been made. Seo. 16. If along the line of such stieet there is any vacaut or unuccnpied lot, lots or premises, and the owner, owners, agent or agents thereof cannot be conveniently found, the said Board of Public Works shall post 6noh notice, as aforesaid, in some conspiouons place ipon said lot, lots or premises. Sec. 17. In case of default or negleot on the part of any owner, occupant or agent, to connect with the service pipe and sewers as aforesaid, or in oase the notice posted on any vacant or unoccnpied lot, lots or premises, shall fail to come to the notioe of the owner, owners, agent or agents thereof, and snch notice has expired, or if said owner, owners, or agents shall not within thirty days make said connections, the city sball then canse snoh connections to be made, and tbe expenses thereof shall be assessed npon the property for the benefit for whioh connection was made, and such assessment sball be a lien upon the said property until paid, and snch lien shall have the same forcé and effect as isproviceJ in case of other speoial assessments. Sec. 18. This ordinanoe shal take effect and be in force from anc after the 2(ith day of July, A. D. 1897. Passed in Common Council, this 7th day of July, A. D. 18Ö7. GLEN V. MILLS, City Clerk Approved this 12th day of July, A D 1897. Mayor.

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Ann Arbor Argus
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