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HomeMy WebLinkAboutOrd1915-025 r------ I 2H2 I I i i I ~ , j' I I @, I . ~~- u~_~_:::-,,-=--:=::=:Z~U ~ -- (\---fj . ~ ~ _J<>-ce' ~'d'~ q,:".",--- ;,;.zt P/t:,~1 (:i!z:;,'7>-t.... /" L ,~/,r ~"-'? C- ;;I'-;H~';- ~ /;-::-:..,,<-~ 7,::; -{.",~ i--L;7' ";,-J;/2_c'r:::,c.~L r .: /.1.- -c. . /" -- - ~:;J<-'-~ c:;:'~""'--c.-~-C,-o~--~_'_' /7/""..,r'7"'-.e-<,-~,... / / / _-el/-C-cJ~/ _ /<<-V~./ ._~#-~ /~~r ~7<j ,-';;1/' 4cz:-//..--<:.... j-/' O:-:M'7 /j-;;;<-~-~:--'.u -~C-CL-T ~ f4- 63; _ / ~ .__,-4. _ , ,'__~... ..... -;"". ,"'''' _ .~Cl..(,-: "-- _.~,,_....-.----' 6# . ~~' <<i_'- Y ~_~,...4.;::--.:;..>~... -=~?- -I..--;r:;- h-'i<-".:;--~/''-~ , . ~0 -- '- ORDINANOE ~O. 25. An Ordinanoe to provide for making 100801 improvements and to levy speoial assessment~ on abutting property benefited there- '" .~ by. and for paying for the .ame or any portion thereof; To determine what work shall be done or improvement made at the expense. in part. of the owners of the abutting or proxi- mate property. and to provide the manner of making and oolleoting asse..ments therefor. and other matters pertaining thereto. , BE IT ORDAINED by the COMMON- COUNCIL of the TOWN of SEWARD. ALASKA: SECTION 1. All petitions for establishing or ohanging the grade of any street. the laying out, establishing, olosing. vaoa$- ing. .traightening, widening or improvement of any street. road or highway, or the laying out or opening any new street through . publio or pr1vat~ property, or the ourbing, or the laying of side- wBJ.ke upon any street, and for all publio improvements whioh involve the necessity of taking private property for publio use. or where any part of the cost or expense thereof is to be assessed upon private property, shall be made to the Common Counoil. SECTION a. All petitions for suoh publio improvements shall be signed by the owners of at least two-thirds (a/3) of the value , . of ,.the real estate abutting thereon, and shall sh~w the nJaber of the lot and blook owned by such signers, the oharaotor of the improvements, and upon what street or streets to be made. Suoh petition shall not be signed by any person exoept the bona fide owner or owners of such property abutting upon proposed impr~ve- mente. j SECTION 3. The Council shall take no action upon any \ -. 233 --~""""""~ f : 1 '.". / \ I , - ~&;-'.ll-4 f~ /, 7;te- ':;?,~ ,. ~) 0 ')d.J ~etition until the same ahall have been referred to the Municipal Attorney for the purpose of ascertaining whether the petition "- contains the requisite number of signatures of bona fide owners thereon. Should the Municipal Attorney report petition sufficient in all things, then the Council shall, before authorizing such work or improvements, refer the petition to the City Engineer with in- structions to establish a grade along line of proposed improve- ments and that he make estimate tot~l cost of same, together with detailed statement of character of work, material to be used and suoh othet information as may be of value to the Council. SECTION 4. Before grading, ourbing, laying of sidewalks, :.. or making other public improvement of any street, the cost of which is to be levied and assessed upon the abutting property benefited, the Ocunoil shall first pass a resolut ion declarj.ng its intention to make such improvement, and stating therein the name of the street OI streets to be improved, the points between Which the said improvementa are to be made, the character of the same, and the estimated cost thereof; and that two-thirds (2/3) of the coat and expense of the same is to be assessed against the property abutting thereon, and therein shall fix a time in which objections against such proposed improvement may be filed in the office of = the Municipal Clerk. It shall be the duty of the Clerk to cause such resolution to be published or posted as now provided for by ordinance, at least ten (10) days before the time fixed in such resolution by the Council for the filing of objeotions, and affidavit of suoh pUblioation or- posting shall be filed with the Clerk on or before the time fixed in such resolution for filing of objections, SECTION 5. If objections against the proposed improvements by the ownel'S of more than one-third (1/3) of the value of lots and lands abutting thereon be filed on or before the date fixed for such filing, the Council shall not proceed further unless - 2 - : :>41 five members of the Counoil shall vote to prooeed with suoh work. If no objeotions be filed, or if the required number of such objeotions be filed and five councilmen shall vote to prooeed with suoh work, the Counoil at its next regular meeting shall prooeed to enaot an ordinance for such improvements. Such ordinance shall provide that the improvements shall be made and that two-thirds (Z/3) of the cost and expense thereof shall be t~xed and assessed upon the abutting property, which coat and expense shall be assessed upon the abutting property in proportion to the amount of benefit derived from eaoh lot, respeotively. Provided, that suoh total assessment shall be for an a$ount which shall not exoeed two-thirds {2/3} the aotual oost and expense of the improvement, it being the true intent and meaning of this ordinance to make two-thirds (2/3) of the cost and expense of looal imprGvements payable by the property specially benefited thereby, notwithstanding the pro- oeedings of the Council, or other offioer or authority of the Town may be found irregular or defeotive. SECTION 6. After the Council shall be notified by the City Engineer of the oompletion and aooeptance of any improvement hereinbefore provided for, the Counoil, within ten (lO) days after such notification, shall levy an assessment upon all lots and parcels of land abutting upon suoh improvements to defray the ooets and expense thereof, which assessment shall become a lien upon all property abutting upon said improvements, and which said lien shall take precedence of all other liens exoept general tax liens. SECTION 7. After suoh levy so made by the Counoil as in the preoeding seotion provided, the Munioipal Clerk shall forthwith prooeed to make a speoial assessment roll and from the total oost and expense of said improvements, shall apportion among the owner or owners of lots or parcels of land abutting on said improvements their j~t and equal portion of such assessment aocording to the amount of benefi t derived from eaoh lot or parcel, respeotively. I. - 3 - ~----.---'------.-.-.-- ~'),4;~ Suoh speoial a.....m.nt roll shall show thereon the description of the lot or paroel of land affected thereby, the amount of the &aee.ement levied against .aoh lot or paroel, the name of the person by whom it was owned at the time of the taking effeot of the ordinanoe, ordering suoh improvements. If the name of the . owner thereof oannot be asoertained, then the improvements shall be a8.e88ed to the person olaiming the eame or in whoee possession or oontrol it i8. If the Clerk disoovers property for whioh he oan find no owner or claimant, or which 1s not in possession or oontrol of any person, then he shall a8sess suoh improvements to 'Unknown Owner,' Provided, that no mistake in the name of the o~er, claimant, person in poss...ion or in oontrol of property, shall render the ass.ssment invalid. SECTr OIl a. After the completion of the said speoial &88.8S- i~ ment roll the tlerk 8h~ll deliver the lame to the Oommon Council. At the time of auoh delivery he shall notify by post oard, eaoh and every property owner affeoted by suoh assessment and whose name appears upon suoh speoial &Ssessment roll, or hie or their agents or representatives. of the delivery of said roll to the Oommon Counoil, and the amount of the speoi&l assessment. The post oard shall aleo state a date and time and plaoe of meeting of the Common Council for the purpose of oonsidering objeotions there- ,to and ma.king oor-reotiona thereof. The date of euoh meeting of the Counoil for the purpoae aforesaid shall be at a time not less than ten (10) ~~ye from and aftar the delivery by the Clerk to the Council, of such speoial assessment roll. ~ SECTION 9. The COlUlllon Counoil shall meet as a Board of / Equaliz~tion at the date, time and pla.ce epeoified in the notice given by the Clerk, as provided in the preceding seotion, and shall oonsider all objeotions ooncerning such special assessment and maka suoh correotiona thereof as it sh~ll deem juut and p~oper. Provided. that in oaie speoial as.e..ments can be collected along - 4 - r ....- with the general tax, the Counoil may eleot to hear any objeotions and make suoh oorreotions thereof at the time set for meeting of Board of Equalization in ordinanoe oovering general taxes for sohool and municipal purposes, and the Clerk shall issue notioe aooordingly. SECTION 10. After oonsidering such objeotions and making oorreotions, if any, the Counoil shall then, by resolution, approve suoh speoial assessment roll) and levy and assess the ~ounts there- =of against eaoh lot and parcel of land, deolare the same a lien thereon, and shall direot the Clerk to deliver the roll to the Munioipal Tax Colleotor, upon reoeipt of whioh the said Tax Col- leotor shall prooeed to oolleot the same as other town taxes are - oolleoted. SECTION 11. It shall be the duty of the Clerk, upon the day of the passing of the resolution mentioned in last section, to publish for one week, a notioe in a newspaper published and printed in the Town of Seward, speoifying: First - That he has delivered the speoial assessment roll to the Tax Colleotor. Seoond - That unless payment is made within thirty days from the date of such notioe such speoial assessment shall become de- linquent, and that unless paid prior thereto, five (5%) per oent. will be added to the amount thereof. Third - The time and plaoe at whioh payment of special assess- ment may be made. ;" SECTION 12. At the hour of six (6) o'clook P.M., on the thirtieth (30th) day after the date of such notice, unpaid speoial assessments shall beoome delinquent and the Clerk must colleot ~bJreon for the use of the Town, an additional five(~%) per oent. SEOTION 13. All local improvements, the funds for the making of whioh are direotly or indirectly to be derived, in whole or in J part, from the ~ssessments upon the property benefited thereby, ' - 5 - -,- -T r , I , , .- :"'~ ~ i and suoh improvements as the Counoil shall by ordinanoe presoribe, shall be made by oontraot to be let to the lowest bidder therefor. Provided, however, where the improvements shall be made, upon signed petition of owners of two-thirds (2/3) in value of the property abutting thereon, and in said petition the signers thereof request that improvements made shall be done by day labor, the Counoil may use its disoretion as to whether or no the work shall be done by oontraot. Before awarding any suoh oontraot the Municipal Clerk shall cause to be published in a newspaper published in the Town of Seward, a notioe, for at least ten (10) days before the letting of such oontraot, inviting sealed proposals for suoh work, the plans and speoifioations whereof must at the time of the publioa- tion of suoh notioe be on file in the offioe of the Munioipal Engineer, subjeot to public inspection. Suoh notice shall state generally the work to be done and shall call for proposals for doing the eame, sealed and filed with the Clerk on or before the day and hour named therein. All bids shall be acoompanied by a oertified oheck payable to the order of the Municipal Treasurer for a sum not less than five (5%) per cent. of the amount of the bid; and no bid shall be considered unless aocompanied by such check. SECTION 14. At the time and place named, such bids shall be publicly opened and read before the Common Counoil. N'o bid shall be rejected for informality, but shall be received if it can be understood what is meant thereby. The Council shall proceed to determine the lowest bidder and may let such oontraot to suoh bidder, or, if in their opinion all bids are too high, they may reject all of them and readvertise, and in such case all checks shall be returned to the bidders; but if such contract be let, then and in suoh case all checks shall be returned to bidders, exce~t that of the suocess- ful bidder, whioh shall be retained until a contract be entered into for making such improvement between the bidder and the Town in ac- cordance with such bid. - 6 - '\ '<., 519 ~ " SECTION 15. In letting all contracts as hereinbefore pro"ded, thirty (30%) per cent. of the amount due the contractor on estimates shall be retained to secure the payment of laborers who have performed work thereon and material men who have furnished materials therefor; and such laborers and material men shall have thirty (30) days after the work has been completed for a lien on such thirty (30%) per cent. so reserved for labor done~and materials furnished, which lien shall be senior to all other liens, whether by judgment, attaohment or contraot; and no improvement shall be deemed oompleted until the Municipal Engineer shall have filed with the Clerk a statement de- elaring the same has been completed. Provided, however, if the contractor shall make and execute a good and sufficient bond to the Town of Seward in a sum of not less than one-third (1/3) the amount of the oontract prioe, conditioned that said oontractor will well and truly pay for all labor done upon and for all material furnished in such improvements, such bond may be accepted by the Common Council in lieu of the withholding said thirty (30%) per cent. on estimates. All ordinances or parts of ordinances in conflict are hereby repealed: This Ordinance shall take effect and be in full foroe from and after the date of ita passage and approval of the Common Counoil. Passed and approved by the Common Counoil this 2~d: day of JJfry , 1915. ~7~~ --E roc Po J?1 PresfdentAof the Council and ex-officio Mayor of Seward, Alaska. AtH~~ Municipal Clerk. - 7 - ! .