Taft Municipal Code Ch. 4 Street Improvements

This Chapter constitutes a separate and alternate procedure for the performance of public work and improvements, and/or sidewalks and/or other public property and rights of way, in which the whole or any part thereof is to be paid by special assessment upon the lands benefited, and for the levy and collection of such assessments. (Ord. 214 N.S., 1-17-1955)

The following words and phrases whenever used in this Chapter shall be construed as defined in this Section.

CITY ENGINEER: Shall refer to the Street Superintendent, in lieu of its usual meaning, whenever it is the duty of the latter to perform or have the care or charge of any improvement undertaken under this Chapter.

INCIDENTAL EXPENSES: Shall include administrative overhead, printing and advertising, supervision, expenses of making assessment, preparing and typing resolutions, notice and other papers and any other expenses incidental to the construction, completion, and inspection of the work. (Ord. 214 N.S., 1-17-1955)

All streets or property, or rights of way owned by the City or dedicated to public use, are subject to improvements under this Chapter and the Council is hereby vested with jurisdiction to order work to be done thereon under the proceedings described herein. (Ord. 214 N.S., 1-17-1955)

The Council may under the proceedings described in this Chapter, order any property mentioned in Section 2-4-3 hereof, to be improved or repaired, or have constructed or reconstructed therein, over or thereon, any of the following:

(A) Grading And/Or Paving: Grading or paving.

(B) Sidewalks: The construction or reconstruction of sidewalks, crosswalks, steps, safety zones, platforms, seats, statuary, fountains, parks, and parkways, culverts, ridges, curbs, gutters, tunnels, subways or viaducts.

(C) Sewers: Sanitary sewers or instrumentalities of sanitation, together with the necessary outlets, manholes, catch basins, disposal plants, connecting sewers, ditches, drains, conduits, tunnels, channels or other appurtenances.

(D) Drainage: Drains, tunnels, sewers, conduits, culverts, and channels for drainage purposes, together with necessary outlets, manholes, catch basins, disposal plants, connecting sewers, ditches, drains, conduits, channels and appurtenances,

(E) Lighting: Poles, posts, wires, pipes, conduits, tunnels, lamps, and other suitable or necessary appliances for the purpose of lighting streets, property or rights of way owned by the City.

(F) Fire Protection: Pipes, hydrants and appliances for fire protection.

(G) Flood Protection: Wall of rock or other material to protect the streets and other property in the City from overflow by water.

(H) Water Supply: Wells, pumps, dams, reservoirs, storage tanks, channels, tunnels, conduits, pipes, hydrants, meters or other appurtenances for supplying or distributing the domestic water supply.

(I) Retaining Walls: Retaining walls, embankments and other structures necessary or suitable in connection with any of the work mentioned in this Section.

(J) Other Work: All other work which may be deemed necessary to improve the whole or any portion of any street, property or right of way owned by the City; and all other work auxiliary to any of the foregoing, which may be required to carry out the same. (Ord. 214 N.S., 1-17-1955)

Before the Council may order any work to be done under this Chapter it must be petitioned to do so by the owners of property fronting on and/or to be benefitted by the improvement, as in this Chapter provided, and on form prepared by the Engineer. The petition shall contain an estimate of the cost of the work and shall apportion such cost among the lots and land or improvements, or both, fronting on and/or to be benefited by the improvement. (Ord. 214 N.S., 1-17-1955)

(A) If the apportionment is made on a frontage basis, each lot or parcel of land or residence fronting on the improvement shall be charged with its proportionment share of the estimated cost of the work based on the total frontage of property fronting on the improvement. If the apportionment is made on a district basis, the Engineer shall make a diagram of the property to be benefited by the improvement, showing the relative location of each lot or parcel of land or residence to the improvement, and, after estimating the benefits to be received by each such lot of land or residence from the improvement, shall charge such lot or parcel of land or residence with the proportion of the estimated cost which the estimated benefits accruing to such lot or parcel of land or residence bears to the benefits accruing to the whole.

(B) Where proposed improvement fronts on leased property and the improvements thereon are owned by another, such charge shall be made against the improvements thereon; and in such event the petition hereinbefore referred to shall be signed by the improvement owners. (Ord. 214 N.S., 1-17-1955)

(C) Whenever the work to be done or the improvements to be made under this Chapter consists of paving a public highway other than an alley and/or installing gutters, curbs, and/or sidewalks, thirty percent (30%) of the cost of such work or improvements, as apportioned to each lot or parcel of land may be paid by the City; provided, however, that in the case of corner lots of land, the side of which fronts on the work to be done or the improvements to be made, the City shall pay fifty percent (50%) of the apportioned cost of the work or improvement. Such contribution may be made by the City entirely out of gasoline tax funds, except that in the case of sidewalks, funds other than gasoline tax funds shall be used. (Ord. 248, 4-7-1958)

No petition for any work to be done under this Chapter shall be considered by the Council unless it is signed by the owners of at least sixty six and two-thirds percent (662/3%) of the frontage of the property fronting on the proposed improvement, or where the apportionment of the cost is made on a district basis by the owners of at least sixty six and two-thirds percent (662/3%) in area of the property to be benefited by the improvement, nor shall such petition be considered by the Council unless the owners of the minimum frontage or area of property, as the case may be, shall have paid to the Treasurer the proportionate share of the estimated cost of the improvement charges to such property shown in the petition, and the petition shall not be submitted to the Council without a certificate of Engineer and Treasurer endorsed thereon certifying that the requirements of this Section have been complied with. (Ord. 214 N.S., 1-17-1955)

Whenever sidewalks, curbs and/or gutters or other street improvements have already been installed in a given City block, a block being the same as a block defined as such on the official map of the City, based on the footage abutting on or fronting on the improvement, the Council may initiate proceedings for street improvement on the unimproved portion by: a) inviting or soliciting the property owners to file a petition for an order of the Council directing the improvements under the provisions of this Chapter, or b) initiating proceedings on its own motion but otherwise complying with the provisions governing notice of hearing protests, publication of notice, public hearing and the other provisions of this Chapter as may be applicable. (Ord. 247, 2-3-1958)

(A) The sum of money which petitioning property owners are required to pay as hereinbefore provided may be paid in maximum installments of twenty percent (20%) down (before work is started or contract let) twenty five percent (25%) thirty (30) days after notice of completion has been filed with the Treasurer by the Engineer, and not less than five percent (5%) each month thereafter until fully paid, and provided that the improvement has been approved by the Council, and provided that the Treasurer has received an installment agreement covering the balance due and a lien agreement upon the property to be benefited by the improvement executed by the owner thereof to secure the payment of the balance, together with an additional charge of five dollars ($5.00) for recording the lien agreement and administering collection of the installment payments.

(B) The installment payment herein provided shall not apply where the share or balance thereof is less than seventy five dollars ($75.00). (Ord. 214 N.S., 1-17-1955)

Installment and lien agreements shall be approved by the Attorney. Deferred payments shall bear no interest before delinquency and all foreclosure costs or other costs paid out by the City in protecting its security. (Ord. 214 N.S., 1-17-1955)

If the Council finds that the petition is signed by the owners of all the property fronting on the proposed improvement, and that moneys have been deposited either in full or by the installment methods as hereinbefore provided, it may pass a resolution ordering the proposed improvement and no further proceedings shall be necessary under this Chapter. (Ord. 214 N.S., 1-17-1955)

If the Council finds and determines by unanimous vote, that the petition is signed by the owners of not less than sixty six and two-thirds percent (662/3%) of the frontage or area of the property fronting on or to be improved by the proposed improvement, as the case may be, that the required payments have either been paid in full or by installments as herein provided, and that public convenience and necessity require such improvement, it may pass a resolution of intention to do the proposed work, describing the character of work to be done and identifying its location. (Ord. 214 N.S., 1-17-1955)

The resolution of intention shall be deemed sufficient if it stated in general terms the class of work proposed and the general location of same and refers to the specifications and detailed drawings on file with the City. In addition the resolution of intention shall contain a notice of time and place, which time shall not be less than ten (10) days nor more than thirty (30) days from the date of passage of resolution, and at which time any person may appear and show cause why the proposed improvement should not be carried out. The resolution shall be published at least once in a newspaper of general circulation not less than five (5) days prior to the date of the public hearing set forth in the resolution of intention. (Ord. 214 N.S., 1-17-1955)

After the adoption of the resolution of intention and not less than five (5) days before the day set for hearing protests, the Engineer shall cause to be conspicuously posted along the line of the contemplated work at not more than three hundred feet (300') apart but not less than three (3) in all notices of the passage of the resolution, but no proceedings shall be held invalid if this Section is substantially complied with. (Ord. 214 N.S., 1-17-1955)

The Clerk shall cause to be mailed to each lot owner or parcel of land at the address shown by the last assessment rolls a notice of the passage of the resolution of intention not less than five (5) days before the day set for hearing protests. Such notice shall be conspicuously headed "Notice of Assessment", and described briefly the work proposed. Affidavits of publication, posting and mailing shall be filed in the office of the Clerk. (Ord. 214 N.S., 1-17-1955)

The Council shall proceed to hear all protests at the hearing or adjournments thereof and its decision shall be final. (Ord. 214 N.S., 1-17-1955)

If no objections or protests have been made up to or prior to the hearing or if same have been found by the Council to be insufficient and denied, the Council shall immediately thereupon acquire jurisdiction to order the proposed work to be done and may pass a resolution ordering such in accordance with the provisions of this Chapter. (Ord. 214 N.S., 1-17-1955)

Upon completion of the work, the Engineer shall compute the actual cost thereof, including incidental expenses. (Ord. 214 N.S., 1-17-1955)

Those lots or parcels of land fronting on or benefited by the improvement, the owner of which have not made payments to or entered into installment and lien agreements with the City as provided herein, shall be assessed their proportionate share of the actual cost of the improvement. (Ord. 214 N.S., 1-17-1955)

The Engineer shall provide a suitable record book entitled "Assessments and Liens for Public Improvements". Entries shall be made in such book the name of the owner of the property assessed, a brief description of the improvement, a description of the property assessed as the same appears on the Assessor's rolls, the amount assessed against the property, the date of assessment, the penalty for delinquency, and the payment thereof, the total amount charged against such property at the date of sale thereof, the date of sale, the name of the purchaser at the sale, the date of the redemption, the name of the redemptioner, the amount paid to redeem, and the date of deed or certificate of sale to the City. (Ord. 214 N.S., 1-17-1955)

After the assessments have been entered in the record book as provided in the preceding Section, the Engineer shall give notice of the filing of assessment. Such notice shall be published at least once a week for two (2) weeks in a newspaper of general circulation, and shall state that any property owner affected by, or interested in, the assessment or proceeding resulting in the same, may file a protest in writing with the Clerk within thirty (30) days after the first publication of the notice. Such published notice shall state that the assessment shall become delinquent if not paid within sixty (60) days after the first publication of the notice, and that there shall be added to the assessment a penalty of ten percent (10%) thereof, plus interest at seven percent (7%) from date of delinquency. (Ord. 214 N.S., 1-17-1955)

After the Council has passed upon all objections as heretofore provided or time for filing protests has expired, the Engineer shall deliver to the Clerk the record of assessment. (Ord. 214 N.S., 1-17-1955)

The amount of the assessment made in accordance with the provisions of this Chapter shall become a lien against the property so assessed as of the date of the entry in the record book hereinbefore provided, and shall thereupon become due and payable to the City. No lien herein provided for shall be extinguished until the amount thereof is paid in full. (Ord. 214 N.S., 1-17-1955)

Any action contesting the validity of an assessment made under the provisions of this Chapter must be preceded by an appeal to the Council, and must be commenced within thirty (30) days after determination of the Council on such appeal. (Ord. 214 N.S., 1-17-1955)

If the assessment is not paid within sixty (60) days after the first publication of the notice of assessment, the assessment shall become delinquent and a ten percent (10%) penalty added thereto, plus interest at seven percent (7%) from the date of delinquency. (Ord. 214 N.S., 1-17-1955)

In the event the assessment is not paid within one year after it has become payable, the Clerk shall publish a notice in a newspaper in the City, setting forth the fact that the property on which the assessment is a lien was assessed, name of the owner, amount of assessment, penalty and interest and that on the first Monday in the month next succeeding such publication, the property in question will, at the hour of ten o'clock (10:00) A.M. of the day, at the office of the Clerk, by operation of law, be sold to the City for the amount of the assessment lien, plus penalty, interest and cost of publication. The Clerk shall cause to be mailed at least fifteen (15) days before the sale, a copy of such notice to the owner of each lot or parcel of property to be sold. On the date of sale the property shall be sold and the Clerk shall enter in the record book, the date of such sale, the amount for which the property was sold, and that the property was sold to the City. (Ord. 214 N.S., 1-17-1955)

Property sold for unpaid assessment may be redeemed at any time within one year from the date of sale by paying the City the amount for which the property was sold, plus interest at the rate of seven percent (7%) from the date of sale. If the property remains unredeemed at the expiration of one year, the Clerk shall execute a deed to the City, with appropriate recitals in such deed. (Ord. 214 N.S., 1-17-1955)