PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS
Article 10.--PUBLIC IMPROVEMENTS
13-1011.Street and alley improvements; resolution; assessments; petition,
when; bonds; notice of assessment; cancellation of proceedings, when.
(a) When the governing body deems it necessary to grade, regrade or improve
any street, lane, avenue or alley, or any part thereof, within
the limits of the city, for which a special tax is to be levied, such
governing body shall by resolution declare the work or improvement
necessary to be done. Such resolution shall be published once in the official
paper of the city. If the
resident owners of more than 1/2 the property liable for
taxation therefor do not, within 20
days from the mailing of notice pursuant to subsection (f), file
with the clerk of the city their protest against the work or
improvement, the governing body shall have power to cause such work to
be done or such improvement to be made and to contract therefor and to
levy taxes as provided by law. The work may be done before, during
or after the collection of the special assessment.
(b) No provision of this act shall prevent the governing body from grading or
regrading any street, lane or alley or part thereof, and pay therefor
out of the general improvement fund of such city.
(c) In
all cities of the first class having a population of less than 30,000, the
governing body, when
it deems it necessary to be
done, and for the general welfare of such city, may by resolution,
regardless of any protest, order the whole or any part of any street
which extends from any other paved or macadamized street to any depot or
cemetery in or adjoining such city, or any street which extends from the
main business street or from the main business center of such city to
any depot or cemetery within or adjoining such city, or any street, not
to exceed four in number, which extends from the principal business
center of such city to and is connected with any main public highway
leading to or from such city to be
improved and shall have power to cause the improvements to be
made, to contract for the making of the same and to levy taxes to
pay the expenses of such improvements.
(d) The city at
large shall pay the expenses of grading or regrading such street or streets and all
expenses of the areas and intersections formed by the crossing of
streets and alleys and all crossings of streets and alleys and 1/3 of the
expenses of improving each block of such street or streets
between cross streets and of
improving along each
lot or piece of unplatted land adjoining such street or streets.
Two-thirds of the expense of improving any block in
such street between the cross streets, or any such street along an
unplatted lot or piece of land in such city, adjoining or abutting on
such street, shall be assessed to the adjoining property by special
assessment, and except as to the amount assessed against such adjoining
property, the adjoining property shall be appraised and assessed to the
extent and in the manner provided by law for paying the expenses of
improving streets and alleys in cities of the first class when protest may be
made. Such cities are authorized to issue improvement bonds in the
manner provided by law to pay the expenses of the
improvement.
In estimating the expenses of improvements for which the city
or adjoining property will be liable, the city shall deduct from the aggregate
expense of such improvements the amount or
proportion of the expense for the payment of which any street railway
company or other railway company will be liable. No street railway
company or other railway company shall be relieved by reason of this
act from any tax or assessment for which it is now liable under any
statute for any street improvement.
(e) In cities of the
first class having a population of over 30,000, no
resolution to pave, macadamize, grade, repave, remacadamize or
regrade any street, lane or alley shall be valid unless a petition requesting
such improvement has been filed with the city clerk, which petition must
be signed by the resident owners of not less than 1/2 the feet fronting
or abutting upon the street, lane or alley to be
improved. The feet fronting or abutting
upon such street, lane or alley owned or held by persons
who are not residents of the city shall not be taken into account in determining
the sufficiency
of any such protest or any such petition. In case of paving, such
petition shall state the width of the paving and the kind of material to
be used but shall not include the naming of the brand of
material or the name of the manufacturer thereof.
(f) Whenever any governing body has proceeded under this
section to grade, regrade or improve any street, lane, avenue or alley, or
any part thereof, the governing body shall ascertain before the contract
is let therefor the approximate cost of such improvement to the separate
tracts and pieces of land liable therefor. The city clerk shall
thereupon send by certified mail to the owners of such land, at the address
where the owner's tax statement is sent, a written notice of
the approximate amount which will be assessed against such land. The
governing body shall, within 30 days from the date of mailing such
notices, determine whether the approximate cost of such improvement
is unreasonable in comparison with the value of the tracts and pieces of
land liable therefor. If the cost is found to be unreasonable,
the governing body
shall cancel the proceedings theretofore taken for such improvements.
The failure of the owner to receive such notice or the inaccuracy of the
amount of the approximate costs shall not affect the validity of the
proceedings.
(g) As used in this section, "improve" means curb, gutter, pave, macadamize,
recurb, regutter, repave or remacadamize.
History: R.S. 1923, § 13-1011; L. 1951, ch. 150, § 1; L.
1957, ch. 109, § 1; L. 1968, ch. 229, § 1; L. 1981, ch. 173, § 34; July 1.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS
Article 10.--PUBLIC IMPROVEMENTS
13-1011.Street and alley improvements; resolution; assessments; petition,
when; bonds; notice of assessment; cancellation of proceedings, when.
(a) When the governing body deems it necessary to grade, regrade or improve
any street, lane, avenue or alley, or any part thereof, within
the limits of the city, for which a special tax is to be levied, such
governing body shall by resolution declare the work or improvement
necessary to be done. Such resolution shall be published once in the official
paper of the city. If the
resident owners of more than 1/2 the property liable for
taxation therefor do not, within 20
days from the mailing of notice pursuant to subsection (f), file
with the clerk of the city their protest against the work or
improvement, the governing body shall have power to cause such work to
be done or such improvement to be made and to contract therefor and to
levy taxes as provided by law. The work may be done before, during
or after the collection of the special assessment.
(b) No provision of this act shall prevent the governing body from grading or
regrading any street, lane or alley or part thereof, and pay therefor
out of the general improvement fund of such city.
(c) In
all cities of the first class having a population of less than 30,000, the
governing body, when
it deems it necessary to be
done, and for the general welfare of such city, may by resolution,
regardless of any protest, order the whole or any part of any street
which extends from any other paved or macadamized street to any depot or
cemetery in or adjoining such city, or any street which extends from the
main business street or from the main business center of such city to
any depot or cemetery within or adjoining such city, or any street, not
to exceed four in number, which extends from the principal business
center of such city to and is connected with any main public highway
leading to or from such city to be
improved and shall have power to cause the improvements to be
made, to contract for the making of the same and to levy taxes to
pay the expenses of such improvements.
(d) The city at
large shall pay the expenses of grading or regrading such street or streets and all
expenses of the areas and intersections formed by the crossing of
streets and alleys and all crossings of streets and alleys and 1/3 of the
expenses of improving each block of such street or streets
between cross streets and of
improving along each
lot or piece of unplatted land adjoining such street or streets.
Two-thirds of the expense of improving any block in
such street between the cross streets, or any such street along an
unplatted lot or piece of land in such city, adjoining or abutting on
such street, shall be assessed to the adjoining property by special
assessment, and except as to the amount assessed against such adjoining
property, the adjoining property shall be appraised and assessed to the
extent and in the manner provided by law for paying the expenses of
improving streets and alleys in cities of the first class when protest may be
made. Such cities are authorized to issue improvement bonds in the
manner provided by law to pay the expenses of the
improvement.
In estimating the expenses of improvements for which the city
or adjoining property will be liable, the city shall deduct from the aggregate
expense of such improvements the amount or
proportion of the expense for the payment of which any street railway
company or other railway company will be liable. No street railway
company or other railway company shall be relieved by reason of this
act from any tax or assessment for which it is now liable under any
statute for any street improvement.
(e) In cities of the
first class having a population of over 30,000, no
resolution to pave, macadamize, grade, repave, remacadamize or
regrade any street, lane or alley shall be valid unless a petition requesting
such improvement has been filed with the city clerk, which petition must
be signed by the resident owners of not less than 1/2 the feet fronting
or abutting upon the street, lane or alley to be
improved. The feet fronting or abutting
upon such street, lane or alley owned or held by persons
who are not residents of the city shall not be taken into account in determining
the sufficiency
of any such protest or any such petition. In case of paving, such
petition shall state the width of the paving and the kind of material to
be used but shall not include the naming of the brand of
material or the name of the manufacturer thereof.
(f) Whenever any governing body has proceeded under this
section to grade, regrade or improve any street, lane, avenue or alley, or
any part thereof, the governing body shall ascertain before the contract
is let therefor the approximate cost of such improvement to the separate
tracts and pieces of land liable therefor. The city clerk shall
thereupon send by certified mail to the owners of such land, at the address
where the owner's tax statement is sent, a written notice of
the approximate amount which will be assessed against such land. The
governing body shall, within 30 days from the date of mailing such
notices, determine whether the approximate cost of such improvement
is unreasonable in comparison with the value of the tracts and pieces of
land liable therefor. If the cost is found to be unreasonable,
the governing body
shall cancel the proceedings theretofore taken for such improvements.
The failure of the owner to receive such notice or the inaccuracy of the
amount of the approximate costs shall not affect the validity of the
proceedings.
(g) As used in this section, "improve" means curb, gutter, pave, macadamize,
recurb, regutter, repave or remacadamize.
History: R.S. 1923, § 13-1011; L. 1951, ch. 150, § 1; L.
1957, ch. 109, § 1; L. 1968, ch. 229, § 1; L. 1981, ch. 173, § 34; July 1.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS
Article 10.--PUBLIC IMPROVEMENTS
13-1011.Street and alley improvements; resolution; assessments; petition,
when; bonds; notice of assessment; cancellation of proceedings, when.
(a) When the governing body deems it necessary to grade, regrade or improve
any street, lane, avenue or alley, or any part thereof, within
the limits of the city, for which a special tax is to be levied, such
governing body shall by resolution declare the work or improvement
necessary to be done. Such resolution shall be published once in the official
paper of the city. If the
resident owners of more than 1/2 the property liable for
taxation therefor do not, within 20
days from the mailing of notice pursuant to subsection (f), file
with the clerk of the city their protest against the work or
improvement, the governing body shall have power to cause such work to
be done or such improvement to be made and to contract therefor and to
levy taxes as provided by law. The work may be done before, during
or after the collection of the special assessment.
(b) No provision of this act shall prevent the governing body from grading or
regrading any street, lane or alley or part thereof, and pay therefor
out of the general improvement fund of such city.
(c) In
all cities of the first class having a population of less than 30,000, the
governing body, when
it deems it necessary to be
done, and for the general welfare of such city, may by resolution,
regardless of any protest, order the whole or any part of any street
which extends from any other paved or macadamized street to any depot or
cemetery in or adjoining such city, or any street which extends from the
main business street or from the main business center of such city to
any depot or cemetery within or adjoining such city, or any street, not
to exceed four in number, which extends from the principal business
center of such city to and is connected with any main public highway
leading to or from such city to be
improved and shall have power to cause the improvements to be
made, to contract for the making of the same and to levy taxes to
pay the expenses of such improvements.
(d) The city at
large shall pay the expenses of grading or regrading such street or streets and all
expenses of the areas and intersections formed by the crossing of
streets and alleys and all crossings of streets and alleys and 1/3 of the
expenses of improving each block of such street or streets
between cross streets and of
improving along each
lot or piece of unplatted land adjoining such street or streets.
Two-thirds of the expense of improving any block in
such street between the cross streets, or any such street along an
unplatted lot or piece of land in such city, adjoining or abutting on
such street, shall be assessed to the adjoining property by special
assessment, and except as to the amount assessed against such adjoining
property, the adjoining property shall be appraised and assessed to the
extent and in the manner provided by law for paying the expenses of
improving streets and alleys in cities of the first class when protest may be
made. Such cities are authorized to issue improvement bonds in the
manner provided by law to pay the expenses of the
improvement.
In estimating the expenses of improvements for which the city
or adjoining property will be liable, the city shall deduct from the aggregate
expense of such improvements the amount or
proportion of the expense for the payment of which any street railway
company or other railway company will be liable. No street railway
company or other railway company shall be relieved by reason of this
act from any tax or assessment for which it is now liable under any
statute for any street improvement.
(e) In cities of the
first class having a population of over 30,000, no
resolution to pave, macadamize, grade, repave, remacadamize or
regrade any street, lane or alley shall be valid unless a petition requesting
such improvement has been filed with the city clerk, which petition must
be signed by the resident owners of not less than 1/2 the feet fronting
or abutting upon the street, lane or alley to be
improved. The feet fronting or abutting
upon such street, lane or alley owned or held by persons
who are not residents of the city shall not be taken into account in determining
the sufficiency
of any such protest or any such petition. In case of paving, such
petition shall state the width of the paving and the kind of material to
be used but shall not include the naming of the brand of
material or the name of the manufacturer thereof.
(f) Whenever any governing body has proceeded under this
section to grade, regrade or improve any street, lane, avenue or alley, or
any part thereof, the governing body shall ascertain before the contract
is let therefor the approximate cost of such improvement to the separate
tracts and pieces of land liable therefor. The city clerk shall
thereupon send by certified mail to the owners of such land, at the address
where the owner's tax statement is sent, a written notice of
the approximate amount which will be assessed against such land. The
governing body shall, within 30 days from the date of mailing such
notices, determine whether the approximate cost of such improvement
is unreasonable in comparison with the value of the tracts and pieces of
land liable therefor. If the cost is found to be unreasonable,
the governing body
shall cancel the proceedings theretofore taken for such improvements.
The failure of the owner to receive such notice or the inaccuracy of the
amount of the approximate costs shall not affect the validity of the
proceedings.
(g) As used in this section, "improve" means curb, gutter, pave, macadamize,
recurb, regutter, repave or remacadamize.
History: R.S. 1923, § 13-1011; L. 1951, ch. 150, § 1; L.
1957, ch. 109, § 1; L. 1968, ch. 229, § 1; L. 1981, ch. 173, § 34; July 1.