An Ordinance Relative To Street Paving

The Common Conncil of the City of Ann Arbor ordaine: Sec. 1. Streets, or parts of streets, may be ordered to be graded and paved by resolution of the Comruon Conncil, on petition of parties owning a majority of the property fronting on the line of such street, or part thereof proposed to be paved. Snch petition shall pray generally that the street, or a specified part thereof, be graded and paved. Sec. 2. When a street, or part thereof, is ordered to be graded and paved, the resolution shall deolare generally that it is ordered that the street, within 8pecified limits, be graded and paved and shall direot what kind of pavernent shall be advertised for, and that for the purpose of assessment todefray the expense of suoh improvernent, the lots and parcels of real estáte situated upon snch street, and frontiug on. the portion thereof ordered to be improved shall constitute a local assessment district; or two or more assessment districts may be thus established, of not less extent that one blook each, in the discretion of the Council. Sec. 3. The City Engineer npon the passage of the resolution establishing a local assessment district, as provided in section two, shall forthwith proceed to ascertain the quantities of the work and material reqnisite to the improvement so ordered, and estimat9 and apportion the expense of the constraction thereof per front foot and of inspecting the work during its progress, and shall make a report of the same to the Commou Counoil. Sec. 4. The report of the City Engiueer shall be referred to a comniittee of the Comtnon Council, which shall raake dne inquiry relating thereto, and after heariug all persons interested tberein, appenring aud desiring to be heard, shall ruake a report thereon to the Common Couucil ; and the Common Council shall, if the cnustrnction of auy such pavernent sh'ill still be deemed expedieat, order and direct the Board of Publio Works to canse any such parement to be constructed and shall fix and determine the district to be assessed aud oharged with thecostand expense of the construction of the sama per front foot, excepting street intersections and crossings, and excepting also one-flfth of the balance of the entire cost of the ooDStruction of any such pavement, which together with the said street crossiDgs, and intersections shall be paid by the city and wbioh shall be a charge on and agaiust the general street fund, and which resolntiou of the Common Conncil shall be certified by the City Olerkto the Board of Public Works and the City Assessor respectively. Sec. 5. That after the certification of any such resolutiou to the City Assessor, the City Assessor shall without delay proceed to inake, fill out and complete a special assessment roll, wherein and whereon he sball set down, alphabetically arranged, the names of all the owners or oocupants of the land contained within any snch special assessment district, and all of the lands sitúate therein, well aud sufficiently described, and shall estímate aud determine the number of feet frontage of each parcel thereof. That after the oompletion of any special assessment roll, the said City Assessor shall attach nis certifícate thereto and certify the said assessment roll to tbe Common Council, whereupon the Common Conncil sball fix and appoint a time when sitting as a board of review the said sessmeut roll shall be reviewed, and the said Conimon Council shall give at least seven days' cotice thereof by publication in the offioial newspapers of the city. The Cornruon Counoil 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 such special assessment roll. The CommoB Conncil sitting as such board of review shall have power and autbority to change any description of land contained therein, and tbc foot froutage thereof, and to add thereto lands omitted therefroru, and to do and perforrn any other act or thing whatever in and about any such special assessment roll, to the end that every such special assessment roll shall be made just, true and fair; that any persou interested therein may be heard in person, by his aeent or attorney, and all matters of complaint shall be duly considered, and after any such snftnial assessment roll shall have been dnly considerad, the board of review shall approve or reject the same, and shall oertify tbeir determination to the Cornmon Couocil, and the Common Counoil at tbat meeting or the next meeting, sball confirm any such speoial assessment roll so approved by the board of review, and shall order the sum o sums of money flxed and deterinined upon as the estimated cost of any suoh street pavement, street crossing and in terseotiou exoepted, and one-fifth o the balance of the cost also excepted to be assesaed and spread upon an such special assessment roll and on an upou each and every of the regular an nual assessment rolls in saidcity ior the year in and during whioh any snch special assessment shall or may be payable, and levy the assessment against the owners or occnpants 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 valned npon any snoh speoial assessment roll as per front foot as aforesaid and shall oertify the said special assessment roll and order a resolution of assessment to the City Assessor. Sec. 6. After any such speoial assessrnent roll aud order of assessment shall be certified to the City Assessor, the City Assessor shall without delay proceed to spread the snta or soms of money ïneutioned in any snch order of asssessruent npon any suoh assessment roll, aud assess the same against tbe persous therein named and against the lauds mentioned tberein, accordiug to the foot frontage thereof, as mined by the board of review, and thereafter shall make a true nopy thereof and oertify the said assessment roll to the City Treasnrer, who shall have and retain the cnstody of the saine, and the taxes so spread on and assessed npon any sucb aseessinent roll and levied against the landsdescribed tlferein shall be and remain a valid tax and obarge against the owner and against the lands mentioneil therein nntil paid. The said taxes shall become dne and payable in fonr equal ánnual installments; the first iustallnient in the month of Jnly, along with the city taxes nest after any such assessruent roll shall have been confirme, and annnally thereafter nntil fnlly paid. All of the said taxes sball draw annnal interest from the date of the confirmation of any snch asessment roll at the rate of five per cent per annurn nntil 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 payment at any time after sncb assessment roll shall have been certified to the City Treasurer, with interest from the date of oonfirmation only. The City Assessor shall retain a copy of eaoh assessment roll in his office. Sec. 7. That OD the thirdMonday jd June in eaoh and every year in whioh any such paving tax Bhall remain unpaid and be due and payable, the City Treasurer shall proceed to the City Assessor 's offioe and togetherwith the City Assessor shall stamp or mark "paid" on the oopy of every suoh assessment roll nll of the paid pavement taxes due and payable in and dnring that year, and the City Treasurer sball report all nnpaid pavement taxes then due aud payable; and the Corumon Counoil shall on the fourth Monday in June in eaoh year certifyto the City Assessor, aloiïg with the other city taxes to be assessed, all uupaid and payahle pavemen taxes aud all money required to be raised for the constrnction of all pavemeDtsfor the way current year aud also in a general then a desoription of the lands by refereuce to the uuniber of the pavement district to be taxed therefor ; aud the City Assessor shall tbereupon spread upon the general city tax roll of tbat year all such sums of money so remainiug nnpaid and payable, and so required to be raised for tbe ooustructiou of any such pavement, all such pavement taxes to be carriedout and ontered in a separate column on said general tax roll with the interest thereon as aforesaid, the ;ax iu one column and interest thereo n n another column, the general city tax olí to be properly ruled and printed or that purpose, and such columns to 8 entitled respectively, "Pavement ax" and "Interest on pavement tas." kná the snm or sums of money so set own and spread npon any such general ity tax roll, shall be, remain and coninne a valid debt, demand and tax gainst the person, and a valid debt, emand and tax on and against the land o assessed as aforesaid, until fully paid ; nd sball be certified to the City TreaBrer and collected in the same manner s the other taxes set down and spread pon such general tax roll are, shall r may be oollected. Sec. 8. After any suoh resolution to onstrnct any paveaient shall have been ertified to the Board of Public Works, he Board of Public Works shall proeed without delay to obtain all necesary information, maps, estímate?, jlans and specifications ior the contruotion of suoh pavement, and shall advertise for tenders for the constrncion thereof, and shall report the sanie o the Common Council, which may direct said board to contract with suob of the lovvest responsible bidder or bidders, reported by the board, as it sball see fit; or direct further advertisernent 'or the same in its discietion and then direct said board to contract with suoh owest bidder, for such kind of pavement as is deerued expedient to adopt lor the improvement. Sec. 9. Upon the passage of the resolution directing the Board of Public Worbs to enter into oontraot for the constrnction of any pavement, the Board of Pnblic Works shall forthwith proceed ;o euter into oontract with tbe party desiguated theruin, and take sufficient seonrity for the faithfnl performance of lis oontract. The contractors shall do all the work and furnish all of the material, and all contracts shall contain provisions reqniring snch pavements to be construoted of first olass material and workmanship and undtr the direotion and to tbe satisfaction of the Board of Public Works and the inspector of pavement and shall reqnire all work to be completed at a speoified time and without unreasonable delay. All contracts and bonds for the faithful performance thereof shajl be reported to the Common Council for confirmation and approval. Sec. 10. The Board of Public Works may appoint an inspeotor of pavements to snperintend the improvement in any looal assessment district formed nnder this ordinance, whose duty it shall be to superintend the work on suoh improvement and tu see to it that all tbe specifications of the contract for the work are complied with, under the direction of the Board of Publio Works. Such inspeotor may be discharged in the discretion of the Board of Public Works and his compensation shall not exceed the rate of three dollars per diem of ten hour work, and to be paid out of tbe city treasnry, and out of the aseessment on tbu local assessment district upon which he is employed. Said inspector at tbe request of the Board of Public Works shall report the progresa of tbe performance of the contract in sections, as required from time to time, to the end that payment niay be made by in stal! men ts as the work progresses. Provided, that the City Engineer, in the disoretion of the Common Connoil, and by its direction may be reqnired to perform the duties of inspector of pavenients. Sec. 11. Pavements and all proceedings relating tbereto shall be designated by consecutiva uumbers in the order of the date of the passage of the resolution requiring construotion. Sec. 12. After tbe final deterinination of the Common Council to oanse any suoh pavenient to be oonstrnoted, and after tbe Board of Public Works shall have concluded the oontract for the constrnctioo thereof, and the same has been ratified by the Common Conncil, the Mayor and City Clerk shall exeoute nnder their hands and the seal of the city, bonds of the City of Ann Arbor payable to bearer in fonr eqnal anniial installruents, annnally on or before the flrst day of Maroh thereafter, with interest at the rate of five per cent per annnm, payable annnally, in som or soms eqnal in amonnt to the estimated oost of the constrnction of any such pavement. All such bonds shall be known as pavement bonds and issued in series, conforming to the number of the pavement on account of whicn any suoh bonds shall have been issued, and the City Clerk shall deliver the sanie to the City Treasurer, but no more tban forty thousand dollars in amount of any such bonds shall be outstanding at any one time. Sec. 13. Whenever any snch bonds shall have been delivered to the City Treasurer, he shall -withont delay prooeed to sell the same for the be6t price obtainable, but none of said bonds shall be sold for less than the face value thereof. Sec. 14. The City Treasurer shall keep strict account of all the moneys so received on the sale of euch bonds, and each of the said pavements shall have in the Treasurer's account a separate fund devoted thereto1; and all the moneys obtained on the sale of bonds shall be applied to the payment of the cost and expenses of the oonstruetion of the particular pavement for which the same was issned, and all taxes paid on account thereof shall be devoted and applied to the payment of such pavemeut bonds; and if there sball be any surplus moneys arising on the constructiou of any snch pavement, the same sball be applied to the payment of such pavement bonds and to the refundiug of a per cent of all such pavement taxes which inay have been paid in full, equal to the per cent of any such surplus, and a som of money equal to the per cent of any such surplus shall be remitted and rleduoted from the last installment of any such tax thereafter to be paifl and oollected; and if there shall be a deficieníy, that is to say, if the estimated cost shall prove to be less than the actual oost, then an additional assessment shall be levied and collected to make good and cover any such deficiency. Sec. 15. Whenever the Common Council shall determine that a streef staall be paved in the city of Ann Arbor, it shall be the duty of the Board of Public Works to serve or canse to be served a written or partly written and partly printed notice npon each and every one of the owners, occtipants or agents of the property along the line of suob street where sueh pavements are proposed to be laid requiring him, her or them, within thirty days f rom the date of snch notioe, to make connections with the main víater and gas pipes and sewers that may be laid in said streets except where snch connections have already been made. Sec 16. If along the line of snch stieet there is any vacant or unocoupied lot, lots or preruises, and the owner, owners, agent or agents thereof cannot be conveniently fonnd, the eaid Board of Public Works shall post such notice, as aforesaid, iu some conspiouons place ïpon said lot, lots or premises. Sec. 17. In case of defanlt or neglect on the pait of any owner, occupant or agent, to connect ■with tbe service pipe and sewers as aforesaid, or in oase the notioe posted on any vacant or unocetmitíd lot. lots or rjreraiees, shall fail to come to the notice of the owner, owners, agent or agents thereof, and f snch uotice has expired, or if said i er, owners, or agents shall not within thirty days make said connections, the city shall then canse snch connections to be made, and tbe expenses thereof shall be assessed upon the property for the benefit for whioh connection was made, and such assessment shall be a lien upon the said property nntil paid, and snch lien sball have the same forcé and effect as is providei in case of other special assessments. Sec. 18. This ordinauce sball take effect and be in foioe from and after the 26th day of Jnly, A. D. 1897. Passed in Common Council, this 7th day of Jnly, A. D. 1897. GLEN V. MILLS, City Clerk. Approved this 12th day of Jnly, A. D. 1897. Mayor.