[Sections 50 thru 68 have been Amended - Resolution #249]
Section 50.
No improvement of any street can be undertaken or made without notice being first given as provided in Section 69 and served by the marshal on the owners of all property within the limits of the proposed improvement, which notice must be given by the recorder, by order of the council and must specify with convenient certainty the street or part thereof to be improved; in general the kind of improvement to be made; that the costs thereof will be assessed to the property abutting thereon; and the time when the council will hear and determine objections and remonstrances thereto if any. Such personal service shall be made at least five days before the time set in the notice for the meeting of the council to hear and determine said objections and remonstrances.
Section 51.
The council, at the time specified in said notice, or at such other time as they may adjourn the meeting to, shall hear and determine all objections and remonstrances which may be made by the adjacent property holders, and after said hearing the council shall determine by resolution whether the proposed improvement as specified in said notice shall be made or not. If the council resolve to make the said improvement, then it may, at its earliest convenience, and within six months of the date of the said resolution, commence to make the said improvements in the manner as follows:
Section 52.
The council shall declare, by ordinance, the streets and parts of streets to be improved, as set out in the notice of the proposed improvements provided for in Section 50, the manner in which the improvement shall be made, and the time for the completion thereof.
Section 53.
The council shall ascertain and determine as nearly as possible the cost of the proposed improvement, and a notice shall be given by the recorder, by order of the council, by five days personal service of such notice by the city marshal on all of the owners of property within the limits of the improvements; which notice shall contain the amount of the estimated cost of the said improvement; the street, or part thereof, within the limits of such improvements; that the council will hold a meeting specifying the time and place thereof, for the purpose of apportioning the cost of such improvement, and assessing on each lot, or part thereof, or each tract of land liable therefor, its proportionate share of such cost, and each lot or part thereof, or tract of land within the limits of such street improvement, shall be liable for the full cost of making the same upon the half of the street in front of and abutting thereon; Provided, all crosswalks and intersections of all streets shall be improved at the expense of the city and paid for out of the general fund.
Section 54.
At the time and place specified in the notice required to be given in the preceeding section, or at such other time to which the council may adjourn said meeting, the council shall hear and determine objections and remonstrances to the apportionment or assessment of such cost, and if such objections be overruled, or there be no objections, then shall proceed to apportion such costs, and to assess by resolution each lot or parcel of ground with its proportionate share of such cost, which assessment shall be final and conclusive; and the council shall direct the recorder to enter a statement of such assessment in the docket of city liens, as provided in the next section.
Section 55.
The docket of city liens is a book in which must be entered the following matter in relation to assessments for the improvement of streets:
Section 56.
The "Docket of City Liens" is a public writing, and from the date of entry therein of any sum assessed upon a lot, or part thereof, or tract of ground, the sum so entered is to be deemed, and is hereby declared to be a tax levied and a lien thereon; which lien shall have priority over all other liens or incumbrances thereon whatsoever.
Section 57.
The council shall advertise for bids for the completion of any street improvements, for ten days, and the work must be let to the lowest responsible bidder, for either the whole work necessary to complete the improvement, or such subdivision thereof as will not materially conflict with the completion of the remaining portion; and a bid by the owner of property for his own improvement must be accepted if the same is as low as any other bid, and the work can be so divided without injury to the adjacent or other property. The council may provide for the rejection of any and all bids when deemed unreasonable or unsatisfactory; and may provide by resolution for taking bond for the faithful performance of any contract let under its authority, and the amount of such bond, and the provisions thereof may be enforced in the name of Falls City; but if no bids be received for the improvement or any part thereof, as advertised therefor, or the bids received shall not be satisfactory, the council may, in its discretion, call for other bids as in the first instance, or it may by resolution direct the street commissioner to have such improvement made by hiring teams or laborers, or both, and such vehicles or laborers shall be paid by warrant on the street fund of the city.
Section 58.
If, upon the completion of any improvement, it is found that the sum assessed upon the lot or part thereof, or any parcel of ground, is insufficient to pay the cost of said improvement, on said lot or part thereof, or parcel of ground, the council must ascertain the deficit and after due notice to the owner thereof, as provided in section 53 hereof for the original assessment, shall assess such deficit against such lot or part thereof, or parcel of ground, in the same manner as the original assessment; and, when so assessed, the recorder shall, by order of the council, enter the sum of the deficit so assessed in the docket of city liens, in a column reserved for that purpose in the original entry, with the date thereof; and such deficit shall thereafter be a lien upon such lot or part thereof, or parcel of ground, as in the case of the sum originally assessed, and shall be payable and may be collected in like manner and with like effect as in the case of the original sum so assessed. If, upon the completion of any improvement it is found that the sum assessed therefor upon any lot or part thereof, or parcel of ground, is more than sufficient to pay the cost thereof, the council must declare the surplus in like manner as in case of a deficit; and when so declared it must be entered as in case of a deficit in the docket of city liens, and thereafter the person who paid such surplus, or his legal representatives is entitled to repayment of the same, by warrant on the street fund of the city. All moneys assessed for the improvement of a street, including a deficit, from the time of being entered in the docket of city liens, shall bear interest at the legal rate until paid or collected.
Section 59.
All money paid or collected upon assessment for the improvement of streets shall be kept in a separate fund, and in nowise used for any other purpose whatever; Provided, if the council shall have transferred money from some other fund temporarily to such street fund, then the same may be returned to such other fund, by resolution of the council.
Section 60.
Proceedings shall not be commenced for the collection of a sum of money assessed for the improvement of a street until, by order of the council, ten days' notice thereof is given by the recorder, or ten days personal service of such notice by the city marshal. Such notice must substantially contain the matter required to be entered in the docket of city liens concerning such assessment; and that proceedings will be commenced for collection of the same if not fully paid within the time specified in such notice. If within five days of the expiration of the said ten days, as required by this section, the sum of money assessed upon any lot or part thereof, or parcel of ground, be not wholly paid to the city marshal, together with the interest thereon from the date of such assessment to the time of payment, and a duplicate receipt therefor filed with the recorder, the council shall, by resolution, declare the same delinquent, and may thereupon or thereafter order a warrant for the collection of the same to be issued by the municipal judge directed to the marshal or other person authorized to collect delinquent taxes due the city.
Section 61.
The style of the warrants provided for in section 60 shall be "In the name of Falls City," and it shall have the force and effect of an execution against said real property for the amount of said assessments, with interest and cost, and shall be executed in the manner provided in the general laws of this state for such executions, except as in this act otherwise specifically provided. It must require the person to whom it is directed to forwith levy upon the lot or part thereof, or parcel of ground, upon which the assessment is unpaid, and sell the same in the manner required by law, and return the prodeeds of such sale to the city treasurer, and the warrant to the municipal judge, with his doings indorsed thereon, and specifying the amount for which each lot or part thereof, or parcel of ground, was sold, and the name of the purchaser, together with the receipts of the city treasurer for the proceeds of such sale as paid to him.
Section 62.
The person executing such warrant shall immediately make a deed for the property sold thereon to the purchaser, and must express therein the true consideration thereof, which is the amount paid by the purchaser, and stating that the same is made subject to redemption as provided in section 63, which deed conveys to the purchaser all the estate or interest therein of the owner, whether known or unknown, and those holding under him, together with all the rights and appurtenances thereunto belonging.
Section 63.
At any time within three years from the date of such sale, the owner, or his successor in interest, or any person having a lien by judgment, decree, or mortgage on the property, or any part thereof separately sold, may redeem the same by payment of the purchase money and fifteen per cent additional, if paid within one year of the date of sale; the purchase money and twenty-five per cent additional, if paid within the second year; the purchase money and thirty per cent additional, if paid within the third year; together, in all cases, with any tax or assessment which the purchaser may have paid upon the property.
Section 64.
Whenever a purchaser, or those claiming under him, refuses to convey to the person entitled to redeem, such person may enforce a conveyance thereof by a suit in equity as for a specific performance of a contract to convey real property, and such suit may be maintained against absent persons or parties without proof of tender of the money or offer to redeem, if the plaintiff bring such money into court and offer to redeem.
Section 65.
A redemption discharges the property from the effects of the sale for the assessments. If made by the owner or his successor, the estate in the property is thereby restored to such owner or successor; but if made by a lien creditor, the amount paid for the redemption is thereafter to be deemed a part of his judgment, decree, or mortgage, as the case may be, and shall bear like interest and may be enforced and collected as part thereof.
Section 66.
When an assessment on any lot or part thereof, or parcel of ground, becomes delinquent, any person having a lien thereon by judgment, decree, or mortgage, may at any time before the sale of such lot or part thereof, or parcel of ground, pay the same, and such payment discharges the property from the effect of the assessment; and the amount of such delinquent assessment and all accruing costs and charges, if any, when so paid, is thereafter to be deemed a part of such lien creditor's judgment, decree, or mortgage, and shall bear like interest, and may be enforced and collected as part thereof.
Section 67.
Whenever any lot or part thereof or parcel of ground sold under this act for delinquent street assessment shall bring more than the amount of the assessment thereon, with interest and costs and charges of collection, the surplus must be paid to the treasurer, and the person executing the warrant must take a separate receipt for such surplus, and file it with the recorder on the return of the warrant. At any time thereafter, the owner, or his legal representatives, is entitled to a warrant on the treasurer for such surplus; and whenever any lot or part thereof, or parcel of ground, so sold, shall bring less than the assessment thereof, the council shall supply the deficiency from the general fund of the city. Provided, that in case the amount bid for any lot or part thereof, or parcel of ground so sold, shall be less than the amount assessed thereon, and the cost of collection, the mayor may, in his descretion, bid the amount of such assessment and costs of collection, and buy the same in the name of "Falls City," and the deed thereof shall be made to the city in like manner as a private purchaser thereof, and the amount bid thereafter shall be paid out of the general fund of the city.
Section 68.
Whenever any lot or part thereof, or parcel of ground, is sold for delinquent assessment for street improvement, and afterward resold for a deficit in such assessment, as in this act provided, to any other than the purchaser at the first sale, or his successor, such purchaser or successor, for the purpose of making redemption from the purchaser at such resale is to be deemed an owner within the meaning of this act.
Section 69.
The city council is authorized and empowered to repair or clean any street, alley, sidewalk, or pavement, or any part thereof, which shall be in such condition as to be unsafe or dangerous to vehicles, teams, or persons passing over it, or shall be detrimental to the health or cleanliness of the city, or in the opinion of the council needs repairing or cleaning; and to determine, by resolution, before doing so, whether the cost thereof shall be paid out of the general fund of the city or shall be assessed upon the adjacent property. If to be made at the cost of the adjacent property, the City Marshal, by order of the council, shall notify the owner of the adjacent property in effect, to begin such repair, cleaning of the street, alley, sidewalk, or pavement, or such part thereof as may be ordered repaired or cleaned, within five days of the service of such notice, and continue the work of repairing or cleaning the same with reasonable diligence until completed; which notice shall be in writing, and shall specify with convenient certainty the street, alley, sidewalk, or pavement, or portion thereof, needing such repair or cleaning. If the owner of the adjacent property be unknown, a copy of such notice shall be posted upon the lot or parcel of ground adjacent to such needed and proposed repairs or cleaning; and if the owner be known and not within the city, a copy of such notice shall be deposited in the postoffice, postage prepaid, directed to his last known address, and a copy thereof shall also be posted on said premises in some conspicuous place, and the same shall be deemed sufficient notice. If, at the expiration of five days after the service of the notice herein required to be given, such street, alley, sidewalk, or pavement shall not have been repaired or cleaned, or the work thereon begun and prosecuted with reasonable diligence, then the street commissioner shall repair or clean the same, unless otherwise directed by the council, and make report of his doings to the council, together with the cost of such repairs or cleaning; and the cost of such repair or cleaning, not to exceed $10 for each lot or part thereof, or parcel of ground, shall become a lien thereon, and the council, upon the approval of the report of the street commissioner, shall order, by resolution, such costs entered in the docket of city liens, which lien shall thereafter be of the same force and effect, and shall be enforced and collected as in section 60 of this act provided for the collection of assessments for the improvement of streets.
Section 70.
The council has power and is authorized, whenever deemed expedient, to alter or establish the grade of any street or part thereof, now or hereafter laid out or established within the city, and shall proceed in such matter, as regards notice thereof, hearing objections thereto, and in all other matters connected therewith, in the manner prescribed in sections 50, 51 and 52 of this act, for the "improvement" of streets, as far as the same may be applicable: Provided, the cost of establishing or altering such grade shall be paid out of the general fund of the city.