Upon the application of any person for the establishment of a sewer district or the paving of any street, the city engineer shall prepare and submit to the city council a preliminary report setting out substantially the district proposed or the paving proposed, together with such other information and data as may be available from the department of public works concerning any such proposed improvement.
Before the department of public works shall proceed with the engineering of any proposed sewer district or paving project, the city council shall, by resolution, authorize the commencement of work on any such proposed project.
In the improvement of public highways, including streets, avenues, alleys and squares, to be paid for in whole or in part by special tax bills upon real property or by use of the public improvement fund, reimbursed by the collection of such tax bills, the following procedures shall be used:
(1) The city engineer shall cause to be prepared, filed with the director of public works, subject to inspection of the public, and submitted to the city council, plans, specifications and estimates of cost of the proposed improvement.
(2) The city council shall, by resolution, declare the work or improvement necessary, state the nature thereof and the method of payment and refer to the plans, specifications and estimates of cost filed in the office of the director of public works. The city council shall cause the resolution to be published in some daily newspaper printed in the city for five consecutive issues, and, at the same time, shall cause not less than three copies of the resolution to be posted in conspicuous places within the limits of the proposed improvement. If a majority of the resident owners of the property liable to taxation therefore, at the date of the passage of such resolution, who shall own a majority of the front feet owned by the residents of the city abutting on the highway or part thereof proposed to be improved do not, within ten days after the completion of such publication, file with the city clerk their protest against such improvement, the city council may, by ordinance, adopt the plans and specifications filed with the director of public works, establish or re-establish the grade and curb line, provide for the improvement and specify the interest rate and manner of payment of special tax bills issued pursuant thereto, and the mayor shall advertise for bids therefore, according to the plans and specifications provided, by publication in some daily newspaper published in the city for five consecutive issues. On receipt of such bids, the mayor shall, in his office, at the time designated by him in the advertisement for bids, publicly open them, and in writing, report to the city council the name and bid of the lowest responsible bidder. No bid may be considered which is above the estimate of cost previously filed. Thereafter, the city council may, by ordinance, authorize the mayor to enter into a contract with such bidder for the work on behalf of the city, and require and authorize the mayor to approve a bond from the contractor for faithful performance of the contract and for the payment by the contractor for all labor done or materials used in the improvement. The contract and bond need not be confirmed by ordinance. Where the bids are above the estimate or no bids are received or for any reason a legally enforceable contract cannot be let, readvertisement for bids by the mayor may be had as often as may be deemed expedient.
In the construction of sewers, sanitary and storm, to be paid for in whole or in part by special tax bills upon real property or use of the public improvement fund, reimbursed by the collection of special tax bills, the following procedure shall be followed:
(1) The city council shall, by ordinance, establish and define the district or joint district in which sewers are to be constructed.
(2) The city engineer shall cause to be prepared, filed with the director of public works and submitted to the city council plans, specifications and estimate of cost of the proposed improvement.
(3) The city council shall, by resolution, declare the work or improvement necessary, state the nature thereof and the method of payment therefore and refer to the plans, specifications and estimate of cost filed in the office of the director of public works. The city council shall cause the resolution to be published in some daily newspaper printed in the city for five consecutive issues, and at the same time shall cause not less than three copies of the resolution to be posted in conspicuous places within the limits of the district or joint district. The city council shall take no further action upon the proposed improvement until at least seven days shall have passed from the date of the last newspaper publication.
(4) Thereafter, the city council may, by ordinance, adopt the plans and specifications filed with the director of public works, provide for the improvement and specify the interest rate and manner of payment of special tax bills issued pursuant thereto, and the mayor shall advertise for bids thereafter, according to the plans and specifications provided by publication in some daily newspaper printed in the city for five consecutive issues. On receipt of such bids, the mayor shall, in his office, at the time designated by him in the advertisement for bids, publicly open them and in writing report to the city council the name and bid of the lowest responsible bidder. No bid may be considered which is above the estimate of cost previously filed. Thereafter, the city council may, by ordinance, authorize the mayor to enter into a contract with such bidder for such work on behalf of the city, and require and authorize the mayor to approve a bond from the contractor, and for the payment by the contractor of all labor done or materials used in such improvement. The contract and bond need not be confirmed by ordinance. Where the bids are above the estimate or no bids are received or for any reason a legally enforceable contract cannot be let, readvertisement for bids by the mayor may be had as often as may be deemed expedient.
Contracts for improvements made under this Chapter shall be let in accordance with the requirements of state law, this Code or other ordinances of the city.
The owner of property described in a special tax bill may pay such tax bill at the time and in the amounts therein specified to either the legal holder of such special tax bill or, if the owner of any property shall make representation that the legal holder cannot be found or refuse to accept tender payment, then payment may be made to the director of finance. The city treasurer shall be deemed the lawful agent in such cases to accept payment on behalf of the legal holder of special tax bill.
When payment of a special tax bill in full, with interest shall be made directly to the legal holder of such bill, such holder shall endorse on the back thereof a receipt for the amount paid and deliver the same to the party making such payment, together with a certificate addressed to the city treasurer, stating that such tax bill has been paid and that the owner of the property therein described is entitled to have satisfaction thereof entered on the register of special assessments for improvements. The city treasurer shall file such certificate upon receipt of the same and shall certify on the back of such bill that such satisfaction has been properly entered on such register. When payment of a special tax bill in full, with interest, shall be made directly to the city treasurer he shall prepare a certificate, a copy of which shall serve as a receipt, indicating that such payment has been made and the owner of the property described in the tax bill is entitled to have satisfaction thereof entered on the register of special assessments for improvements, which certificate shall be filed with the certificates hereinbefore required, and the city treasurer shall at that time enter satisfaction of such tax bill on the register of special assessments for improvements. The city treasurer shall then secure the tax bill from the legal holder thereof, certifying on the back of such tax bill that satisfaction has been properly entered on the record, and endorsing a receipt on the back of the bill for the amount paid; thereafter surrendering the tax bill to the person having paid such bill.
If any tax bill shall be lost before satisfaction thereof has been entered on the record of special assessments, the city treasurer shall, upon the affidavit of the person entitled to such bill that the same has been lost, together with the affidavit of the contractor or his assignee that the same has been paid, if payment shall be made to the legal holder thereof, enter satisfaction of such bill on the register of special assessments.
Every special tax bill issued by the city in payment of public works constructed shall be a lien against the property therein described, from the date of its issuance, which lien shall continue for a period of six years thereafter, unless otherwise provided by special ordinance, but if suit is brought on any such tax bill within the time herein limited, the lien shall continue until the termination of the legal proceedings to collect the same, including any sale of the property charged. Every such special tax bill and lien thereof shall be assignable, and any such tax bill, with the interest therein provided, may be collected by suit by the owner thereof, in the name of such owner, in any court of competent jurisdiction. In the institution of such suit, it shall be sufficient for the plaintiff to plead the making and issuance of the tax bill and sued on, giving date and content thereof, and assignment thereof, in case of assignment, and alleging that the party or parties made defendants own or claim to own the land charged or some estate or interest therein, as the case may be.
A special tax bill shall, in any action thereon, be prima facie evidence of the validity of the bill, of the doing of the work, of the furnishing of materials charged for and of the liability of the property to the charge stated in the bill; provided, that any defendant may plead in reduction of the bill any mistake or error in the amount thereof, or that the work was not done according to the provisions of the contract. No suit on any tax bill shall be affected by any irregularity affecting the other tax bills or rendering any other tax bill invalid in whole or in part. If the plaintiff recovers in his suit, the judgment shall be special and the plaintiff shall recover the amount found due, including interest and costs to be levied on the land described in the tax bill and shall be satisfied on special execution issued to sell the land in payment of such judgment, interest and costs. Such judgment shall bear interest at the same rate as the tax bill.
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