Chapter 91–Construction of Sidewalks, Curbs and Gutters, and Driveway
91.010. Property owner to keep in repair. It shall be the duty of every property owner to keep the sidewalks, curbs and gutters, and driveway entrances adjacent to his property and in the City of Holden, in good repair at all times and free from irregularities and offsets in the surface thereof which may render the same unsafe for use.
91.020. (ORD # 04-02) Concrete construction required, grade. All sidewalks, curbs and gutters, and where streets are solid surfaced, driveway entrances, constructed, reconstructed, or repaired in the City of Holden shall be of concrete and conform to the established grade of the street. All sidewalks in residential areas shall not be less than four feet in width. All sidewalks in commercial areas shall not be less than five feet in width.
91.030 (ORD # 04-02) Supervision of work. All work of constructing, reconstructing, excavating, or repairing sidewalks, cubs and gutters, and driveway entrances shall be done under the supervision of the city engineer or other person designated by the Mayor.
91.040. To condemn defective sidewalks. The City Council may, by ordinance or resolution, condemn defective sidewalks, order their removal and provide for the construction of new sidewalks in the place or walks so condemned and removed as provided in this Chapter.
91.050. Reconstruction and repair of sidewalks at expense of property owner, procedure. No formality shall be required for the repairing or reconstruction of sidewalks and making assessments therefore; but the City Council, without notice to property owner, may order the city engineer to cause such work to be done and the city engineer shall keep an account of the cost thereof and report the same to the City Council for assessment.
91.060. Board may levy special assessment, when. When the city engineer or other proper officer or committee has made report to the City Council of the cost of the construction, reconstruction or repair of any sidewalk or sidewalks in the City of Holden, under the provisions of this Chapter, the City Council, at its discretion, may levy said cost as a special assessment against each lot and piece of ground abutting said sidewalk and each lot and piece of ground shall be liable for its part of the cost of the work done or made along or in front of such lot or piece of ground as reported to the City Council, and the city clerk shall issue separate tax bills therefore against each such lot or piece of ground as reported to the City Council for its share of the cost.
91.070 (ORD # 04-02) Construction of new sidewalks. Where a sidewalk (or curb and gutter or driveway entrance) has been condemned by the City and is to be replaced, or where the City chooses to install a new sidewalk, the City shall contract for the construction of the sidewalk, either with curbing or without, including final grading and the demolition and removal of any existing sidewalk or curbing. Such work shall be advertised for bid or the City may use the contractor who was awarded the bid pursuant to §91.090. The bids shall be based upon the plans and specifications established by the City Engineer or other person designated by the Mayor. The work shall be awarded to the best and lowest bidder, except as otherwise provided for herein. The City may refuse to accept any or all bids. The City may do the work itself, or have the City Engineer cause the work to be done (as provided for in §91.080), if it can be done for less than the lowest bid submitted by a trustworthy and competent bidder.
91.080 (ORD # 04-02) Procedure when no bid is acceptable or none received. When after advertisement for bid, no bid is acceptable, no bid is received, or where the City can perform the work cheaper, the City Council may order the city engineer or other employee of the City to cause the work to be done. In such case, the city engineer or other person designated to do the work shall keep an accurate account of the amount expended for labor and materials, including excavation, grading, and filling, adjacent to each parcel of property and present such account to the City for assessment as provided in this Chapter.
91.090 (ORD # 04-02) City payment for the construction of sidewalks. Under the following circumstances, the City, at its discretion, may pay up to 50% of the costs of installing, replacing, or repairing sidewalks (including the accompanying curb and gutter and driveway entrances). within the City.
Each year, the City shall advertise for bids from contractors to repair, replace, or install new sidewalks within the City as provided for in this Chapter. Bids shall be made on the standards for the construction of sidewalks, curbs and gutters, and driveway entrances developed by the city engineer or some other person designated by the Mayor. Bids shall be submitted in terms of cost for linear foot of sidewalk, curb and gutter, and driveway entrance. The City shall announce that it is taking applications for assistance in placing or replacing sidewalks (including the accompanying curb and gutter and driveway entrances) and shall announce any applicable rules or deadlines. Applications for financial assistance for sidewalk placement or replacement shall be filed with the City Clerk and shall contain the where the proposed new sidewalk will be located and the length of the sidewalk (including the length of the accompanying curb and gutter and driveway entrances). In determining whether to contribute to the cost of the sidewalk, the City shall take into account the following factors:
The location of the sidewalk.
The condition of the existing sidewalk, if any.
The number of people benefited by the sidewalk.
Whether the new sidewalk is part of new construction.
Whether the proposed sidewalk is in a commercial or residential area.
The cost of the project.
The amount budgeted for sidewalk repair.
The amount of financial resources available to the City.
The number of requests made for financial contribution to sidewalk construction.
The City may require the placement or replacement of curb and gutter and driveway entrances along any sidewalk partially paid for the City. Nothing contained herein shall prevent the City from providing up to 50% of the cost to construct any sidewalk constructed pursuant to the provisions of §91.070. The City shall not contribute to the cost of repairing/replacing any portion of any sidewalk damaged due to construction or underground maintenance.
91.090 (ORD # 04-02) Damage to sidewalks or curbs. Any person or company who damages any sidewalk, curb, gutter, or driveway entrance in the City must replace the same to the standards specified by the City Engineer or other person designated by the Mayor.