Section 124. Contracts for paving  


Latest version.
  • The  common  council shall, by general
      ordinance, prescribe, approve and adopt the  materials  to  be  used  in
      paving,  repaving,  repairing,  surfacing or resurfacing the streets and
      public places of the city, and fix the standard of excellence  and  test
      required  for  each  such  material.  The  city  engineer  shall prepare
      standard specifications, in accordance  with  such  ordinance,  for  the
      performance  of the work involved in such improvements with each kind of
      materials so prescribed, approved and  adopted  therefor.  Whenever  the
      common  council  shall  determine  to make any such improvement, and the
      proceedings provided by law  as  preliminary  thereto  shall  have  been
      taken,  the  board  of contract and supply shall advertise for proposals
      for the furnishing of the materials and  the  performance  of  the  work
      involved  in such improvements, and specifications shall be prepared and
      proposals shall be invited, pursuant to the provisions of this  chapter,
      for  the  construction  of  such  improvement  with  each kind of paving
      material so prescribed, approved and adopted by the common  council.  In
      case  the  expense  of  any  such improvement is to be assessed upon the
      property abutting upon the street, or part thereof, to be  improved  and
      more  than  one  kind  of  material  is  prescribed, approved or adopted
      therefor, the secretary of  the  board  shall,  within  one  week  after
      proposals  for  such  work  have  been  received and opened, cause to be
      published in a daily official paper for four successive days,  exclusive
      of  Sunday,  a  notice  containing  a  summary  statement  of  all  such
      proposals. A majority of said property  owners,  owning  not  less  than
      one-third  of  the  feet  front  of  property  abutting  on such street,
      exclusive of city property, may present to the  board  of  contract  and
      supply  a  petition  or  other  writing  designating the general kind of
      pavement or material to be used in making said improvement. If  no  part
      of  the  expense of such improvement is to be assessed upon the property
      abutting upon said street, or if such expense is to be so assessed,  but
      the property owners shall not have made a designation or shall have made
      more than one designation, as herein provided, the common council shall,
      not  later  than at its next regular meeting after the expiration of ten
      days from the service of such notice, designate the kind of pavement  or
      material  to  be  used  in making such improvement, and the contract for
      such improvement shall be awarded for the kind of pavement  or  material
      so designated by the property owners or common council as aforesaid, and
      to  the  lowest  bidder  for doing the work with the kind of pavement or
      material so designated. In case, however, two-thirds of  the  owners  of
      property,  owning at least three-fifths of the linear feet fronting upon
      said street, or part thereof, shall designate a particular  make,  style
      or  brand  of the kind of pavement or material to be used in making such
      improvement, the contract therefor shall be awarded to the lowest bidder
      for such make, style or brand of such  kind  of  pavement  or  material,
      although  the  same  is  not the lowest bid for such kind of pavement or
      material so designated. Where a street surface railroad shall be laid in
      any street which it is determined to improve  as  herein  provided,  the
      proposals   and   contract   for  such  improvement  shall  include  the
      improvement of the space between  the  tracks  of  such  street  surface
      railroad, the rails of such tracks and two feet in width outside of such
      tracks,  and  the work of improvement in such space shall be done at the
      same time and under the same supervision as the work of  improvement  of
      the  remainder  of  such  street. After opportunity to be heard has been
      given to the company owning or operating such street  surface  railroad,
      the  board of contract and supply may prescribe the materials to be used
      in improving such street within the railroad space above described.  The
      entire  expense  of  the improvement within such railroad space shall be
      assessed and levied upon the property of the company owning or operating
    
      such railroad and shall  be  collected  in  the  same  manner  as  other
      expenses  for  local  improvements are assessed, levied and collected in
      the city; and an action may also be maintained by the city  against  the
      company  in  any  court of record for the collection of such expense and
      assessment.