40-32 Boulevards in Cities and Park Districts
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<![CDATA[CHAPTER 40-32BOULEVARDS IN CITIES AND PARK DISTRICTS40-32-01.Construction and maintenance of boulevards - Notice to owner -Contents of notice. The governing body of any city, whenever it shall deem it necessary to<br>construct boulevards, or to plant trees or sow grass seed thereon, or to trim trees or cut grass<br>growing thereon, or to water or otherwise maintain or preserve any such improvement, shall give<br>written notice to each owner and occupant of any lot or parcel of land adjoining the improvement<br>deemed necessary requiring the person to make the improvement designated at the person's<br>own expense and subject to the approval of the street commissioner. The notice may be general<br>as to the owners of the lots or parcels of land, but it shall be specific as to the description of the<br>lands. The notice shall specify the improvement required to be made and the time within which<br>the same shall be commenced or completed.40-32-02. Service of notice to construct or repair. The street commissioner shallserve the notice provided in section 40-32-01 or cause the same to be served by leaving a copy<br>thereof at the dwelling house on such lot or parcel of land with some person over the age of<br>fourteen years residing therein, or, if the lot or parcel of land is unoccupied, by posting a copy of<br>the notice in a conspicuous place on the land or immediately in front thereof.40-32-03. Objections to improvements - Considering validity. Within ten days afterthe service of the notice, any property owner may file written objections to the making of the<br>improvement described therein. At the next meeting following the filing of the objections, the<br>governing body shall consider the validity of the objections and if a majority shall deem the<br>objections not well taken, the improvements shall be made.40-32-04. Improvement - When made - Expenses. If the improvement is not objectedto or is not completed or commenced, as the case may be, within the time prescribed in the<br>notice, or if the improvement specified in the notice consists of the maintenance of a boulevard or<br>some improvement thereon, the city, in the event that the owner does not inform the city auditor<br>in writing, within ten days after the service of the notice, that the improvement will be made, shall<br>make the improvement or shall order the same to be made by such person as the city may have<br>contracted with, under the direction of the street commissioner, at the expense of the lot or parcel<br>of land adjoining the improvement. The expense of the improvement shall include the expense<br>of giving all notices in connection with the work, of making assessments, and of any other nature<br>incurred in doing such work.40-32-05. Limitation on making improvement. An improvement provided for in thischapter may be made or maintained only in a block of the city in which the same improvement<br>has been or is being made or maintained by the owners of two-thirds of the entire frontage in the<br>block on the boulevard affected.40-32-06. Assessment of cost of improvement. The expense of the improvementshall be assessed by the street commissioner against the lots or parcels of land properly<br>chargeable therewith, and such assessment shall be returned by the street commissioner and<br>filed in the city auditor's office. The city auditor shall cause such assessment, together with a<br>notice of the time when and place where the governing body will meet to consider the approval<br>thereof, to be published in one issue of the official newspaper of the city at least ten days prior to<br>the meeting of the governing body at which the approval of the assessment will be considered.40-32-07.Letting contracts for improvements - Special or general contracts -Regulations governing. The governing body may let a contract for the making of any or all<br>improvements to be made within the city under this chapter in each year, or, if it is deemed<br>advisable, it may let a contract for the making of each specific improvement as the same may be<br>determined upon. Whether the contract to be let is general or special, it shall be let in the<br>manner prescribed in chapter 40-29 for the letting of contracts for sidewalks in cities insofar as<br>the provisions of such chapter are applicable.Page No. 140-32-08. Boulevard assessment book - Entries - Review of assessments. The cityauditor shall keep in the city auditor's office a book called "boulevard assessment book" and shall<br>enter therein any assessment certified by the street commissioner as an assessment against the<br>lots or parcels of land adjoining the improvement made under the provisions of this chapter and<br>the names of the owners of such lots or parcels of land if the same are known to the city auditor.<br>At a regular meeting in October of each year, the governing body shall review all assessments<br>and hear all complaints against the same and approve the assessments as finally adjusted.40-32-09. Boulevard assessment fund - Warrants drawn - Regulations governing.All moneys collected from assessments for making any of the improvements described in this<br>chapter shall be kept in a fund called "boulevard assessment fund". Warrants shall be drawn on<br>such fund for the payment of the cost of making any such improvement or of maintaining the<br>same. The city shall not be liable on any contracts for the making of any such improvements in<br>any sum whatsoever to be paid by moneys raised by general taxation. The provisions of the law<br>relating to the form of warrants, the use thereof, the rate of interest thereon, and the payment<br>thereof, prescribed for warrants drawn on the sidewalk special fund shall be applicable to the<br>warrants authorized in this section.40-32-10. Park commissioners may exercise same powers as governing body. Theboard of park commissioners of any city organized as a park district may exercise the powers<br>defined in this chapter for the making or maintenance of any improvement upon any boulevards<br>coming within its jurisdiction.40-32-11. Provisions not exclusive. The provisions of this chapter are supplementaryto the provisions of the laws of this state authorizing municipalities to make the improvements<br>enumerated in this chapter by the creation of special improvement districts.Page No. 2Document Outlinechapter 40-32 boulevards in cities and park districts]]>