40-56 Residential Paving Projects
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<![CDATA[CHAPTER 40-56RESIDENTIAL PAVING PROJECTS40-56-01. Definitions. As used in this chapter, unless the context or subject matterotherwise requires:1."Block of pavement" means the length of any street between two intersecting<br>streets.2."Residential block" means any block in which sixty percent or more of the property<br>abutting the street shall be residential property, such percentage to be computed by<br>dividing the total front feet of residential property on both sides of the street by the<br>total front feet of both sides of the street in said block.3."Residential paving project" means any paving project involving the pavement of any<br>street or streets when seventy-five percent or more of the block of paving therein<br>shall be residential block.4."Residential property" means and includes property actually used for residential<br>purposes, all schools, churches, apartments, and the yards appurtenant thereto,<br>vacant or unoccupied lots, and all other lots not actually used for or occupied by<br>business or commercial structures or businesses.40-56-02. Establishment of standards of paving. The governing body of any city may,by ordinance, establish standards of paving for residential areas which standards shall be<br>uniform throughout the entire city, and said ordinance may be amended or repealed in the same<br>manner as other ordinances of the city.40-56-03. City may pay portion of cost. When any city has, by ordinance, establishedstandards of paving for residential areas, the city as a whole, by action of its governing body,<br>may pay not to exceed twenty percent of the cost of the paving, and if because of heavy traffic<br>upon such street or for other valid reason, the governing board determines that the established<br>standards should be exceeded in any portion of a residential paving project such percentage of<br>the excess cost of paving as may be determined by action of the governing body shall be borne<br>by the city as a whole.40-56-04. Protests to bar improvements. If the city's total share of the costs equals orexceeds fifty percent of the entire cost of the project, the governing body may initiate, carry out,<br>and construct the project, and special assessments may be levied against the benefited property<br>in the manner provided by law, unless within thirty days after the first publication of the resolution<br>declaring the work to be necessary, the owners of seventy-five percent or more, by area, of the<br>property liable to be specially assessed for the improvement, shall file written protest against said<br>improvement with the city auditor.40-56-05. Special assessment procedure to be followed. The procedure set forth bychapters 40-22, 40-23, 40-24, 40-25, 40-26, 40-27, and 40-28 shall be followed in all proceedings<br>for the initiating, advertising, and contracting for paving improvements under the provisions of this<br>chapter, for levying special assessments against benefited property, and for paying the city's<br>share of such special assessments.Page No. 1Document Outlinechapter 40-56 residential paving projects]]>