CHAPTER XVII. STREETS AND SIDEWALKSCHAPTER XVII. STREETS AND SIDEWALKS\ARTICLE 1. CULVERTS

When in the course of the construction of City improvements within the City of Andover, Kansas, it is deemed advisable by the Governing Body to repair or replace individually owned culverts lying partially or totally within an easement owned by the City, the following provisions shall apply:

(a)   The City shall be authorized to enter upon the easement at such reasonable times and places for the purpose of making such repairs or replacements.

(b)   The material, equipment and labor costs of such repair, replacement or extension shall be assessed to the owner of the property upon which the culvert is placed, or in the alternative, upon the property which is served by such culvert. Such property owner shall be mailed a statement of such assessment and shall be required to pay the same within 60 days.

(Ord. 851)

(c)   Upon the failure of such owner to pay the assessment when due, the amount of such assessment shall be certified to the County Clerk as a special tax upon the premises to be levied and collected together with regular ad valorem taxes upon the same.

(Ord. 460, Secs. 1:4)

When requested by the adjacent property owner and when it is deemed advisable by the Governing Body, the City may install, within easements owned by the City, new location culverts in accordance with the following provisions;

(a)   The City shall be authorized to enter upon the easements at such reasonable times and places for the purpose of making such improvements.

(b)   Material costs shall be assessed to the owner of the property upon which the culvert is placed, or in the alternative, upon the property which is served by such culvert. Such property owners shall be mailed a statement of such assessment and shall be required to pay the same within the 60 days.

(c)   Upon the failure of such owner to pay the assessment when due, the amount of such assessment shall be certified to the County Clerk as a special tax upon the premises to be levied and collected together with regular ad valorem taxes upon the same.

(d)   All materials, equipment and labor costs incurred during the installation of all culverts shall be borne by the owner of the property. All new culverts and/or culvert extensions shall be fitted with flared end sections. All culverts shall be installed by the city or by a city approved contractor.

(Ord. 621; Ord. 851)