§13-403. Contracts for Constructing Sewers.
(1) Except as otherwise provided by special ordinance,
every contract for the construction of sewers shall be prepared by the Law
Department and shall provide that:
(a) the assessment bills for
constructing the sewer shall be collected by the contractor, or in the
discretion of the Water Department by the City, from the owners of property
abutting on the street according to their respective fronts, as provided in
§ 13-304;
[38] (b) any amount in
excess of such assessments shall be paid by the
City;
[39] (c) any claim by the
contractor for the adjustment and amendment of an assessment bill, or for
additional sums, shall be made within 6 months from the date of delivery of the
assessment bill to the contractor or filing of a lien, whichever is
later;
[40] (d) where the assessment
bills on the contract are in excess of the amount due to the contractor, the
excess shall be collected by the
City;
[41] (e) the contractor shall
accept the assessment bills as payment in full and shall collect them at his own
expense without recourse to the City.
(.1) The contractor may use the
name of the City and employ all remedies or proceedings, including lien, which
would be available to the City, provided that the contract has been fulfilled
and all work under it has been done in accordance with its
terms.
[42] (2) Whenever an ordinance is
enacted for the construction of sewers, the Procurement Department shall, except
as provided in § 13-403(3), advertise for proposals and award contracts in
accordance with plans and specifications prepared by the Water
Department.
[43] (3) Whenever a contract
for the construction of sewers is for new development, unless otherwise provided
in such ordinance, no advertisement shall be made for the work required until
evidence satisfactory to the Water Department is filed by the applicant
evidencing that the development for which the sewer is requested will be
undertaken and completed as part of the current program of
work.
[44]