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height, and strength of any such viaduct and the approaches thereto, the material therefor, and the manner of the construction thereof shall be as required by the board of public works, and as may be approved by the mayor and council. When two or more railroad companies own or operate separate lines to be crossed by any such viaduct, the proportion thereof and the approaches thereto to be constructed by each, or the cost to be borne by each, shall be determined by the mayor and council. After completion of any such viaduct, any revenue derived therefrom by the crossing thereon of street railway lines or otherwise, shall constitute a special fund and shall be applied in making repairs to such viaduct.
All ordinary repairs to any such viaduct or to the approaches thereto shall be paid out of such fund, or shall be borne by the city.
SEC. 13. That subdivision VI of section sixtyseven (67) of said act be amended to read as follows: Section 67. VI. The council shall have
power to set aside a space, designated as the sidewalk space, on each side of all streets and avenues for sidewalks, and the planting of trees and grass, and may require and regulate the planting and protecting of the trees and grass, and the construction of sidewalks in such space. Such space shall extend from lot line to curb.
Whenever any street or avenue shall have been brought to the established grade or permanently improved, the council may require the owners of the real estate adjacent thereto, to bring the sidewalk space along or in front of such real estate to
Amending subdiv. 6 of sec. 67.
the established grade, and to lay a sidwalk thereon of such width and materials as the council may determine; and in case any such property owner shall refuse and neglect to cause such grading to be done or sidewalk constructed within thirty days after being notified in the manner prescribed by ordinance, the council may order said grading to be done and said sidewalk constructed, and assess the cost thereof against the real estate in front of which the said work was done.
Whenever any street or avenue shall have been brought to the established grade or permanently improved, the council may require the owners of the real estate adjacent thereto to bring the sidewalk space along or in front of such real estate to the established grade, and to lay a sidewalk thereon of such width and material and in such space in said sidewalk space as the council may determine, and shall have so ordered by proper ordi
And in case any such property owners shall refuse and neglect to cause such grading to be done or said sidewalk constructed within thirty days after being notified in the manner provided by ordinance, the council may order said grading to be done and said sidewalks constructed in conformity with the ordinances regulating the same, and shall have power to take up and remove all walks not laid in conformity with such rules and regulations as may be prescribed.
And said council shall, at the beginning of each contract for municipal year, receive bids for the erection of all sidewalks hereinafter to be laid or relaid as provided herein, and shall award therefor a contract to the lowest bidder for the year, and said con
tractor shall be required to lay or relay all sidewalks as ordered by the said council in accordance with the ordinances of said city, and the said contractor shall receive his pay for such work from the assessments against the real estate in front of which the said work was done; and that the cost of all such work, laying and relaying such walks in conformity with such ordinances, shall be assessed against the real estate in front of which the said work was done. And the city treasurer of said city shall pay over to such contractor upon order of the council all assessments or special taxes against such real estate collected, together with the interest and penalty collected thereon, which shall in each case be full compensation to such contractor for any work so done under his said contract along and in front of any property upon which said assessment or tax shall have been collected.
The council may by ordinance provide for the laying of temporary plank sidewalks upon the natural surface of the ground upon streets not brought to the established grade, and in case of refusal or neglect of any property owner in front of or along the side of whose lot such sidewalk may be ordered to construct the same within thirty days after being served with notice in the manner prescribed by ordinance, the council may cause the same to be constructed and assess the cost thereof on the property in front of which the same shall be laid.
In case any property owner shall refuse or neglect to repair the sidewalk adjacent to his property within two (2) days after being notified so to do in the manner prescribed by ordinance, the
Temporary side walks.
Repairs of sidewalks.
proper officer may cause said walk to be repaired, and shall report the cost thereof to the council, when the same may be assessed against such propertv.
The cost of grading sidewalk space, and the con- Walk assemu struction, replacement, or repair of sidewalk as herein provided, shall be assessed at a regular meeting of the council, by a resolution fixing the cost of such grading, constructions, or repairs, along the lot adjacent thereto, as a special assessment thereon and the amount charged against the same, with the vote thereon by yeas and nays, shall be spread at length upon the minutes. Notice of the time of holding such meeting, and the purpose for which it is held, shall be published once in some newspaper published and of general circulation in said city, at least five days before the same shall be held, or in lieu thereof, personal service may be had upon
the persons owning the property to be assessed.
All such assessments shall be know as special sidewalk assessments and, with the cost of notice, shall be levied and collected as a separate tax, in addition to the taxes for general revenue purposes, subject to the same penalties, and collected in like manner, as other city taxes, but such special assessments shall draw interest at one per cent (1%) per month. The same shall be certified by the city clerk to the city treasurer, who shall place the same on the tax list of the current year against such property.
It is hereby made the duty of all real estate Demages from owners and occupants to keep the sidewalk along side or in front of the same in good repair and free from snow and ice, and other obstructions, and they
Amending sec. 109.
Streets, opening, gruding, etc.
shall be liable for all damages or injuries occasioned by reason of the defective condition of any such sidewalk.
SEC. 14. That subdivision XXXI of section 67 be amended to read as follows:
XXXI. Water tax.-To fix the rate of tax to be paid for the use of water furnished by the city or any person or corporation by means of water works, and provide by ordinance that any tax for the use of water furnished by said city shall be a lien on the property where same is furnished.
SEC. 15. That section sixty-nine (69) of said act be amended to read as follows:
Section 69. The council shall have power to open, extend, widen, narrow, grade, curb, gutter, and pave, or otherwise improve and keep in good repair, or cause the same to be done, in any manner they may deem proper, any street, avenue, or alley within the limits of the city, and may grade partially or to the established grade, or park, or otherwise improve any width, or part of any street, avenue, or alley; and to defray the cost and expense of such improvements, or any of them, the mayor and council of such city shall have power and authority to levy and collect special taxes and assessments upon the lots and pieces of ground adjacent to, or abutting upon, the street or alley thus in whole or in part opened, widened, curbed, and guttered, graded, parked, extended, constructed,
otherwise improved or repaired, or which may be specially benefited by any of said improvements; Provided, That the above provisions shall
not apply to ordinary repairs of streets or alleys; Partial grad. Provided further, That where any street is to be