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guttering streets not

graded under the provisions of this section, but not to the established grade, it shall be done only after the owners representing three-fifths (%) of the front feet of the property abutting on the part of such street to be so partially graded shall have petitioned the city council for such work to be done; Provided further, That curbing and guttering Curbing and shall not be ordered or required to be laid on any paved. street, avenue, or alley not ordered to be paved, except on a petition of three-fifths () of the owners of the property abutting along the line of that portion of the street, avenue, or alley to be curbed and guttered.

The mayor and council of any city governed paving disby this act shall have power to pave, repave, or macadamize any street or alley, or part thereof, in any city, and for that purpose to create suitable paving districts which shall be consecutively numbered, such work to be done under contract and under the superintendence of the board of public works of the city. Such work shall be ordered done only after the owners of lots or lands abutting upon the streets or alleys within any paving district representing three-fifths (!) of front feet thereon shall have petitioned the council to pave, repave, or macadamize such streets or alleys, and in all cases of paving, repaving, or macadamizing Material to be there shall be used such material as such majority of owners shall determine upon; Provided, The council shall be notified in writing by said owners of such determination within thirty days next after the passage and approval of the ordinance ordering such paving, repaving, or macadamizing. In case such owners fail to designate the material they de



Special assessments.

sire used in such paving, repaving, or macadamizing, in the manner and within the time provided above, the mayor and council shall determine upon the material to be used.

The cost of grading, paving, macadamizing, or repaving the streets and alley within any paving district, except the intersection of streets and space opposite alleys within such districts, shall be assessed upon the lots and lands especially benefited thereby in such district, in proportion to such benefits, to be determined by the mayor and council under the provisions of this act. The assessment of the special taxes for paving purposes herein provided for shall be made as follows: The total cost of the improvement shall be levied at one time upon the property, and become delinquent as hereinafter provided : One-tenth () of the total amount shall become delinquent in fifty (50) days after such levy, one-tenth (16) shall become due in one year, one-tenth (14) in two years, one-tenth () in three years, one-tenth (76) in four years, one-tenth (114) in five years, one-tenth

10 (10) in six years, one-tenth (iv) in seven years, one-tenth (14) in eight years, one-tenth (14) in nine years. Each of said installments, except the first, shall become delinquent fifty (50) days after becoming due, and shall draw interest at the rate of six per cent (6%) per annum from the time of levy aforesaid, payable annually, until the same shall become delinquent, and after the same shall become delinquent a penalty of one per cent (1%) the first month, two per cent (2%) the second month, and thereafter until paid shall be paid thereon as in the case of other special taxes. The council shall have power to requireowners of real estate adjacent to any street about to be paved to lay service pipes Service plpes. to connect such real estate with the city water mains, and in case any such owner shall neglect or refuse to lay the same before such paving is laid, the council may cause such service pipe to be laid, and assess the cost thereof in the same manner as assessments for sidewalks. Such taxes shall be col-Collection of lected and enforced as in other cases of special taxes. In all cases of special taxes the city treasurer shall have authority, after the same or any part thereof shall have become delinquent, to seize personal property of any person who owns the real estate upon which such taxes have been levied, and to sell such personal property for the satisfaction of such taxes, upon the same advertisement and in the same manner that constables are now authorized by law to seize and sell personal property upon execution ; but failure to seize and sell personal property shall in nowise affect the lien of the tax or any proceedings authorized by law to enforce the tax. In case of omissions, errors, or mistakes in making such assessments or levy, in respect to the total cost of the improvement, or deficiencies, or otherwise, it shall be competent for the council to make a supplemental assessment and levy to supply such deficiencies, omissions, errors, or mistakes. The cost of grading, paving, macadam-Cost of paving izing, or repaving the intersections of streets and spaces opposite alleys or in any paving district shall be paid by the city as hereinafter provided, but nothing herein contained shall be hereby construed to exempt any street or any other railway street railways. company from paving or repaving its whole right



District paving bonds.

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of way, including all space between one foot beyond their outer rails, at its own cost, whenever any street shall be ordered graded, paved, or repaved by the mayor and council of the city, as provided by law; “Provided, That in lieu of the above and until January 1, 1893, such street railways shall only be required to pave between the rails of each track.”

For the purpose of paying the cost of grading, paving, macadamizing, or repaving the streets and alleys in any paving district, exclusive of the intersections of streets and spaces opposite alley therein, the mayor and council shall have power and may by ordinance cause to be issued bonds of the city, to be called District Paving Bonds of District No. payable in not exceeding ten years from date, and to bear interest, payable annually, not exceeding the rate of six per cent per annum, with interest coupons attached, and in such cases shall also provide that such special taxes and assessments shall constitute a sinking fund for the payment of said bonds and interest; Provided, That the entire cost of grading, paving, repaving, or macadamizing any such streets or alleys, properly chargeable to any lots or lands within any such paving district according to the front feet thereof, may be paid by the owner of such lots or lands within fifty days from the levy of such special taxes, and thereupon such lots or lands shall be exempt from any lien or charge therefor, and if said assessment, or any part thereof, shall fail or for any reason be invalid, the mayor and council may make other and further assessments upon said lots or lands as may be required to collect from the same the cost of any

Payment of entire cost.


grading, paving, or macadamizing, properly chargeable thereto as herein provided.

Whenever the mayor and council deem it ex- Paving bonds, pedient they shall have power, for the purpose of paying the cost of grading, paving, repaving, or macadamizing the intersection of streets and spaces opposite alleys in the city, to issue bonds of the city to run not more than twenty years, and to bear interest, payable semi-annually, at a rate not exceeding six per cent per annum, with coupons attached, to be called “Paving Bonds,” and the proceeds of which shall be used for no other purpose than paying for the cost of grading, paving, repaving, or macadamizing the intersections of streets and alleys in the city; Provided, That the aggregate amount of such bonds issued in one year shall not exceed the sum of fifty thousand ($50,000) dollars; and

Provided further, That no such bonds shall be issued until the question of issuing the same has been submitted to the electors of the city at a general or special election therein, and authorized by a vote of a majority of the electors voting at such election.

Provided further, That in all cases in which any city shall have prior to the passage of this act issued and disposed of bonds for the purpose hereinbefore provided, to provide a fund for payment of paving or curbing in compliance with the terms of contract therefor, and, by reason of delay of the contractor in completing such contract, any of said bonds shall have matured, or shall mature, before the city shall have been able to levy a tax for payment thereof, and the city may have paid, or shall

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