District grad

tersections of streets and spaces opposite alleys therein the mayor and council shall have power, and may, by ordinance, cause to be issued bonds of the city, to be called "District Grading Bonds of ing bonds. District No. , payable in not exceeding five (5) years from date, and to bear interest, payable annually, not exceeding the rate of seven (7) per cent per annum, with interest coupons attached, and that as nearly as possible an equal amount of said bonds shall be made to mature each year, and in such case shall also provide that said special taxes and assessments shall constitute a sinking fund for the payment of said bonds and interest;

Payment of en.

Provided, That the entire cost of grading any tire cost of such street or alleys properly chargeable to any lots grading. or lands within any such grading districts according to the feet front thereof, may be paid by the owner of such lots or lands within fifty (50) days from the levy of such special taxes, and thereupon such lot or land shall be exempt from any lien or charge therefor.

grading street or alley with

Provided however, That whenever the owners of Petition for lots and lands abutting upon any street or avenue, out cost to city. alley or lane or part thereof, representing threefourths () of the feet front abutting upon any such street, avenue, alley, or lane or part thereof, shall petition the mayor and council to grade the same including the intersections of streets, avenues, or lanes and spaces opposite alleys or lanes, without cost to the city, and to assess the entire cost of grading such streets, avenues, alleys or lanes or part thereof, including the intersections of streets, avenues, or lanes and spaces opposite alleys or lanes, against the lots and lands abutting on such street,

Grading districts; assessments; bonds.

Damages to property.

Maximum bond issue.

Amending sub

div.63, sec. 2664,

1891; subdiv. 63,

avenue, alley or lane, or part thereof, so graded; that thereupon the mayor and council shall create grading districts, make assessments, issue bonds, and proceed in the same manner as in cases of grading herein before provided; Provided, That bonds shall be issued to cover the entire cost of grading both the streets, avenues, or alleys and the intersections of streets or avenues and spaces opposite alleys, And provided further, That the aforesaid bonds shall not be sold for less than their par value and if any assessment, or part thereof, shall fail or for any reason be invalid, the mayor and council may make further assessments upon said lots or lands, as may be required, to collect from the same the cost of any grading properly chargeable thereto as herein provided.

And provided, That no street, avenue, alley or lane shall be so graded until the damages to property owners, if any, shall be ascertained by three (3) disinterested freeholders to be appointed by the mayor and council and the proceedings to be the same in all respects as in this act provided for in cases of change of grade, And provided further, That the aggregate amount of such bonds issued in any one year shall not exceed the sum of fifty thousand ($50,000) dollars.

SECTION 2. That said subdivision sixty-three Consol. Stats., (63) of said section two thousand six hundred and Bec. 68, art. 2, sixty-four (2664) be and the same is hereby · Comp. Stats., amended to read as follows:

chap 13a,

1891.

Streets and al- The council shall have power to open, extend,

leys; opening;

changing; grad

pairing, etc.

ing, pavig; re: 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

Sidewalks.

ments.

proper, any street, avenue or alley, within the limits of the city, and they may grade partially or to the established grade or park, or otherwise improve any width or part of any such street, avenue, or alley, and may also construct and repair, or cause and compel the construction and repair of sidewalks in such city, of such material and in such a manner as they may deem necessary, and to defray the cost and expense of such improvement or any of them; the mayor and council of such city shall Special assesshave power and authority to levy and collect special taxes and assessment upon the lots and pieces of ground adjacent to or abutting upon the street, avenue, alley or sidewalk, thus in whole or in part opened, widened, curbed, and guttered, graded, parked, extended, constructed, or otherwise improved or repaired, or which may by specially benefited by any of said improvements; Provided, That the Ordinary reabove provision shall not apply to ordinary repairs of streets or alleys, and the cost of such repairs shall be paid out of the road fund, and the mayor and council are authorized to draw warrants against said fund not to exceed eighty-five (85) per cent of the amount levied as soon as the levy shall be made by the county commissioners. Provided, further, The mayor and council of any fishing; chang city, governed by this act, shall have power by ordinance to establish the grade of any street, avenue, or alley in the city, and when the grade of any street, avenue or alley, shall have been heretofore established or when the grade of any street, avenue, or alley, shall be established and approved as herein provided, the grade of no street or part of a street shall be changed unless unless the consent in writ

pairs.

Grades, estab

ing.

of damages;

ers.

Payment of damages.

ing is first obtained of the owners of lots or lands abutting upon the street or part of the street where such change of grade is to be made, who represent a majority of the feet front thereon, and not then until the damages to property owners, which may be caused by such change grade shall have been assessed and determined by three (3) disinterested freeholders who shall be appointed by the mayor and council for that purpose, who shall receive a Appraisement fee of five ($5) dollars per day and who shall make fees of apprais- such appraisement, taking into consideration, the benefit, if any, to such property, and file their report with the city clerk, and the amount of damages so assessed shall be tentered to such property owners or their agents, and for the of purpose paying the damages, if any, so awarded, the mayor and council shall have power to borrow from any available fund the amount or amounts so necessary which amount or amounts shall upon the collection of the same by special assessments as herein provided be transferred from such special fund to the fund from which it has been so borrowed; Provided, That no street, avenue or alley shall be "worked to such grade or change of grade until the damages so assessed shall be tendered to such property owners or their agents; and before the mayor and council shall enter into any contract to grade any such street, avenue, or alley the damages, if any, sustained by the property owners shall be Special assess ascertained as herein before provided, and for the purpose of paying the damages awarded and the the appraisers' fees, the mayor and council shall have power to levy a special tax upon the lots and lands abutting upon such street, avenue or alley,

ments.

or part thereof, so graded, as shall be adjudged by the mayor and council to be especially benefited thereby, and in proportion to such benefits; and such special tax or taxes shall be collected as provided in cases of other special taxes, and:

award of dam

ages.

Provided further, That in case an appeal is taken Appeal from from any award of damages, and the person appealing shall recover a judgment against the city greater than the amount awarded by such appraisers, the mayor and council shall have power to levy a special tax upon all the lots and lands within the grading district wherein lies the property or lands, on which such appeal has been taken from the award of the appraisers for the purpose of paying the excess of such judgment, over such and to collect the same as provided in cases of other special taxes; Provided, however, That such appeal will in nowise affect or postpone the commencement or completion of the grade of such street, avenue, or alley or part thereof,

damages from defect in; as

And provided further, That in case the owner Sidewalks; or owners of any lot, lots, or lands, abutting on any sessments for. street or avenue or part thereof, shall fail to construct or repair any sidewalk in front of his, her or their lot, lots or lands within the time and in the manner as directed and required by the mayor and council, after having received due notice to do so, they shall be liable for all damages or injury occasioned by reason of the defective or dangerous condition of any sidewalk, and the mayor and council shall have power to cause such sidewalks to be constructed or repaired and assess the cost thereof against such property.

Curbing and

And provided further, That curbing and gutter-guttering; pe