tion for; paving districts; material used. ing shall not be required or ordered to be laid on any street, avenue, or alley not ordered to be, paved, except on a petition of a majority of the owners of property abutting along the line of that portion of the street, avenue, or alley to be curbed or guttered. Paving: peti-The mayor and council of any city governed by this act, shall have power to pave, repave, or macadamize any street or alley, or any 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. Whenever the owner of lots or land abutting upon the streets or alleys within any paving district, representing a majority of feet fronting thereon shall petition the council to pave, repave, or macadamize such streets or alleys, it shall be the duty of the mayor and council to pave, repave, or macadamize the same, and in all case of paving, repaving, or macadamizing there shall be used such material as a majority of the owners shall determine upon ; Provided, The council shall be notified in writing by said owners of such determination within thirty (30) 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 desire used in such paving, repaving or macadamizing in the manner and within the time above provided, the mayor and council Special assess shall determine upon the material to be used. The ments. cost of paving, macadamizing, or repaving the streets and alleys within any paving district, shall be assessed upon the lots and lands especially benefited thereby in such districts 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 herein provided; One-tenth (1-10) of the total cost shall become delinquent in fifty (50) days after such levy, One-tenth (1-10) in one year, One-tenth (1-10) in two years, One-tenth (1-10) in three years, One-tenth (1-10) in four years, One-tenth (1-10) in five years, One-tenth (1-10) in six years, One-tenth (1-10) in seven years, One-tenth (1-10) in eight years, One-tenth (1-10) in nine years. Each of said installments except the first, shall draw interest at the rate not exceeding seven (7) per cent per annum from the time of the levy aforesaid until the same shall become delinquent, and after the same shall become delinquent, interest at the rate of one (1) per cent per month shall be paid thereon, as in the case of other special taxes. bonds. Provided, That for the purpose of paying the District paving cost of paving, repaving or macadamizing the streets, avenues, or alleys in any paving districts, exclusive of the intersections or avenues 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 Paving Bonds of District No. -," payable in not exceeding ten (10) years from date, and to bear interests payable annually, not exceeding a rate of seven (7) per cent per annum, with interest coupons attached, and in such casę shall also provide that said special taxes and assessments shall constitute a sinking fund for the Payment for time. paving at one payment of said bonds; Provided, That the entire cost of paving, repaving, or macadamizing any such streets, avenues, or alleys, property chargeable to any lot or land within any such paving district according to the feet front thereof, may be paid by the owners 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. Paving without cost to districts. Provided, however, That whenever the owners of city: paving lots or lands abutting upon any street, avenue or alley within the city, representing three-fourths (*) of the feet fronting thereon, shall petition the mayor and council to pave, repave, or macadamize such street, avenue or alleys without cost to the city, and to assess the entire cost of paving, repaving or macadamizing any such streets, avenues, or alleys including intersections of streets or avenues, and spaces opposite alleys against the private property within such district or districts, it shall be the duty of the mayor and council to create paving districts which shall be consecutively numbered, and to pave, repave or macadamize the same, and to proceed in the same manner and form as hereinbefore provided for in other district paving. Special assess Provided, That the mayor and council shall have power to levy the entire cost of such paving, ments; bonds, repaving, or macadamizing any such street, avenue or alley including the intersections of streets or avenues and spaces opposite alleys against the private property within such districts and to issue "District Paving Bonds of District No.-" to pay for such paving, repaving, or macadamizing, in the same manner and form as herein before provided for in other district paving bonds, and said bonds shall be issued to cover the entire cost of so improving said streets or avenues and intersections of the same and spaces opposite alleys. The aforesaid bonds shall not be sold for less than their par value and if said assessments, or any part therof, 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 paying, repaving, or macadamizing properly chargeable thereto as herein provided. street intersec road compa The cost of paving, repaving, or macadamizing the Cost of paving intersection of streets or avenues and spaces oppo- tions. site alleys in any paving district, except as hereinbefore specially provided, shall be paid by the city as hereinafter provided, but nothing herein con- Paving by railtained shall be construed to exempt any street or nies. other railway company from paving, repaving, or macadamizing, with such material as the mayor and council may order, its whole right of way including all space between and one foot beyond their outer rails, at its own cost, whenever any street or avenue shall be ordered paved repaved or macadamized by the mayor and council of the city as provided by law; And provided further, that no street or other railway company shall enter upon or occupy any paved street, or avenue within five (5) years after said paving shall have been completed, until they shall pay into the city treasury the original cost of paving between and one foot beyond the outer rails, which sum shall be credited on the special assessments upon the abutting lots, and if said special assessments shall have been paid, then said money shall be paid by warrant to the party who has already paid such special assessments. Paving bonds. Whenever the mayor and council deem it expedient, they shall have the power, for the purpose of paying the cost of paving, repaving or macadamizing the intersections of streets or avenues and spaces opposite alleys in the city to issue bonds of the city, to run not more than twenty (20) years, and to bear interest payable sem-annually, at a rate not exceeding six (6) per cent per annum with coupons attached, to be called "Paving Bonds of the City of" and which shall not be sold for less than their par value, and the proceeds of which shall be used for no other purpose than paying for the cost of paving, repaving or macadamizing the intersections of streets or avenues and spaces oppoMaximum is site alleys in the city. Provided, That the aggregate amount of such intersection paving bonds issued in any one year shall not exceed the sum of Fifty Thousand Dollars ($50,000); 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 held therein and authorized by a majority of all the electors voting at such elections. sue of bonds; vote on bonds. Supplemental assessments. Public proper ty; cost of paving opposite. In case of omissions, errors, or mistakes in making such assessments or levies in respects of the total cost of the improvements, or in case of deficiencies or otherwise, it shall be competent for the and council to make a supplemental assessment and levy to supply such omissions, errors, mistakes or deficiencies. mayor Provided further, That if in any city governed by the provisions of this act there shall be any real |