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or uncertainties may exist as to the lines of the streets, alleys, lots, or blocks in such addition; and to make maps of their surveys, in sections or districts, showing thereon the width of every street and alley, and the extent of all squares, parks, and public grounds within such section or district; and to fix monuments as may be necessary for the preservation of all lines so established. Shall consti- Said commissioners shall also constitute a board of

tute board of

appraisers.

Duties of.

appraisers, who shall appraise all damages sustained by the adoption of such lines and plats, and shall submit a list of such damages to the mayor and city council for their approval or modification, and who shall tender the amount of damages so approved to the party or parties entitled to the same, before the final passage of any ordinance affecting the same, and attach a record of such action to the documents filed with the county clerk; and any person feeling aggrieved by the award of damages, may appeal therefrom to the district court within sixty days after approval or modification by the mayor and council. Said commissioners, having completed their survey, maps, and profiles of any specific district, shall deliver the same, with a written report, to the clerk of the city, who thereupon shall publish a notice for three weeks, in the official paper of the city, stating that such report has been made, and that the same, with maps, is open to public inspection in the office of the city engineer, where the same shall be kept during the publication of said notice.

Any property owner or other person interested,

report on ob

May modify

jections being

led with

city clerk.

cil may hear

ections to

maps and
reports.

who shall be dissatisfied with such survey and plats thereof, may, at any time within three months after publication of said notice, file with the clerk of the city objections thereto, in writing, stating specifically the grounds and reasons of such objections. After the expiration of such time, in case such objections are so filed, said clerk shall cause said maps, with the written objections thereto, to be returned to said commissioners, who may, after duly considering such objections, modify their report, if they deem proper. In case no written objections are so filed, or being filed, and having been considered by said commissioners, the said maps and reports shall be submitted to the common council, common cour who shall fix a time and publish a notice thereof in the official paper, and they may hear at such time any objections to said maps and reports, and change the same as they may deem just and proper; and when the same shall have been made satisfactory to the council, such reports, as modified, shall be adopted by ordinance in due form, same and effect and the council shall cause a copy thereof, with such maps and reports, to be filed with the county clerk of the county in which said city is located, and he shall record the same as instruments of real estate are required to be recorded; and afterwards said maps and surveys shall stand as the legal and valid plat of said city, or part thereof, to determine all lines of lots, blocks, streets, alleys, and public grounds, in the parts of said city so surveyed. The report of said board herein referred to shall be construed to mean a report of a major

Adoption of

of.

of board.

ity of said commissioners. The said commisioners

Appointment shall be appointed by the mayor, subject to the approval of the city council, and in case of a vacancy happening in said board, by death, resignation, or otherwise, the vacancy shall be filled in like manner. And the mayor and council may, by ordinance, provide for the preservation and protection of said monuments, and the punishment of any person or persons removing the same or interfering therewith.

May improve streets and sidewalks.

SEC. 69. The mayor and council shall have power to open, extend, widen, narrow, grade, curb, and gutter, park, beautify, 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 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 manner as they may deem proper and necessary; 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, 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 be specially benefited by any of said improvements;

pairs and

grade.

Provided, That the above provisions shall not ordinary reapply to ordinary repairs of streets or alleys, and grade. one-half of the expense of bringing streets, avenues, alleys, or parts thereof, to the established grade shall be paid out of the general fund of the city; Provided further, That where any street is to be Petition for graded under the provisions provided by this section, but not to the established grade, it shall be done only after the owners representing a majority 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;

walk, where

used.

Provided further, That in case the grade of any Plank sidestreet or part of street used by the public shall not have been established, or in case any street or part thereof shall not have been worked to grade, then and in such case the owner or owners of any lot, lots, or lands abutting on such streets or portion thereof as aforesaid may only be required to construct or repair the sidewalks along such street or part thereof with plank, as the council may direct in such case;

walks, when

ers are liable for.

And provided further, That in case the owner or Defective sideowners of any such lot, lots, or land abutting on property ownsuch street or portion thereof shall fail to construct or repair such sidewalks in the manner and within the time as directed and required by the council in each case after having received due notice to do so they shall be liable for all damages or injuries occasioned by reason of the defective or dangerous condition of any such sidewalk;

Petition for curbing and guttering.

Paving districts.

Petition for

paving.

And provided further, That curbing and guttering shall not be ordered or required to be laid on any street, avenue, or alley not ordered to be paved, except on the petition of a majority 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 of the metropolitan class shall have power to pave, repave, or macadam any street or alley, or part thereof in the city, and for that pupose 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. Whenever the owners of lots or lands Material, how abutting upon the streets or alleys within any paving district representing a majority of the feet front thereon shall petition the council to pave, repave, or macadam such streets or alleys, it shall be the duty of the mayor and council to pave, repave, or macadam the same, and in all cases of paving, repaving, or macadamizing there shall be used such material as such majority of the owners shall determine upon.

determined.

Same]

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, re-paving, 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

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