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paving, how

assessment.

quent.

the time above provided the mayor and council shall determine upon the material to be used. The Cost of cost of paving, macadamizing, or re-paving the met. streets and alleys within any paving district, except the intersections of streets and space opposite alleys within such district, shall be assessed upon the lots and lands abutting upon the streets and alleys in such district, in proportion to the feet front so abutting upon such streets and alleys. The Method of 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 when delinherein provided: one-tenth (1-10) of the total amount 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 of seven 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 per cent per month, payable in advance, shall be paid thereon as in the case of other special taxes. Such taxes shall be collected and enforced as in other cases of special taxes. In all cases of special taxes the city treasurer shall have the right and authority, after the same or any part thereof shall have become

Collection.

Seizure of personal property.

assessment.

delinquent, to seize personal property of the party 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 or subject 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 assessment or levy in respect of the total cost of the improvement, or deficiencies, or otherwise, it shall Supplemental be competent for the council to make a supplemental assessment and levy to supply such deficiencies, omissions, errors, or mistakes. The cost of paving, macadamizing, or re-paving the intersections of streets and space opposite alleys in any paving district shall be paid by the city as hereinafter provided, but nothing herein contained shall be construed to exempt any street railway company from paving or re-paving between its rails, at its own cost, whenever any street shall be ordered paved or re-paved by the mayor and council of the city as provided by law. For the purpose of paying the costs of paving, macadamizing, or re-paving the streets and alleys in any paving district, exclusive of the intersections of streets and space 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. —‚'

District paving bonds.

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payable in not exceeding ten years from date, and to bear interest, payable annually, not exceeding the rate of seven per cent per annum, with interest coupons attached, 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.

Lots and land,

how exempte ! from lien of

paving tax

Provided, That the entire cost of 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 lot or land shall be exempt from any lien or charge therefor. Said bonds shall not be sold for less than their par value, and if said assessments, or any part thereof, shall fail, or for any reason be invalid, the mayor and council may make other and further assess- Additional ments upon said lots or lands as may be required, to collect from the same the cost of any paving or macadamizing properly chargeable thereto as herein provided.

assessments.

Whenever the mayor and council deem it ex- Paving bonds, pedient, they shall have power for the purpose of paying the cost of paving, re-paving, or macadamizing the intersections 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 which shall not

Maximum amount in any

one year.

Submission to electors.

subject to tax, how paved.

be sold for less than par, and the proceeds of which shall be used for no other purpose than paying the cost of paving, re-paving, or macadamizing the intersections of streets and alleys in the city.

Provided, That the aggregate amount of such bonds issued in any one year shall not exceed the sum of one hundred thousand ($100,000) dollars; and

Provided further, That no such bonds shal! 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 two-thirds of the electors voting on such Property not question at such election. If in any city of the metropolitan class there shall be any real estate not subject to assessment or special taxes for paving purposes, the mayor and council shall have the power to pave in front of the same and to pay the cost thereof, that would otherwise be chargeable on such real estate, in the same manner as herein. provided for the paving of intersections of streets and paying therefor. The word "lot," as in this act used, shall be taken to mean a lot as described and designated upon the recorded plat of any such city, and in case there is no recorded plat of any such city, it shall mean a lot as described and designated upon any generally recognized map of such city. The word "lands" shall mean any un-subdivided real estate; Provided, That if the lots and real estate abutting upon that part of the street ordered paved, re-paved, or macadamized, as shown upon any such recorded plat or map, are not of uniform

"Lot" and

"land" defined.

Depth of lot for assessment purposes.

depth, or if for any other reason it shall appear just and proper to the mayor and council, the mayor and council are authorized and empowered to determine and establish the depth to which the real estate shall be charged and assessed, with the cost of the improvement, which shall be determined and established according to the benefits aceruing to the property by reason of the improvement. Real estate may be so charged and assessed to a greater depth than the depth of the lots as shown upon any such plat or map. The mayor and council may, in their discretion, include all the real estate to be charged and assessed with the cost of such paving, or improvement in the paving districts, in this section hereinbefore provided for, but are not required so to do; and the mayor and council may, in their discretion, in determining whether the requisite majority of the owners who are hereinbefore authorized to petition for paving, re-paving, or macadamizing, and to determine the kind of material to be used therefor, have joined in such petition and determination, consider and take into account all of the owners of all real estate to be charged and assessed with the cost of the improvement, or only such as own real estate that in fact abuts upon the part of the street proposed to be improved. In cases where paving has been already done, in whole or in part, or contracts have been let therefor under existing laws, in case the lots and real estate abutting upon that part of the street ordered paved, as shown upon any such plat or map, are not of uniform depth, as well as in all

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