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 purpose of 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.

award of damages.

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: 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 defects in; as

sessments for.

And provided further, That in case the owner Sidewalks; or owners of any lot, lots, or lands, abutting on any 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

guttering; pe

And provided further, That curbing and gutter-ition for.

tion for; pav:ng

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 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.

ments.

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 case shall also provide that said special taxes and assessments shall constitute a sinking fund for the

Payment for paving at one

time.

Paving without cost to city; paving districts.

Special assess

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.

Provided, however, That whenever the owners of lots or lands abutting upon any street, avenue or alley within the city, representing three-fourths (1) 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.

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