the preservation of all lines so established. Said commissioners shall also constitute a board 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, 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 objec tions 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 reports, 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, who shall fix a time and publish a notice thereof in the oficial 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, 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 majority of said commissioners. The said commissioners shall be appointed by the mayor, subject to the approval of the city council, and in cases 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 persor or persons removing the same or interfering therewith.

SEC. 69. [Streets, care, etc.- Paving - Curbing — Guttering Bonds-Taxes.]—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 ally 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 ally, 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 improvements or any of them, the mayor and council of such city shall have power and authority to leey and collect special taxes and assessments upon the lots and pieces of ground adjacent to or abutting upon the street, avenue, ally, 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 especially benefited by any of said improvements; Provided, that the above provisions shall not apply to ordinary repairs of streets or alleys, and one-half of the expense of bringing streets, avenues, allys, or parts thereof to

the established grade shall be paid out of the general fund of the city except as otherwise hereinafter provided. Provided, that where any street is to be 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; Provided further, that whenever the owners of the lots abutting upon any street or alley or part thereof within said city representing three-fifths (3-5) of the feet front abutting upon such street or alley desired to be graded, shall petition the council to grade such street or alley, or part thereof, without charge to the city, the mayor or council may order the grading done, and assess the cost thereof against the property abutting upon such street or alley, or such part thereof so graded. The total cost of such grading shall be levied and collected in a single payment upon the completion of such work; or, upon petition of not less than three-fifths (3-5) of the feet front along the street or ally so graded, the cost may be made payable in ten (10) equal installments extending over a period of nine years in the same manner, at the same rate, and subject to the same conditions as are payments for paving, curbing, guttering, and like improvements hereinafter spceified. In case of such instalment payment, the mayor and council shall by ordinance create districts embracing the property represented by such petition, and abutting or which said grading was done, to be known as grading districts and numbered consecutively. And for the purpose of paying the cost of such grading within such district-pending payment of the instalments herein provided; the mayor and council are hereby authorized and empowered by ordinance to issue bonds to be called Grading Bonds No.-to run for the same time, to bear the same rate of interest, and be subject to the same and all conditions of sale, use, protection, charge, lein, and liquidation for grading purposes as is hereinafter provided for "District Street Improvement Bonds" issued to cover the cost of paving, curbing, and like improvements. Provided further, That in case the grade of any street 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 of streets as aforesaid, shall 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; And provided further, That in case the owner or owners of any such lot, lots, or land abutting on such 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 conditions of any such sidewalk; And, provided further, That curbing and guttering shall not be ordered or required to be laid on any street, avenue, or ally 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 ally to be curbed and guttered. The mayor and council shall have power to improve any street or alley, or part thereof in the city, and for that purpose to create suitable street improvements 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. Said improvements shall consist of paving, repaving or macadamizing, as well as curbing, if such are necessary on any street or alley ordered by the mayor and council; Provided, That before any improving shall be done upon any street, ally, or avenue in which there are gas or water mains laid, or to be laid, or sewers constructed, or to be constructed, the mayor and city council shall cause all gas, water, or sewer connections to be made as hereafter provided. Whenever the owner of the lots or lands abutting upon the streets or alleys within the street improvement district representing a majority of the feet frontage thereon, shall petition the council to improve such streets or allys, it shall be the duty of the mayor and council to improve 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;

Provided, The council shall be notified in writing by said owners of such determination within thirty days next after the pasage and approval of the ordinance ordering such improving. In case such owners fail to designate the material the[y] desire to use in such improving in manner and within the time above provided, the mayor and council shall determine upon the material to be used. The cost of improving the streets and alleys within any improvement district, except the paving of intersection 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 assessments of special taxes for improvement purpose herein provided for shall be made as follows: The total costs of the improvements shall be levied at one time upon the property and become delinquent as herein provided. One-tenth (1-10) of the total amount shall be delinquent in fifty 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, onetenth (1-10) in nine years, each of said installments, except the first, shall draw interest at the rate of six per cent. per annum from the time of 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, 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 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 and sell personal property shall in no wise affect the lien of the tax, or any proceedings authorized by law to enforce the tax. In case of omission, errors, or mistake in making such assessment or levy in respect of the total cost of the improvements, or deficiencies, or otherwise it shall be competent for the council to make a supplemental assessment and levy to supply such deficiencies, and omission, errors, or mistakes. The cost of paving, macadamizing, or repaving 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 constructed to exempt any street railway company from keeping every portion of every street and alley used by it, upon or across which its tracks shall be constructed, at or near the grade of such streets, in good and safe condition for public travel, and shall keep the same planked, paved, macadamized, or otherwise in such condition for public travel as the city council of such city may from time to time direct, keeping the plank, pavement, or other surface of the street or alley level with the top of the rails of the track of such street railway. For the purpose of paying the costs of improving the streets and alleys in any improvement district, exclusive of the intersections of streets and space opposite alleys therein, except as hereinafter provided, the mayor and council shall have power, and may by ordinance cause to be issued bonds of the city, to be called "district street improvement bonds" of district No..............." payable in, not exceeding ten (10) years from date, and to bear interest, payable annually, not exceeding the rate of six (6) per cent per annum, with interest coupons attached, and in such case shall also provide that said special taxes and assessment shall constitute a sinking fund for the payment of said bonds and interest. Provided, that the entire cost of improving 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 (50) days from the levy of such special taxes, and thereupon such lots or lands shall be exempt from any lien or charge therefor; And, Provided further, That whenever the property owners representing three-fifths (3-5) of the feet frontage of lots or lands upon any street or alley or part thereof, shall

petition the city council to create an improvement district including street and alley intersections, if any, and to have the same improved without cost to the city, then, and in that case the council shall have power to create such district and cause a contract to be made for such improvement, and to assess and levy a special tax upon all lots or lands within such improvement district so created, to pay for the said improvement, within the same, including the intersection of streets and alleys, if any. Whenever the mayor and council deem it expedient, they shall have power for the purpose of paying the cost of paving, repaving, 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 of not exceeding six per cent per annum with coupons attached, to be called "Paving Bonds," and which shall not be sold for less than par; and the proceeds of which shall be used for no other purpose than paying the cost of paving, repaving, 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 dollars ($100,000); and, Provided further, That no such bonds shall be issued until the question of issuing the same had 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 question at such election. If in any city of the metropolitan class there shall be any real estate not subject to assessment of 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 intersection 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 unsubdivided real estate. The word "street" shall be deemed to include boulevard. Provided, That if the lots and real estate abutting upon that part of the street ordered pavied, improved, as shown upon any such recorded plat or map, are not of uniform 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 accruing 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 improvement in the improvement districts, in this section herein before 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 improving, 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 improvement, or only such as own real estate that in fact abuts upon 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 cases where, in the discretion of the mayor and council, it is just and proper so to do, the mayor and council shall have the right and authority to fix and determine the depth to which real estate shall be charged and assessed with the cost of such improvement, without regard to the lines of such lots, the same to be fixed and determined upon the basis of benefits accruing to the real estate by reason of such improvement. Where such improvements have already commenced or contracts therefor have been entered into under any ordinance passed upon a petition of property

owners, as well as the cases where the material to be used for such improvements has been ordered in accordance with the determination of property owners, such petition and determination shall be deemed and taken as sufficient compliance with the law, if the requisite number of owners of real estate which in fact abuts upon the part of the street ordered to be so improved have joined therein. The provisions of this section in regard to the depth to which real estate may be charged and assessed, shall apply to all special taxes that may be levied, except for sidewalk, in proportion to the front foot, in cities of the metropolitan class. No court shall entertain any complaint that the party was authorized to make, and did not make to the city council sitting as a board of equalization, nor any complaint not specified in said notice fully enough to advise the city of the exact nature thereof; nor any complaint that does not go to the ground-work, equity, and justice of the tax. The burden of proof to show such tax or part thereof invalid, inequitable, and unjust, shall rest upon the party who brings such suit. Whenever the mayor and council shall enter into or shall have entered into a contract with any paving contractor to keep the pavement in any paving or street improvement district in repair for a term of years for a specified price per year, said mayor and council shall have the power and it shall be their duty to levy annually a special tax and assessment upon all the property in the paving or street improvement district to cover the cost of said repairs. Such special tax shall be levied and collected as in other cases of special taxes. [Amended 1891, chap. 7.]

SEC. 70. Railways-Paving.]-All horse, cable, steam, electric, or other railway companies now existing or hereafter created in cities of the metropolitan class, already incorporated or hereafter organized, shall be required to pave or repave at their own. cost all the space between its different rails and tracks and also a space outside of the outside rails of the outside tracks of twelve (12) inches, and the tracks herein referred to shall include not only the main tracks, but also all side tracks, crossings, and turnouts used by such companies, and where two or more companies occupy the same street or alley with separate tracks, then each company shall be responsible for the proportion of the surface of the street or alley occupied by all the parallel tracks as herein required. Such paving or repaving by such railway companies shall be done at the same time and shall be of the same material and character as the paving or repaving of the streets or alleys upon which said railway track or tracks is located, unless other material be specially ordered by the board of public work; Provided, That in lieu of the above and until January 1st, 1891, such street railways shall only be required to pave between their rails. Such railway companies shall be required to keep that portion of the street which they are herein required to pave or repave in good and proper repair, using for said purpose the same material as the street upon which the track or tracks are laid at the point of repair, or such other material as the board of public works may require and order; and as streets are hereafter paved or repaved, street railway companies shall be required to lay, in the best approved manner, a flat rail to be approved by the board of public works. The track of all railway companies, when located upon the streets or avenues of the city, shall be kept in repair and safe in all respects for the use of the traveling public, and said companies shall be liable for all damages resulting by reason of neglect to keep such tracks in repair, or for obstructing the streets or avenues of such city. For injuries to persons or property arising from the failure of such company to keep their tracks in proper repair and free from obstructions, such companies shall be liable, and the city shall be exempt from liability. The word "companies," as used in this act, shall be taken to mean and include any persons, companies, corporations, or associations owning any street or other railway in any such city. [Amended 1889, chap. 13.]

SEC. 71. [Same-Neglect.]-In the event of the refusal of such companies to pave, repave, or repair as required in the foregoing sections, when so directed by the

SEC. 70. So much of section 9 of an act to amend sundry sections of chapter 12 a, of the compiled statutes approved April 9, 1891, as purports to amend this section, is omitted from this compilation, because section 70 was mentioned neither in the title nor the repealing clause thereof.