LX. Same, Regulate. To make all such ordinances, by-laws, rules, regulations, resolutions, not inconsistent with the laws of the state as may be expedient, in addition to the special powers in this section granted, maintaining the peace, good government, and welfare of the city, and its trade, commerce, and manufactories, and to enforce all ordinances, by inflicting penalties for the violation thereof not ex- Penalties for ceeding one hundred dollars for any one offense, recoverable with costs, together with judgment of imprisonment, until the amount of said judgment and costs shall be paid.

violation of ordinances.

LXI. Council, President of.-To elect one of their own body, who will be styled the "president of the council," and who shall preside at all meetings of the council in the absence of the mayor, and in the absence of the president to elect one of their own body to occupy his place temporarily, and who shall be styled "acting president of the Acting council;" and the president and acting president when occupying the place of mayor, shall have the same privileges as other members of the council, and all acts of the president or acting presidest while so acting, shall be as binding upon the council and upon the city as if done by the mayor.

president.

LXII. Ordinances, Revision of. To provide for the revision of the ordinances from time to time and for their publication in pamphlet or book Publication of. form, with or without the statutes relative to cities governed by this act.

LXIII. Paving.-The council shall have power to open, extend, widen, narrow, grade, curb, gut

Assessments

for.

Expenses of grade.

ter, and pave, 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 part, 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 a 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.

Provided, That the above provisions shall not apply to ordinary repairs of streets, or alleys, and one-half of the expenses of bringing streets, avenues, alleys, or parts thereof to the established grade shall be paid out of the general or road fund of the city.

Provided further, That where any street is to be graded under the provisions of 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

owners.

such street to be so partially graded shall have pe- Petition of titioned the city council for such work to be done.

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, 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 Plank sidein such case.

walks, when used.

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 to all damages or injury OCcasioned by reason of the defective or dangerous owners. condition of any such sidewalk; and

Defective side

walks, liability of property

Petition for

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 curbing and 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 governed by

guttering.

this act shall have power to pave, repave or ma- Paving districts cadam any street or alley, or part thereof, in any

city, and for that purpose to create suitable paving

Petition for paving.

Notification of material to be

used.

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 abutting upon the streets, or alleys within any paving district, representing a majority of 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 owners shall determine upon.

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, 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 shall determine upon the material to be used.

The cost of paving, macadamizing, or repaving the streets and alleys within any paving district, except the intersections of streets and space oppolots adjoining. site alleys within such districts, shall be assessed

Shall assess

Method of assessment.

upon the lots and lands especially benefited there

by in such district 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:

delinquency.

One-tenth (1-10) of the total amount shall be- Periods of come 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, onetenth (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 a penalty of five per cent, together with interest at the rate of one per cent per month, 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.

personal

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 Liability of the real estate upon which such taxes have been property. 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 uponjexecution, 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,