Section 52 amended.

Powers of city council.

Ordinary repairs.

SEC. 2. That section 52 of article 2, of chapter 14 of the Compiled Statutes, relating to cities of the second class having over five thousand (5,000) inhabitants, be amended by adding thereto the following subdivisions LVIII. and LIX.:

LVIII. The city council shall have power to open, extend, widen, narrow, grade, curb, gutter, 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 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 part opened, widened, curbed, guttered, graded, parked, extended, constructed, or otherwise improved or repaired, or which may be specifically 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, alleys, or parts thereof to the established grade shall be paid out of the general or road fund of the city;

owners.

Provided, further, That where any street is to be Petition by 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 such street to be so partially graded, shall have petitioned the city council for such to be done;

established.

Provided, further, That in case the grade of any Grade not 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 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; and

pair sidewalks

Provided, further, That in case the owner or Failure to reowners 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 injury occasioned by reason of the defective or dangerous condition of any such sidewalk; and

property

owners.

Provided, further, That curbing and guttering Petition of 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

Powers and duties of Mayor and council,

Choice of material for paving.

Assessment.

guttered. The mayor and council of any city governed by this act shall have power to pave, repave, or macadam any street or alley or 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 and under the superintendence of the board of public works of the city; whenever the owners of lots or lands abutting upon the s reets 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 and 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 districts, except the intersections of streets and space opposite alleys within such districts, 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.

assessment.

The assessment of the special taxes for paving Method of 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 amount shall become delinquent fifty Delinquency. (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 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.

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 Seizure 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

personal

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 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 be competent for the Supplemental council to make a supplemental assessment and levy to supply the deficiencies, omissions, errors, or mistakes.

assessment,

Intersection of streets.

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 Street railways shall be construed to exempt any street or other railway company from paving or repaving its whole right of way, including all space between and one foot beyond their outer rails, at its own cost whenever any street shall be ordered paved or repaved by the Mayor and council of the city as provided by law.

Bonds.

For the purpose of paying the cost of paving, macadamizing or repaving 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.

-," payable in not exceeding ten years from date and to bear interest payable annually not exceeding the rate of seven per cent per annum,