such contracts shall be governed by the acts and ordinances now existing at the time they were made.

ling.

SEC. 115. On written petition of not less than Street sprinkone-half of the owners of feet front of the land fronting on any street or any specified part thereof, the mayor and council may order such street or specified part thereof to be sprinkled with water at such time or times as the council may deem proper. Such sprinkling shall be done by contract awarded to the lowest bidder in each case, or for the entire city or specified district thereof. To pay the ex-Expenses of, pense of such sprinkling the council may make special assessments on the lands abutting on such street or specified part thereof, either on the valuation thereof as listed for taxation, or by foot front. Such assessment shall be a lien on the lands charged from the time the council determines the amount assessed against each parcel of land and shall be collected as special taxes.

how met.

de shall

of grade
be by mayor

and

council.

SEC. 116. The mayor and council of any city governed by this act shall have power by ordinance to establish the grade of any street, avenue, or alley in the city; and when the grade of any street, avenue, or alley shall have been heretofore established, or when the grade of any street, avenue, or alley shall be established and approved as herein provided, "the grade of no street or part of a street shall be changed unless the consent in writ- Same, change 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 represents

of.

Damages of grade how ascertained.

a majority of the feet front thereon," and not then until the damages to property owners which may be caused by such change of grade shall have been assessed and determined by three disinterested freeholders who shall be appointed by the mayor and council for that purpose, who shall make such appraisement, taking into consideration the benefits, if any, to such property, and file their report with the city clerk; and the amount of damages so assesed shall be tendered to such property owners or their agents as soon as the funds for that purpose are obtained from the assessments of such damages upon property benefited by reason of such change of grade, or otherwise realized, provided that no street, avenue, or alley shall be worked to such change of grade until the damages so assessed shall be tendered to such property owners or their agents.

SEC. 117. Before any street, avenue, or alley shall be ordered graded, the damages, if any, by reason of such grading to property along that portion of the street proposed to be graded, including approaches thereto, shall first be ascertained and determined by three disinterested freeholders, who shall be appointed by the mayor and council for that purpose, who shall make such appraisement, taking into consideration the benefits, if any, to such property, and who shall exclude any damages resulting from any change or changes of the original or first established grade, and the amount of damages so assessed, unless an appeal is taken, shall be due and payable to such property owners,

or their agents, in sixty days after the completion and acceptance of such work of grading.

ap

Appropriation

perty and

SEC. 118. Whenever it shall become necessary of private proto appropriate private property for the use of the damages. city for streets, alleys, avenues, sewers, public squares, gas-works, waterworks, or such other purpose authorized by this act, and such appropriation shall be declared necessary by ordinance, the mayor, with the approval of the council, shall point three disinterested freeholders of the city, who, after being duly sworn to perform the duties of their appointment with fidelity and impartiality, shall assess the damage to the owners of the property, respectively, taken by such appropriation. Such assessment shall be reported to the council for confirmation, and if the same shall be confirmed, the damages so assessed shall be paid to the owners of such property, or deposited with the city treasurer, subject to the order of such owners respectively; after which such property may, at any time, be taken for the use of the city. If the assessment be not confirmed by the council, proceedings may be taken anew to assess the damages.

awarded shall

assessment on lots and lands

SEC. 119. The council shall have power, and is Damages hereby authorized, to assess the damages awarded be paid by or recovered for grading, change of grade, or for benefited. the appropriation of private property, upon the lots and lands benefited, which shall abut or be adjacent to the street, avenue, or alley graded, or for the opening, extending, or widening of which private property shall be appropriated, or on which

Right of appeal by owners of property damaged.

the grade shall be changed; and in the case of the appropriation of land for widening of a street, avenue, or alley, the council may consider, for the purpose of determining benefits and equalizing such assessment, whether any portion of the street, avenue, or alley had been previously donated from any lot or piece of land abutting or adjacent thereto.

SEC. 120. In all cases of damage arising under the provision of this act, the party or parties whose property is damaged or sought to be taken by the provisions of this act shall have the right to appeal from such assessment of damage to the district court of the county in which such property is situated, within thirty days after the assessment provided for in this act, and in case of such appeal the decision and finding of the district court shall be transmitted by the clerk thereof, duly certified, to the city clerk to be filed and recorded in his office; but such appeal shall not delay the appropriation of the property sought to be taken, or delay the improvement proposed, or retard the change of grade sought to be made, and in no case shall said city be liable for the cost on such appeal, unless the owner of such real estate shall be adjudged entitled upon the appeal to a greater amount of damage than was awarded by said freeholders. The remedy by appeal, herein allowed, shall be deemed and held to be exclusive, and no person shall be allowed to prosecute or maintain any original action to recover any damages herein authorized or provided for.

such appeal upon the trial

SEC. 121. In all cases of damages arising un- Precedence of der the provisions of this act, upon appeal being docket. taken by any person from any award or assessment of damages, the city shall have the right, upon giving five days' notice to the person or persons appealing, to have such appeal placed upon the trial docket or calendar of the court to which such appeal may be taken, at the head of the list of cases for trial, and such appeals shall have priority and precedence in the order of trial thereof over civil actions, and the court shall so arrange the call of cases for trial as to give such appeals such priority and precedence.

ing clause.

SEC. 122. The enacting clause of all ordinances Form of enactshall be as follows: "Be it ordained by the city

SEC. 123. All ordinances of the city shall be passed pursuant to such rules and regulations as the council may prescribe;

nances,

the

Majority vote.

Provided, That upon the passage of all ordi- Yeas and nays. shall be entered upon yeas and nays the record of the city council, and a majority of the votes of all the members of said council shall

be necessary to their passage.

ces may pass.

Provided further, That no ordinance shall be When ordinanpassed the same day, or at the same meeting it is introduced, except the general appropriation ordinance at the first meeting of each month.

authenticity of ordinances.

SEC. 124. All ordinances of the city may be enti proven by the certificate of the clerk under the seal of the city, and when printed or published in a book or pamphlet form, and purporting to be