Notice to be

given.

What to specify.

Remon

be made.

street or part thereof, now or hereafter laid out or established within the corporate limits of the city, and to make such improvements in such manner as it may think best, subject to the conditions and restrictions contained in Section 1, Article 4, of this Act. The power and authority to improve a street includes the power and authority to improve the sidewalks and pavements, and to determine and provide for everything convenient and necessary concerning such improvements.

SEC. 2. No grade or improvement mentioned in Section 1 can be undertaken or made without ten days' notice thereof being first given, by publication in some daily newspaper published in the city, or by posting, as may be prescribed by the order or resolution of the Council.

SEC. 3. Such notice must be given by the Clerk of the Council, by order of the Council, and must specify, at least in general terms, the street or part thereof proposed to be improved, or of which the grade thereof is proposed to be established or altered, and the kind of improvement which is proposed to be made.

SEC. 4. Within ten days from the publication of such. strances may notice the owner of property fronting on such street, or part thereof, as the case may be, amounting to two-thirds of the frontage on such street, or part thereof, may make and file with the Clerk of the Council a written remonstrance against the proposed improvement, grade, or alteration thereof, and thereupon the same shall not be further proceeded in or made; but no protest shall be binding upon the Council for any longer period than three months from the presentation thereof; and provided, that the Council may proceed sooner if the property holders, owning real estate amounting to at least one-half of the frontage of property liable to be assessed for the improvement, shall petition the Council for such improvement, in writing; provided, however, when a notice has been given to establish a grade in the hill lands, when it is intended to cut down or fill in the street crossing, the property owners having two-thirds of the frontage of the four blocks adjoining said crossing, to the center or middle of said blocks, may make and file with the Clerk of the Council a written remonstance against the proposed cutting down or filling in of said crossing, and thereupon the same shall not then be further proceeded with, except as otherwise provided in this Act by process of condemnation.

When improvements

SEC. 5. If no remonstrance be so made and filed, the to be made. Council, at its earliest convenience thereafter, and within six months from the final publication of such notice, may establish the proposed grade, or alteration thereof, or commence to make the proposed improvements, by passage of necessary resolution, as herein provided; but provided further, that whenever the owners of two-thirds of the property fronting on any street shall petition the Council to establish or alter the grade, or to improve any street, the Council shall at once proceed to establish or alter the grade or make such improvement.

Property

owners may petition.

proposals,

SEC. 6. When the resolution of the Council ordering any Council to work to be done has been adopted, the Council shall there- advertise for after, without unnecessary delay, proceed to advertise, for etc. such time and in such manner as it shall see fit, for proposals to do said work and for the awarding of such contract as it shall deem best and not inconsistent with this Act. The Council shall have the right to reject any or all bids, and may re-advertise for other proposals. It may let the work in such sections or parcels as it may deem best.

SEC. 7. In case the notice be for the improvement of a street or part thereof, the Council may, as soon as practicable after awarding the contract, through the Surveyor or other officer and employés, proceed to assess upon each lot or part thereof, fronting thereon and liable therefor, its proportionate share of such cost. No defect in the name of any owner Defect in shall affect the validity of any assessment upon any lot or invalidate part thereof, and if the name of any owner be unknown the assessment. lot or part thereof may be assessed to unknown owners.

name not to

be entered

SEC. 8. When the cost of improvement has been ascer- statement to tained and determined, and the proportionate share thereof in docket on each lot or part thereof has been assessed to the satisfac- of liens. tion of the Council, as provided in Section 7, the Council must, by motion, declare the same and direct its Clerk to enter a statement thereof in the docket of city liens, as provided in the next section.

liens; what

SEC. 9. The docket of city liens is a book in which must Docket of be entered, in pursuance of this Act, the following matters to contain. in relation to assessments made in pursuance of this Act. There must be entered therein:

First-The number or letter of the lot assessed, and the number or letter of the block in which it is situated, or any other valid description of the property, and if a separate assessment is made upon a part of a lot, a particular description of the part.

Second-The name of the owner thereof, or that the owner is unknown.

Third-The sum assessed upon such lot or part thereof, and the date of the entry.

liens

SEC. 10. The docket of the city liens is a public writing, Docket of and imparts notice to all the world of the matters and things defined. therein recorded; and the original or certified copies of any matter authorized to be entered therein are entitled to the force and effect thereof, and from the date of an entry therein of an assessment upon a lot or part thereof of a sum so entered, is to be deemed a tax levied and a lien thereon, which lien shall have priority over all other liens or incumbrances thereon whatever.

sue warrant.

SEC. 11. If, within fifteen days from the entry of the clerk to isassessment in the docket of the city liens, the sum assessed upon any lot or part thereof is not wholly paid to the city treasury, and a duplicate receipt thereof filed with the Clerk of the Council, the Clerk shall issue a warrant directed to the City Tax Collector, or other person authorized to collect taxes due the city.

Requisition

SEC. 12. Such warrant must require the person to whom of warrant.

Effect of warrant.

Deed for property given.

Property;

how redeemed.

Effect of redemption.

Suit; how maintained.

Lots liable for costs.

it is directed to forthwith levy upon the lot or part thereof upon which the assessment is unpaid, and sell the same in the manner provided by law, and to return the proceeds of such sale, less his fees, if any be allowed by the Council therefor, to the City Treasurer, and the warrant to the said Clerk, with his doings indorsed thereon, together with the receipt of the City Treasurer for the proceeds of such sale, as paid to him; and if at such sale a sufficient sum be not bid to cover the assessment and costs, the city shall become the purchaser. SEC. 13. Such warrant shall have the force and effect of an execution against real property, and shall be executed in like manner, except as in this Article otherwise specially provided. If, from any cause, any warrant be not executed within the time allowed by law, the Council may order the issuance of an alias warrant, and as many thereof as may be necessary to enforce the collection of such assessment.

SEC. 14. The person executing such warrants shall immediately make a deed for the property sold to the purchaser, stating therein that the same is made subject to redemption, as provided in this Article. Within one year from the date of such sale, the owner, or any person in interest, may redeem the same, or any part thereof, upon the terms and conditions provided in the next section.

SEC. 15. Redemption of the whole property is made by the payment of the purchase money, and, in addition, ten per cent., if paid within three (3) months; twenty per cent., if paid within six (6) months; thirty per cent., if paid within nine (9) months, and forty per cent., if paid within twelve (12) months, and the amount of any tax or incumbrance which the purchaser may have paid upon the property. Redemption of a part is made by the payment of that proportion of the purchase money which the part redeemed bears in value to the property soid for the assessment.

SEC. 16. A redemption discharges the property from the effects of sale for the assessment. If made by the owner, or his successor in interest, the estate in the property is thereby restored to such owner, or successor in interest, as the case may be; but if made by a lien creditor, the amount paid for the redemption is thereafter to be deemed a part of his judgment, decree, or mortgage, as the case may be, and shall bear like interest, and may be enforced and collected as part

thereof.

SEC. 17. Whenever a purchaser, or those claiming under him, refuse to convey to a person entitled to redeem, such person may enforce a conveyance thereof by a suit in equity, as for a specific contract to convey real property, and such suit may be maintained against absent parties, without proof of the tender of the money, and offer to redeem if the plaintiff bring such money into Court and offer there to redeem. SEC. 18. Each lot, or part thereof, fronting upon any street or part thereof, ordered to be improved, shall be liable for the proportion of the costs for making such improvements which the frontage of such lot or part bears to the total frontage of the street or part thereof, along which such improvement is ordered; provided, that the Council shall

allow a credit at the contract price, as awarded by the Council, upon any assessment for any improvement of a street in front of any real estate, or for any grading done at any time before the adoption of such assessment by the Council; and provided further, that no such credit shall exceed the amount of the proposed assessment against such real estate, for and on account of which such credit is claimed.

how paid.

SEC. 19. The cost of providing crosswalks and of improv- Cost of iming all intersections of strects, and of the space included provement; between the center line of the street to be improved, and the prolongation of the side lines of any street forming a junction with such street to be improved to such center line, shall be paid out of the General Fund of the city, and shall not be included in such assessments. The cost of the surveys, maps, and of establishing grades shall be paid out of the General Fund. Whenever any street or part thereof has been graded or otherwise improved at the expense of the owners of the real estate fronting thereon, and the same has been accepted by the Council, and the same shall require any repairs to be made thereon at any time, the Council shall order such repairs to be made. Any material required in such repairs to be only of the same nature and kind as previously used, and pay the same out of the General Fund.

SEC. 20. A sale of real property, under the provisions of Estate conthis Article, conveys to the purchasers, subject to redemption, veyed, etc. as herein provided, all the estate or interest therein of the owners, whether known or unknown.

pay

how col

SEC. 21. When an assessment upon any lot or part thereof Interest; for any improvement done, or ordered to be done upon any lected. street, for the payment of which assessment such property is chargeable, becomes delinquent, any person having a lien thereon by judgment, decree, or mortgage, or otherwise, may, at any time before the sale of such lot or part thereof the same, and the Council shall, upon such payment being made, order the Mayor, in the name of the corporation, to make and execute and deliver to the party making such payment, and to his assigns, an assignment and transfer of said claim of the corporation therefor, and upon such transfer being made, the amount of such delinquent assessment and all costs thereon, together with the cost of making such assignment, shall thereafter be deemed a part of such lien, creditors' judgment, decree, mortgage, or other charge and incumbrance, and shall bear like interest, and may be enforced and collected as a part thereof.

SEC. 22. If at any time it is found that the sum assessed Deficit a lion upon any lot or part thereof, for any improvement, is insuffi- on lots. cient, the Council must ascertain the deficit and declare the same. When so declared, the Clerk must enter the sum of the deficit in the docket of the city liens, in a column reserved for that purpose in the original entry, with the date thereof, and such deficit shall thereafter be a lien upon such lot or part thereof in like manner and with like effect as in the case of the sum originally assessed, and shall also be pay

Surplus; how disposed of.

Separate fund.

Proceedings without no

Tax to construct

able and may be collected in like manner and with like effect as in the case of such sum so assessed.

SEC. 23. If, upon the completion of any improvement, it is found that the sum assessed therefor upon any lot or part thereof is more than sufficient to defray the cost thereof, and the fees and other expenses allowed by the Council for collection, the Council must ascertain and declare the surplus in like manner as in the case of a deficit. When so declared, it must be entered, as in the case of a deficit, in the docket of city liens, and thereafter the person who paid such surplus, or his legal representative, is entitled to payment of the same by warrant on the city treasury.

SEC. 24. All money paid or collected upon assessments for the improvements of streets shall be kept as a separate fund, and in nowise used for any other purpose whatever.

SEC. 25. The proceedings authorized by this Article for tice; when the establishment or alteration of a grade, or the improvement of a street, or a part thereof, may be taken and had without giving the notice prescribed in section two (2), whenever the owner or owners of two-thirds of the property liable to be assessed shall, in writing, petition the Council therefor. SEC. 26. The Council shall have power, and is hereby Sewers, etc. authorized, to lay down all necessary sewers and drains, and keep the same in repair, and for that purpose shall have power to levy and collect, annually, as other city taxes are levied and collected, a tax not exceeding fifteen cents on each one hundred dollars of the taxable property in the city, to constitute a Sewer Fund, to be used for that purpose only, and shall, except as hereinafter provided, cause the same to be assessed on the property fronting on either_side_along which such sewer or drain is to be laid. The mode and manner of apportioning the estimated cost of improvements of streets, prescribed in Section 18, Article IX, of this Act, shall apply to the construction of such sewers or drains; provided, that no credit mentioned in said Section 18 shall be made in any assessment for construction of sewers, excepting where property owner has already paid for and connected with another sewer or sewers, or where a party cannot beneficially connect the sewerage of such property with such sewer, such property shall be exempted from such assessment. When it shall become necessary to construct a main sewer, or main branch sewer, the Council shall, by resolution or ordinance, order the same to be constructed or made, and shall, in the construction of such sewer, order that a part of the cost of such sewer, not to exceed one ($1 00) dollar per front foot, shall be paid by the owner of the property on either side of the street along which such main, or branch main, sewer shall be laid, so far as in the discretion of the Council the said property or property owners are benefited by such sewer, and shall order the remainder of the cost of constructing such sewer, together with all street crossings and parts of streets where parties have been exempted on account of not being able to connect beneficially with such sewers, or on account of having previously paid for and connected with