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Perry Street Improvements.
any part thereof, within the limits of the City of Perry, said Mayor and Aldermen shall by resolution declare such work or improvement necessary to be done, and such resolution shall be published in two (2) consective issues of a weekly newspaper published and having a general circulation in the City of Perry; and if a majority of the owners of the land liable to assessment to pay for such improvement of any such highway shall not, within fifteen (15) days after the last publication of such resolution, file with the Clerk of said City their protest in writting against such improvement, said Mayor and Aldermen shall have power to cause said improvement to be made to contract therefor and to levy assessments or liens provided for. Any number of streets, avenues, alleys, lanes, or other public places or parts thereof to be so improved may be included in one resolution, but any protest or objection shall be as to each street or other highway separately; provided, however, that if a majority of the owners of the land liable to assessment Petition of for any such improvement shall petition the Mayor and Aldermen for such improvement of any street or part of street, alley, lane, or avenue, or other public place, describing in such petition the character of the improvement desired, the width of the same, and the materials preferred by the petition by such improvements, it shall thereupon be the duty of said Mayor and Aldermen to promptly cause the said improvements to be made in accordance with the prayer of said petition, and in such cases the resolution hereinbefore mentioned shall not be required.
Assessment pro rata.
Sec. 5. Be it further enacted by the authority aforesaid, that the lots, pieces, or parcels of land fronting or abutting upon both sides of said improvements shall be charged. with the cost thereof according to the just pro rata of the entire cost of said improvement for the said frontage on basis on lineal foot frontage; provided, that the frontage of intersecting streets, avenues, lanes, or alleys shall be assessed as real estate abutting upon the
Perry Street Improvements.
street, lane, alley, or avenue paved or otherwise improved, and the said Mayor and Aldermen shall be for all intents and purposes of this Act an owner or legal representative of real estate abutting on any street, lane, alley, or avenue, shall posess the same rights and privileges as all other owners of real estate abutting on any such street, lane, alley, or avenue, and shall pay from the City treasury the just pro rata of the entire cost of said work or improvement for the said frontage.
Sec. 6. Be it further enacted by the authority aforesaid, that whenever the petition provided for in Section four of this Act is presented, or whenever the said Mayor and Aldermen shall have determined to pave or improve any street, avenue, lane, alley, or other public place, and shall have passed the resolution provided for in said Section four of this Act, the said. Mayor and Aldermen shall then have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to pay the cost of such improvement, and to cause to be put in and constructed all water, gas, or sewer-pipe connections to connect with any existing water, gas, or sewer-pipes in and underneath the streets, avenues, lanes, and alleys and other public places where such public improvements or to be made, and all cost and expenses for making such connections shall be taxed against such property shall be included and made a part of the general assessment to cover the cost of such improvement, in addition to the basis of said lineal foot frontage, if so determined by the appraisers hereinafter provided for.
Sec. 7. Be it further enacted by the authority aforesaid, that after the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for such improvement signed by a majority of the owners of the land to be assessed, if such petition shall be found to
Perry Street Improvements.
be in proper form and properly executed, the said Mayor and Aldermen shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of said Mayor and Aldermen to proceed with the said improvement, stating the material to be used and the manner of construction, and defining the extent, character, and width of the improvement, and other such matters as may be necessary to instruct the City Engineer of said City in the performance of his duties in preparing for such improvement the necessary plans, plots, profiles, specifications, and estimates. Said resolution shall set forth any and all such reasonable terms and conditions conditions. as said Mayor and Aldermen shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and the said Mayor and Aldermen shall by said resolution provide that the contractor shall execute to the City a good and sufficient bond in an Contractor. amount to be stated in such resolution, conditioned for the full and faithful performance of the work and the performance of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work, and may require a bond in an amount to be stated in such resolution for the maintenance of good condition of such improvements for a period of not less than five (5) years from the time of its completion, or both, in the descretion of said Mayor and Aldermen. Said resolution shall also direct the City AdvertiseEngineer of said City to advertise for sealed proposals proposals. for furnishing the materials and performing the work necessary for making such improvements. The notice of such proposal shall state the street, streets, or other public places to be improved, the kinds of improvements proposed, what if any bond or bonds will be required to be executed by the contractor aforesaid, and shall state the time when and the place where such sealed proposals shall be filed and when and where the same will be considered by said Mayor and Aldermen. Said
Perry Street Improvements.
Award of contract.
notice shall be published in two consecutive issues of a weekly newspaper of general circulation in the City of Perry. At the time and place specified in such notice the Mayor and Aldermen shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder, who will perform the work and furnish the materials which may be selected and perform all the conditions imposed by the said Mayor and Aldermen as prescribed in such resolution and notice for proposals, which contract shall in no case exceed the estimate of cost submitted by the City Engineer with the plans and specifications, and the said Mayor and Aldermen shall have the right to reject any and all bids and readvertise for other bids when any such bids are not in its judgment satisfactory.
Board of appraisers.
Sec. 8. As soon as the said contract is let and the cost of such improvement, which shall also include all other expenses incurred by the City incident to said improvements in addition to the contract price for the work and materials, is ascertained, the said Mayor and Aldermen shall by resolution appoint a Board of Appraisers, consisting of the City Engineer of said City, Clerk of City Council, and the Mayor of said City, to appraise and apportion the costs and expenses of the same to the several tracts of land abutting on said improvement as hereinbefore provided. Within ten days from the date of the resolution appointing said Board, the said Board shall file a written report of the appraisal and apportionment of such expense and cost to the several lots and tracts of land abutting on said street, alley, lane, or avenue or other public places so improved, with the Clerk of Council of said City in the manner and on the basis herein provided. When said report shall have been returned and filed, the said Mayor and Aldermen shall appoint a time for the holding of a session of Council, or shall designate a regular meeting of the Mayor and Aldermen of said City for the hearing of any complaints or objections that may be made concerning the said
Perry Street Improvements.
appraisement, apportionment, and assessment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by said Clerk of Council in one issue of any weekly newspaper of general circulation in the City of Perry at least five days before said hearing, and said notice shall provide for an inspection of such return by any property owner or other party interested in such return. The said Mayor and Aldermen at said session shall have power to review and correct said appraise- Review. ment, apportionment, and assessment, and to hear objections to the same, and to confirm the same either as made by said board or as corrected by said Mayor and Aldermen. Assessments in conformity to said appraisement and apportionment as confirmed by the Mayor Payment me! and Aldermen of the City of Perry shall be payable in ten equal installments, and shall bear interest at the rate of not exceeding seven per cent. per annum until paid, payable in each year at such time as the several installments of the assessments are made payable each year. The said Mayor and Aldermen shall by ordinance levy assessments in accordance with said appraisement and apportionment as so confirmed against the several tracts of land liable therefor; provided, however, that Interest. the rate of interest to be taxed shall not exceed one per cent. (1%) over and above the rate of interest stipulated in the bonds herein provided for.
Sec. 9. Be it further enacted by the authority aforesaid, that the first installment of said assessments, together with interest to that date upon the whole, shall payments. be due and payable on the first day of September next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall