Bainbridge Street Improvements.

be prorated, and the total amount of the same shall be determined by computing the lineal frontage of said owner together with the width of such pavement or improvement on said street, sidewalk, or alley. The City of Bainbridge on either of the plans, whether the plans City pays for set out in section 2 or sections 3 or 4 is employed, shall pay the whole costs of the paving and pavement of all intersections of streets, sidewalks, and alleys.

intersections.

Publication of ordinance,

etc.

Sec. 7. Be it further enacted by the authority aforesaid, that when and after the written petitions set out in section 1, 2, 3, and 4 of this act are properly signed by the owners of fifty-one per cent of the lineal frontage of property abutting on streets, alleys, and sidewalks petitioned to be paved and improved under this act and filed with the Mayor and Aldermen of the City of Bainbridge, the Mayor and Aldermen shall pass an ordinance setting out the receipt of said petition, and the streets, alleys, and sidewalks sought by said petition to be paved. Before said ordinance shall be passed, however, said ordinance shall be published in the newspaper in Bainbridge in which the legal advertisements appear, in at least two consecutive issues, giving the date of the meeting of counIcil at which the same shall be introduced. In said advertisement the names of the petitioners signed to said petition, the streets sought to be paved, and the percentage of the owners of the lineal frontage of property abutting on said streets, sidewalks, and alleys to be Council meet paved. At said meeting at which said ordinance is introduced said Mayor and Council shall have open to the inspection of any citizen of Bainbridge the original petition to pave said streets, sidewalks, and alleys of Bainbridge, and the original signatures thereto, and also the ordinance to pave said streets, sidewalks, and alleys sought to be paved in said petition. Said ordinance to pave said streets, alleys, and sidewalks shall be limited and restricted to only such streets as are petitioned for in said petition signed by the owners of

ing.

Bainbridge Street Improvements.

Objections by

fifty-one per cent. of the lineral frontage of property abutting on said streets, sidewalks, and alleys aforesaid. Any citizen of Bainbridge may appear at said meeting citizens." of the Mayor and Aldermen and make objections, if they desire, against the passage of said ordinance, for any legal reason that they may have. Such meeting may be held at the regular time, or any call meeting pon due notice given to any person interested, by one notice in the newspaper that carries the City's legal notice. Any number of streets, parts of streets, sidewalks, parts of sidewalks, or alleys or parts of alleys may be included in one ordinance; provided they are petitioned for in the petitions set out in sections 1, 2, 3, and 4. If, at the meeting to hear objections and pass the said ordinance providing for the paving according nly to streets, sidewalks, and alleys set out in said petition signed by fifty-one per cent of the owners of the lineal frontage of said property abutting on said streets sought in said petition to be paved as aforesaid, any Presumption person, company, or corporation subject to any part of from nonthe assessment or the cost thereof does not within twenty days thereafter begin legal or equitable proceedings to prevent such pavement, and the consequent assessment from being made, shall be presumed to have agreed to the assessment and the acceptance of such ordinance.

Sec. 8. Be it further enacted by the authority aforesaid, that when and after said petition of fifty-one per cent. of the owners of the lineal frontage of property abutting on streets, alleys, and sidewalks to be paved on either the plan set out in section 2 or 3 of this Act, and when and after the ordinance pursuant to said petition and accordance thereto is published, and when and after opportunity to object to said ordinance is given as aforesaid, the Mayor and Aldermen, if they deem it advisable, are authorized to proceed to pave, macamacadamise, or otherwise improve the streets, sidewalks, and alleys petitioned for in said petition, and they are authorized and empowered to enter into a contract for

action.

Bainbridge Street Improvements.

such improvement in the following manner: Said Mayor ment for bids, and Aldermen shall advertise for sealed bids for the

Advertise

Notice, how comprehensive.

furnishing of the material and for performing the work necessary in making such improvements. The notice shall be in such form as they deem best, and shall state what bond shall be required to be executed by such contractor, the time and place where the sealed proposal shall be opened, the extent and character of the paving and other improvements, the manner of the payment therefor, one third by the City in cash from money in its treasury, or temporary loans for the current year, or the proceeds of the sale of bonds issued for that purpose, and two thirds by the owners of the abutting in defered payments of ten annual instalments evidenced by bonds hereinafter provided for, according to the plan of the petition as set out in section 2 of this act, known as the "one-third plan." Or the manner of payment therefor according to the "Oklahoma plan” as set in section 3 of this Act, the city only paying for the intersection of streets, sidewalks, and alleys in cash, or by temporary loans for the current year, or the proceeds of bonds issued for that purpose, and the abutting property or the owners thereof paying the whole costs of the paving except the intersection of streets, alleys, and sidewalks as aforesaid as set out in section 3 of this Act, according to whichever plan is petitioned for by the owners of fifty-one per cent. of the lineal frontage of the property abutting on the streets, alleys, and sidewalks sought by said petitioners to be paved and authorized according to the ordinance of the Mayor and Aldermen of the City of Bainbridge in pursuance of and according to the terms of said petition. The said owners of said abutting property paying the whole of said costs of paving said streets, according to this said "Oklahoma Plan" in ten equal annual installments evidenced by bonds hereinafter provided for, and such other information as will give the public and the proposed bidders all necessary information regarding the work proposed to be done and the contract executed to be made. Such

Bainbridge Street Improvements.

notice shall be published once a week for four consecutive weeks in a newspaper published in said City in which the legal advertisements appear. At the time and place specified in said notice the Mayor and Aldermen shall receive and examine all bids submitted and award the contract to the lowest and best bidder, or the Mayor and Aldermen will have the right to reject any and all bids and readvertise for bids if in their judgment said bids are unsatisfactory.

Apportion

and expenses.

Sec. 812. Be it further enacted by the authority aforesaid, that as soon as said contract is let and the costs ment of costs, of the improvements ascertained, which costs shall include all expenses incurred incident to said improvements, such as engineering fees, printing bills, and all other necessary and incident expenses, the Mayor and Aldermen shall appoint a committee of the council by ordinance, said committee's duties being to appraise and apportion the costs and expenses of the improvements to the several tracts of land abutting on said improvements, and within fifteen days thereafter said committee shall file with the clerk of a written report of such appraisal and apportionment on the basis by which said pavement was petitioned for, whether on the third plan or the Oklahoma Plan. Immediately thereafter the clerk of Notice to the council shall notify such person owning land abutting property. on the streets, sidewalks, or alleys petitioned to be paved or improved as set out in section 2 or 3 of this act, by mail, giving the approximate amount of such assessment against such property. When said report has been returned and filed, after notice given to each property-owner assessed, the Mayor and Aldermen shall appoint a time for holding a session of council, or shall designate a regular meeting, for the hearing of any objections that may be made concerning said appraisal report of apportionment as to any such tract or lot of land abutting on said improvements, and notice of such session of Council shall be published in one issue of the newspaper published in said city in which the legal ad

owner of

Bainbridge Street Improvements.

review.

vertisements appear. The time fixed for said hearing Hearing and shall not be less than five or more than fifteen days from the date of the publication of said notice. At said session the Mayor and Aldermen shall have the power to review and correct the appraisals and apportionments made, to hear objections to the same, and either confirm the report of the committee or otherwise give the same proper direction.

Installment payment of assessments.

Interest.

Times for payments.

Sec. 9. Be it further enacted by the authority aforesaid, that the assessment made against the property and the owners thereof, abutting on such improved streets, sidewalks, or alleys, shall be paid in ten equal annual installments and shall bear interest at the rate of six per cent. per annum until paid, said interest being payable annually. Said ordinance shall also provide that the said owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the passage of said ordinance. The owners of the property so assesed shall be allowed to make payment of their respective assessments without interest within said period of thirty days to the treasurer of the City of Bainbridge and relieve their property from the lien of said assessment, which money so paid to said treasurer shall be destributed pro rata between the contractor and the City in proportion to their respective interest.

Sec. 10. Be it further enacted by the authority aforesaid, that the first installment of such assessment together with interest to that date upon the whole shall be payable on the first day of December next succeeding the date of the levy of such assessment, and one installment with the annual interest upon the whole amount remaining unpaid shall be due and payable on the first day of December of each succeeding year thereafter until the entire assessment shall be paid. It shall be the duty of said Treasurer of or the Clerk of the City, not less than thirty nor more than forty days before the maturity of