ment.

trustees, and the board of trustees shall not order any such street improvement until the same has been recommended by the improvecommissioners of public works. The commissioners may also, except as herein prohibited, recommend any improvement, the cost and expense of which is to be paid by the city, though no application may have been made therefor; and must make, with said recommendations to the board of trustees, an estimate of the expense, and in such case the board of trustees may order the same done.

When said board shall recommend any work to be done on a street intersection or crossing, where the streets do not intersect each other at right angles, it shall in each case determine what lots in the blocks adjacent to such intersection or crossing will be benefited by said work, and shall cause a map to be made on which shall be delineated the lots so to be benefited. Said map shall be transmitted to the board of city trustees with such recommendation. The commissioners shall not recommend, nor the board of trustees shall not authorize, any work to be done or any improvements to be made on any street, lane, alley, court or place in front of private property, except the cost of all work to be done, or improvements to be made, including incidental expenses, shall be assessed to the property so improved, except otherwise provided in this charter.

sioners of

recom

SEC. 183. The commissioners of public works may recom- Commismend the making of any repairs or improvements that they public may deem necessary for the public good, but before recommend- works may ing to the board of trustees the ordering of any work or mend improvement, the cost and expense of which, or any part thereof, is to be assessed to private property, said commissioners shall pass a resolution of their intention to recommend the same, specifying the work to be recommended, and shall fix a day when they shall take final action upon such resolution, and within ten days thereafter the secretary of said commissioners shall, without any further authority, cause a copy of said resolution to be published in one newspaper for a period of ten days. Said board of commissioners shall cause to be conspicuously posted along the line of said contemplated improvements, at points not more than one hundred feet distant apart, notices, not less than three in all, of the passage of said resolution. Each of said notices shall be headed, "notice of street work," in letters of no less than two inches in length, and shall, in legible characters, state the fact of the passage of said resolution, its date, and, briefly the work of improvement proposed, and refer to resolution for particulars.

by prop

owners.

SEC. 184. At any time within ten days after the first pub- Objections lication of said resolution of intention, the owner of, or any erty person interested in, any lot liable to be assessed for the proposed improvement, may file with the secretary of the commissioners his objection to said improvement, stating briefly the ground thereof; and if at any time within said period of ten days, the owners of a majority of the frontage to the lands liable to be assessed for said improvement shall file written

Street improvement.

Hearing of

objections to the same, the commissioners shall not recommend the ordering of said improvement, and shall not, within six months thereafter, pass any resolution of their intention to recommend the same, unless prior thereto they shall receive a petition therefor signed by the owners of a majority of the frontage of the lands liable to be assessed for said improvement.

Upon the day fixed in their resolution of intention for final objections action thereon, or at their next regular meeting, the commissioners shall consider and pass upon said objections.

Street assessment.

If the commissioners shall consider that the objections are sufficient, they shall adopt a resolution to that effect, and shall not recommend the ordering of said improvement. If they shall consider that said objections are not sufficient, or if no objections are filed, the commissioners may recommend the ordering of said improvement, and must, with their recommendation, transmit to the board of trustees all objections to such recommendation that may have been filed.

At the next regular meeting after receiving from said commissioners their recommendations of such improvement, or at such time within thirty days thereafter, to which the hearing thereof by the board of city trustees may be postponed, the board of city trustees shall act upon such recommendation; and if any objections to the ordering of such improvement have been transmitted with said recommendations they shall consider and dispose of said objections before passing upon said recommendation. If the board of trustees shall consider the objections, or any of them, sufficient, it shall so declare by resolution. If the board of trustees consider the objections insufficient, it may, by ordinance, order the work or improvement done. Their action on said recommendation must, in each case, be certified to the secretary of the commissioners of public works, and the secretary shall thereupon enter the facts so certified in his records of street work.

Street assessments.

SEC. 185. When any work in or upon any public street shall have been completed according to contract, the commissioners shall make an assessment to cover the sum due for the work performed and specified in the contract, including all incidental expenses, in conformity with this article, according to the nature. and character of the work; which assessment shall briefly refer to the contract, the work contracted for and performed, and shall show the amount to be paid therefor, together with any incidental expenses, the rate per front foot assessed, the amount of each assessment, the name of the owner of each lot, if known to said commissioners, and if not known the word "unknown" shall be written opposite the number or letter of each lot assessed, and shall have attached thereto a diagram exhibiting the street or street crossing on which the work has been done, and showing the relative location of each distinct lot to the work done, numbered to correspond with the number in the assessment, and showing the number of front feet assessed for such

work. A mistake in the name of the owner shall not invali- Street date the assessment.

improvement. Street as

SEC. 186. After making said assessment said commissioners shall cause notice thereof to be published for five days, and to sessment. be delivered to the owner of each lot assessed, which notice shall state the day and hour when the commissioners will at their office take final action upon said assessment. If any of said lots are unoccupied said notice shall be posted in a conspicuous place upon said lots.

SEC. 187. If the owner of any lot affected by said assess- Appeal. ment is dissatisfied with the action of the commissioners as to said assessment, he may appeal to the board of city trustees at its next regular meeting, or at any time within ten days after such final action, by filing with the secretary of the commissioners of public works a notice of such appeal, and thereupon the secretary shall, within two days after receiving such notice of said appeal, transmit said assessment and diagram, with said objections and notice of appeal, to the board of trustees, and said board shall, in not less than ten days from the receipt thereof, consider and determine the sufficiency of said objections. If it shall determine that said objections are well taken, it shall direct the commissioners of public works to modify or change said assessment in the particulars wherein it is erroneous, and thereupon the like proceedings shall be had in making the assessment as in the first instance.

If the board of city trustees shall determine that the objections to the assessment are not well taken, the clerk of said board shall certify such determination upon said assessment, and return said assessment so certified to the commissioners of public works, and thereupon said assessment shall become final and conclusive.

When said assessment shall have become final and conclusive, it, together with the diagram of the lots assessed, shall be recorded in the book of assessments, to be kept in the office of the commissioners of public works for that purpose, and the record thereof shall thereupon be signed by the president and secretary of said board, and thereafter the assessment shall be a lien upon the respective lots assessed until the same is canceled or discharged, as provided in this article, if not otherwise provided for in this charter.

assessed.

SEC. 188. The expense incurred for any work authorized by Expense, this article, except for such portion of any street as is required how by law to be kept in order or repair by any person, company, or corporation having railroad tracks thereon, shall be assessed upon the lots and land fronting thereon, except as herein otherwise specifically provided; each lot or portion of a lot being separately assessed in proportion to its frontage at a rate per front foot sufficient to cover the total expense of the work.

Street crossings.

SEC. 189. The expense of the work on all street crossings same. where the streets intersect each other shall be paid by the city out of the street fund.

Street improvement. Expense, how assessed.

Manner of assessment.

Delinquent assessments.

Other street work.

SEC. 190. The expense of all other work, not herein specifically provided for, shall be assessed according to such rules and regulations as the commissioners of public works may have prescribed prior to the recommendation of said work.

Manner of making assessments.

SEC. 191. In making an assessment the commissioners of public works shall act as a board, and assessment shall be authenticated by the signature of the majority of said commissioners as "commissioners of the board of public works," and every assessment so authenticated and recorded in the book of assessments shall be prima facie evidence of the correctness and regularity of all proceedings of said commissioners and of the board of trustees prior to the date of such record.

SEC. 192. Upon the recording of an assessment as aforesaid, the president and secretary of the commissioners of public works shall sign a warrant for its collection, and thereupon said assessment and diagram, with the warrant attached thereto, shall be delivered to the tax collector of said city for collection, who shall immediately give notice thereof by publication for ten days, except otherwise provided for in this charter. Said notice shall set forth in general terms the locality and character of the work or improvement for which the assessment was made, and shall notify all persons interested that a warrant for its collection has been given to said tax collector, and that unless payment is made within thirty days from the first publication of said notice the property so assessed will be sold to satisfy said assessment, if not otherwise provided for in this charter.

SEC. 193. When the assessment upon any of the lots delineated on said diagram shall be paid, the tax collector shall write the word "paid," together with the date of payment, opposite the number of said lot upon the assessment, and shall give to the person paying the same a receipt therefor, showing upon which lot said payment was made, and shall report the payment of said assessment to the secretary of the commissioners of public works. Upon presentation of said receipt to the secretary of the commissioners of public works he shall immediately enter upon the records of such assessment the fact and date of such payment.

SEC. 194. After the expiration of thirty days from the first publication of said notice by the tax collector, the assessment therein named shall be delinquent, and within twenty days. thereafter, having published a notice for ten days, he shall sell the land upon which said assessments are delinquent. He shall add to the amount of the assessment on each lot its portion of the cost of advertising said sale. After making such sale the tax collector shall return the assessment and warrant, with a report of his doings indorsed thereon, to the office of the commissioners of public works, and the secretary of said commissioners shall forthwith note in the record of said assess

ment.

ment, and opposite the number of each lot sold, the fact of pay- Street ment or of the sale of said lot by the tax collector, together improvewith the date and name of said purchaser. Said report of the tax collector shall be prima facie evidence of the correctness of all the proceedings taken by him in the matter of collecting said

assessments.

Sale of property for delinquent assessments.

Delin

quent

sale for.

SEC. 195. The general revenue law of the city, in force at the time of said sale, in reference to the manner of sale of prop- assesserty for delinquent taxes, the execution of certificates of sale ments, and deeds therefor, the force and effect of such certificates and deeds, and the provisions of said laws, in relation to the redemption from tax sales, except as herein otherwise provided, shall be applicable to the proceedings for the sale of land for delinquent assessments.

Payment of contractor.

Contractor

demand.

SEC. 196. When said sale is completed, the contractor shall present his demand for the work done under his contract, to to present the commissioners of public works, who shall act upon the same; if the said commissioners approve said demand, or any part thereof, the same must then be presented to the board of trustees, who shall pass on the same, and when audited by the auditor, shall be paid by the treasurer, out of the street fund; provided, that at any time before said sale, the commissioners of public works, under such regulations as they may establish, may allow partial payments to be made to the contractor, as the work progresses, not to exceed twenty-five per cent of the value of the work done by the contractor at the time.

Planking, paving, and macadamizing.

may rec

paving,etc.

SEC. 197. The commissioners of public works may at any Commistime, without application therefor, recommend to the board of sioners trustees to order the planking, paving, or macadamizing of the ommend portion of any street required by law to be planked, paved, or macadamized, by the person, company, or corporation having railroad tracks thereon. Upon such recommendation the board of trustees may, by ordinance, order such work to be done, and direct said commissioners to notify said person, company, or corporation of the fact of the passage of such ordinance. The secretary of the said commissioners shall thereupon forthwith, in writing, notify said person, company, or corporation of the passage of said ordinance; and if said person, company, or corporation shall not, within ten days after receiving said notice, commence in good faith to do said work, and prosecute the same diligently to completion, said commissioners of public works shall invite sealed proposals for doing said work in the manner provided in the article on powers and duties of the commissioners of public works, and all the provisions of said article in regard to such proposals, to the awarding of contracts, to the execution of contracts, and the doing of public work, shall apply to all similar proceed