Evansville daily journal., 1865-12-30
ORDINANCE.


In relation to side-w Improvements and re-
pal 9, and providing for the assessment and
collection of the cost and expenses of such i'm
| provements aud repairs, and for the gale and
conveyance of real estate charged with any por-
tion of such cost and expenses. Passed Dscem-
! Der 23d, 1865.
SECTION Be IL ordained By the Common CoslHci.
of The city Of Evansville, That all sidewalks with
in the ciry saan be divided into two elesses, one
1 of which shat be designated class Ee. and
the other as class No. e.
| kEc. 2. All sidewalks of class Ne. shall be
constructed of good hard well burned bricks, laid
! in bed of good sand not less than three inches
In depth, and covered with sufficient quantity of
good saI to fill all the spaces between the bricks
The eurbing shall be of either stone or plank as
| the council may in the order requiring the i'm
proYemsnt to be made direct. If the curbing be
Of stone it shall be not less than six inches thick
by al least eighteen inches deep, with base equal
to threefourths Of the top, dressed square to ths
depth Of at least six inches each end, hrnIy
| set closely adjoining each other, with even sur
face at the top, and dressed four inches from the
\ top on the side next 20 the gutter, and three
inches from the top on the side next to the pave
ment, and no stone to be less than three feet in
length. II ths curbing be Of plank It shall be Of
good sound white oak, not less than two anc 3
haf inches thick, nor less han twelve inces wide,
and shall be W II secured to good sound white oak
posts, not less than four inches square, we'll se-
| cured in the ground to the depth of at least two
feet, and not more than six feet apart. Ths width
Of all sidewalks of class No. shall be follows,
/ to wit: { n Main and Water streets, twelve feet
| on Fulton avenue and Franklin street. fifteen
feet; on all other sfreets which eighty feet
wide, the width Of such sidewalks shall be twelve
/ feet, and On all other streets ten feet, except
/ streets less than sixty feet in width, in VIII ch
caseI the sidewalks shall be eight feet wide.
SEC. 2. All sidewalks of class No. 9 shall be
constructed Of good souni two inch oak, pine, pop
lar or hsmlock plank, square-edged, laid down p
on and safely secured to good sound oak crvss
ties not leBs than four by four inches ia thickness
and not more than fou1 feet apart The portion
of each street set apart for sidewalk purposes
shRu be the same in width as prescribed in TIE |
z :. nj VIII Al 0f
class No. 10 directed to be made the space plank
ed shall be atleast four let in width, and shall
be placed in or tear the middle Of the space set !
a. art for side.w slk purposes.
SIC f. Whenever the common council shall |
direct the side walk in front Of, OF adjoining any
lot or part Of lot, other piece OF ground TO be
graded aud paved, or Whensvsr the owner or own
ers Of such premises shall sign ny to the mayor /
or city surveyor wish to grade and pave the |
sidewalk in front thereof, il shall bs the duty Of
'the city surveyor and mayor to fix the proper 1
grade for such sidewalk or sidewalks, and all /
side walks shall be according to the grade tn s /
furnished.
SEC. Whenever the common council shall in
pursuance of Tho chartr of she city, order
require any sidewalk to be made or repaired, an
order shall be passed, directing and requirinz I
such side walk to be made or repair d, and if the
order require new sidewalk to be made, said
order shall state whether such side.wllk shall be
of class MOL or class No. 2. Said order may in
ciude any number ofl Is or parts Of ts or other
pieces or parcels Of ground on the same street, or
each order may, in the discretion of the council |
only tneluds q single parcel OF ground and the
order shall desgnaxe the parcel or parcels Of
ground in front ofor adjoining to which such i'm
provement or repairs are to be made, either By
the number Of ths lot or block, or by specifying
certain poin's on the street which such side
walk or sidewalks may be situated.
eco. g. 1t shall be the cuty of the clerk soon
as practicable after the passage st such order, to
Cause notice thereof to he published in some
newspaper printed and published in the city, and
at any time within th rty days from the publica-
on Of such notice, the owner clsimant Of any
lot or parcel Of ground embraced thers IN, may
la fhaf 1
msds by such or er, in front of or iling the
premises of such owner clAina, { but such
improvement or repairs shall be made In strict
conformity with the requirements Of this crdi-
nance, and to the requirements Of such order, aud
igthus mads within the thirty days Aforesaid, no
faI ther action Of the council the premises of
such owner or claimant, shall be based upon tucn |.
order. Provided hot0sger, That If su h owner or
claimant shall have within said thirty days made
q bona fde commencement 10 do the work required,
and sha be diligently prosecuting the same, the
council may in iss discretion grant to such owner
claimant further time for the completion there
of but II such owner or claimant shall not with
in said thirty days have commenced to do the work
required By such order, IL shall be unlawfal for !
him to do said work or cause it to be done, or in
any manner to interfere with the person or
persons who mfy be emploj ed by the city to do
the same Anc, Prorided, further. that il any
such owner or claimant shall construct cause
70 be ocnttructed any sidewalk, make any
repairs thereon in pursuance TO any such order,
either before or after the expiration of she said
thirty days, and such Improvements or repairs
ofsueh order and the provisions Of this 0Tdirance
It shall be the duty Of the person or persons who
proSemeut or repairs to remove such sidewalk
and construct sidewalk instead thereof in strict
aocordance with su7a order aud the provisions Of
this ordinance.
SEC. T. II any owner or owners, or c'almant or
e'At@ants Of any lot or lots, or other parcel or
par els Of real tate included embraced in such
order shall nos make the improvement repairs
aforesaid, then the common councI shall cause
such Improvement or repairs to be made under the
direction o. sae mayor and city surveyor zithfn
six months FROM and after ths axpiratson of m.
thirty days Aforesaid; aud soon a. practicable /
aftsF tine completion Of said work, the mayor |
shall make to the council report In writing, ap.
portioning the entire cost and expenses Of max /
ing said improvement or repairs, among all the |
lots ces OF real estate ehargsable Herewith,
equally, per frent foot, setting forth the whole /
length Of side walk made repaired by the city /
under said order, the aggregate amount Of the |
actual cost tcsreOf, AID tBe cost rer front foot,
and the amount charg able to each separate lot /
or parcel Of real estate, with the name Of the
er or claimant Of each such lot parcel, where /
the name Of such owner claimant is known, and |
II the name Of such owner claimant Is
Rpown to the mayor the fact shall be stated in /
said report, and said report shall also contain
description OF each separate lot or parcel OF real
estate charged with any portion Of said costs and
expenses OF mskiug said improvement or repairs. /
sIo- 8. The said report or apportionment after /
being submitted to and arp owed by the common /
council, shall be recorded By the clerk in the min
ute book Of the common council, and the couseil /
shall thereupon pass order, assessing and /
chArgirg against each lot or pfcs of real esta e,
the SRA 9 or proportion Of the cost al expenses
Of making such Improvement repairs with 1
which such lot or parcel Of real estate is charge
able under th0 provisions Of this ordinance.
SEC g. If any owser or claimant Of any lot or |
other parcel OF real estate shall not within thirty
days from and after ths making of the assessment |
contemplated by the last preceding section, pay I
the amount which msy hare been assessed against
the lot lots, parcel parcels of real estate
owned or claimed by him, it shall be the duty Of
the mayor to Issue preeep against such lot or
parcel OF real estate 10 the collector OF the city
which precept shall be signed By the mayor. at
tested by the clerk aud sealed with the rporate |
seal OF tbs city; and after stating the fact that /
said assessment was made, and the amount thereof |
and referring to the record thereof and setting |
forth descr pticn of the lot or other parcel OF |
real estate so assessed, and the nare Of the
or claimant thereof, III such nam beknown,) shall
command said lector TO sell and convey this let |
or parcel Of real estate therein described OF so
much thereof may be necessary for the payment
of the amou 4 essed and charged againat the
same and said prscept shall be returnable within
forty days from the date thereof and the collector
shall in his return stats his proceeding under the
| each lot other parcel Of real es ate, except
/ where there is more than one lot or other parcel
of real estate assessed to the owner or claim
ant and then al the lots parcels assessed to the
same owner or cainant shall be included In one
prscept.
| SEC 10. The premises mentioned In said pre-
cept shall be adveri ised in the same manner, and
4 for the same time and said premises or so much
thereof as may be necessary, shall be sold IN the
same manner prescribed by the eighth section OF
an ordinance passed June 81, 1853, aBd entitled
can ordinance in relation to improvements and
repairs on the streets and alleys Of the city, and
providing for the assessment and collection OF the
cost and expenses of such Improvements and re-
pairs, and for the sale and conveyance oil real
estate charged with amy portion Of said cost ana
expenses; - a. the collector shall in relation 10
such sale, do all the acts, and peTfo m all the 'lu-
ties mentioned or described in the ninth section
of the same Ordnance, snd the owner or claimant
of any lot or parcel Of rsal estate which may De
sold under this ordinance, may redeem such prem
i5es on the same terms, in the same WsyJ ana
within the same time prescribed By the tentn seq
tion OF said ordinance Of June Sd 1893. Inc
treasurer shall, after pration OF one year from
the day on which any lot or psrcel Of real estate
! shall have en- sold under this ordinance (f II
shall not have been redeemed upon the delivery
| to him Of the certificate of purehsses make, exc
cute, acknowledge and deliver to the holder OF
such certih ate of purchase, deed for the prcml
| described in ouch certificate, which deed shall
have the same force aud effect and be conclusive
evidence Of the same facts IL the same had been
made under the eleventh sec ion Of said ordinance
of June Sd, 1853, and said deed shan not he an
nuled or held invalid in any court, except upon
proof Of one of the three facts required to
be proved to annull or iRvalidate deed made un-
der the said eleventh section of said ordinance;
and IL 1t is hereby declared that all the provisions
of the said eighth, ninth, tsuth and eleventh sec
tions Of said ordinance of June 81, 1889, shall be
as applicable to proceedings under this ordinance,
If the same were re-snacted as q part OF this
ordinance
SIC. H.. WheseFer precept is issued under
this ordinances, under the said ordnance of
June Sd 1859 the clerk shall charge the collector
with the amount such precept, and the collector
L shall whenever he makes any collections any
such procept, pay tbs same to the treasurer
and take his rscsipt, and file it with the clerk,