Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-12-09

ces by the parties making the same, which
shall be duly recorded on the books of the
corporation, and in the registers Office
for Shelby county.
Sec. As. The General Council shall nave
power, by ordinance, to compel the own
ers of property upon any street, alley,
lane or avenue, within the city, TO grade
and pave the sidewalkst the whole extent of
his or her lot fronting on said street, lane,
alley or avenue, whenever they NAV deem
it expedient or necessary for The comfort
and convenience of the inhabitants OF the
city; TO be done according to the grade
furnished by the engineer. But it shall
not be Lawful for the General Council to
grade, pave, macadamize, water, or light
any street, lane, alley or avenue within
the city not established and opened ac-
cording TO law and ordinance. And when
any person shall nave so graded, paved
and repaired any sidewalk, according to
the grade furnished by the city engineer,
and the grade shall afterwards be altered
or changed by the act of the city authori-
ties, the same shall be repaired, paved and
graded by the city at its own expense.
Sec. 49. The General Council are hereby
authorized and empowered to provide, by
ordinance, for the grading and paving of
all the streets, lanes, alleys and venue
in the city, by the respective owners Of
real estate fronting thereon, and to enforce
obedience TO said ordinance by such ines
M f~orfeitures as they may provide, TO be
assessed and collected as other fines and
forfeitures; provided. however, that when
said real estate is owned by non-residents
OF the city, or by minors, said hne and
forfeitures shall and may be collected by
motion entered in the common law our
of the city, twenty days before the meet,
ing thereof, against said non-residents,
minors, or guardians, upon which judg-
ment NAV be rendere at the first term,
/ which HHnsNprnanf NwhlVn . rnrn 10 NO rzn
al property out Of which it may be salts
fed, snail operate as "a lien upon said real
estate ordered to be paved, until the same
is satisfied. And mould the owner or
owners OF any lot or lots front
ing upon or adjoining such street,
lane, alley or avenue fail to
comply with any ordinance requir-
ing him or them TO repair, grade and pave
the same within such time Us may be pre-
scTibed by said ordinance. The General
Council may contract with some suitable
person or persons for repairing, paving
and grading the same, and pay therefor,
and whenever the sidewalksOr any street,
lane, alley or avenue shall be repaired,
paved or graded, and paid Tor by the city,
the payment nus made shall remain a
lien on the property forone year after the
payment is made by the city; which lien
Inay DO enforced by suit before any court
having jurisdiction OF the cause. Provld-
ed that this section shall not be so con-
strued as to require owners of real estate
fronting on streets, lanes, alleys or v g
nues, which have never had an establish
ed grade, to grade them until the city has
established a grade and graded the streets
upon that grade first established, at his
own expense.
Sec. 30. The General Council shall have
power to require that the cost Of grading,
paving and repairing sidewalks, curbing
and g1nErarG along side fnflnHed and at
paving the entire c~arriage-way, cutters in
Guided, Of any street, or any portion OF
any street or alley, shall be borne by the
owners OF the adjoining property, and III
such manner anu with such material as
the General Council may determine, and
whenever the General Council may deem
it necessary they shall cause such grading
and paving to be lone III such manner as
they may prescribe by ordinance, and the
COSTS OF such grading, paving and repair
ing shall be bOrue by the owners oil the
adjoining property, and shall be appor-
toned and charged on the abutting lots in
proportion to their respective parts, and
SHAH be paid by the owners OF such lots
respectively, and all such work shall be
done under the control Of the City En-
gineer, by direction of the General u
ell, and shall he let out by the said Oun
ell TO the lowest and best responsible bid
der, under such guard restrictions and
regulations AS they may prescribe by or
dinaEce. So sOOIs as any contract for
grading, paving or repairing any street or
alley, or portion thereof, shall have been
made, the General Council shall proceed
and levy ard assess upon such lot border
ing OF abutting the said street or alley
proposed 10 be improved, such a proper
Jionable sum as shall make up the entire
cost and expenses of said improvement
opposite the same to the center of the
.r-a,w I'D -L-N = 81 HHaH en.a ~-sH in vrhT.L
the same shall be paid, the number of in
stallments and The amount to be paid at
each OF such ln2t4llments, and thereupon
the City Engineer shall make out andde-
liver to the City Attorney, Tor collection,
the accounts for such proportion, costs OF
tho improvements, and the owners ofIhe
lots charged Herewith shall be bound to
pay said costs like liabilities contracted
by themselves, and may be sued therefor
either by the city or by the contractor
performing the work in his name,
but the lots shall also be held tor the re-
spectiye appoTtioned share of such costs
until the same, with interest aad COSTS Of
collection, be fully paid oil and q special
lien on said lots is hereby given for such
apportiened charge M costs. Provided,
however, that on all streets where street
railrnads are operated the said railroad
company may be required, in the uiscre-
tiCu of ths General Council. 10 grade aud
pave, az required by OrdInanQe, So much
OF said street as is between the rails and
two feet outside thereof, and on failure or
refusal 10 do said work IN the time
and mode required by ordinance, the City
Engineer shall proceed TO have the same
done, and the costs thereof shall be col
lected as provided in the case Of private
individuals, and shall be a lien on the
property of said railroad.
Sec, 81. The General Council shall have
power 10 lay and collect taxes Tor thepur-
pose ofdefraying the expenses necessarily
incurred in administering the affairs Of
( the city, bat the taE impGzea for that pQr-
pose shall never exceed one per centum
on every one hundred dollars worth OF
property within the city limits liable to
taxation and valued at cash prices,
Sec. 81. The General Council snaii have
power, in addition, to lay and collect d
special tax for the sole and special pur-
pose Of paying the interest, as the same
may become due, 0a the bonds issued or
to be issund by the city. The said tax
shall not be greater than NAY be necessa-
n for the purpose. A separate account
! thereof snail De kept, and tho money re-
ceiyed under 1t shall not be applied TO any
other purpose whatever.
Sec, 80, The General Council shall have
power by ordinance Go provide during the
last half Ofthe corporate year that assess
1870 - EANE~AH1 $500 ~ 1-N~Nf 49,
shall nave power by ordinance TO provide
and make all such taxes due from the first
day of the corporate year for which they
were assessed. Assessments shall be
made for the forty-third corporate years as
soon after the organlgation of the General
Council as practicable.
Sec. 81. The General Council shall have
power to lay and collect such poll tax as
they may deem reasonable upon all the
inhabitants OF the city liable 10 pay poll
tax to the State.
Sec. 50. All buildings and grounds own
ed by the city of Memphis, and used ex-
clusiyely for public purposes, such as for
fire companies and fire engines, 0ity water
works, markets and markethOuses, and
their grounds, and such parts of the Navy
Yard as are not leased TO given parties,
are hereby declared free and 6xemp from
both State and county tax so long as own
ed by the city, and so used for public pur-
poses,
Sec. So. All taxes assessed upon real es-
tate within the city shall he a lien upon
such real estate superior Il allOther claims
whatever from the time they are assessed.
Sec. 81. From and after the passage of
this act, whenever taxes upon any real
estate shall be due and payable to the city
Of Memphis, and the delinquent tax
payer shall have personal property suiH-
cient to pay said tax, the Tax Collector
snail, al the emu OF the NScal year, report.
the name of the delinquent to the Recor-
der of said city, and obtain from him a
distress warrant directing said Collector
10 distrain and seize a suficiency of the
goods and chattels of said delinquent to
satisfy said demand, and to sell the same,
after thirty days notice; and if said de-
linquent Taxpayer shall have no personal
property, or not enough 10 pay said tax,
costs and charges, then and ia that case
the City Tax Collector shall report the lot
or lands upon which said tax is due, to-
gether with the name of the owner, or
the person to whom Said lot is listed,
amount of the tax, costs and charges, the
corporate year for which DUE, and the
nnmhar or descrinfinn of said Int or !.