New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-01
NO. Z
AN ACT -

10 provide IOC lupEONluS, p0SluSs repay
ing. grading or regarding streets, or pOr
lions thereof, within the limits Of the city
of New Orleans; to provide the mode Of
payment therefor, and to secure the same.
SECTION l. Be it enacted By the Senate
and House of Representatives OF the State
of Louisiana in General Assembly con-
yened, That whenever the owners of one
half of the real property fronting upon any
street, or streets, or portion thereof shall
petition the Council for improving, paving
or repaving, grading or regarding such
street or streets, Or portion thereof, setting
forth the character and quality of the i'm
provement, pavement or grading, setting
forth the terms upon which said improve
ments may be desired, whether for cash or
in installments secured by notes hereinafter
provided. said Council shall cause said Pc
tition to be published in the official journal
of the city once a week for four weeks; and
if, at the expiration Of said publication go
made of said petition, a majority of the
owners of the real property fronting on
said street or streets, or portion thereof.
shall not in writing, signed by said owners
address to the said Council their objections
to the same, said Council may in their
discretion, by resolution or otherwise, order
said improvement, paving or repaving.
grading or regarding, 80 petitioned for, to
be made after due ADJ Indication, according
to the law for such cases provided, and the
said improvements. paving or repaving,
follows: The whole cost Of said improve.
ment, paving, ETC., in front of the property
fronting on said street or streets, or portion
thereof, shall be borne by the owner or
owners Of said real property in equal pro-
portions, according to the runuing front foot
ON each side of the street or streets, or por-
ton thereof. The cost Of paving or repay
ing, grading or regarding of all intersec-
tlons of streets, shall be paid by the city.
Sec. 2 Be it further enacted, ETC., And
whenever said improvements, paving or re-
paving, grading or regarding, is made upon
q street or streets having q strip of land
or neutral ground running through the
middle, not private property, with 9 road
way upon both sides, two-thirds of said i'm
provements, paving or repaving, grading or
regarding, shall be borne equally by the
owners of real property fronting upon the
roadways, according to the running front
foot of property abutting upon either
of said roadways, and one-third of
said cost shall be paid by the
city of New Orleans; provided, that
the Council shall have power and author.
ity, whenever it may be deemed for the
public interest, to cause said improvements
or paving, repaving, grading or regarding
of any streets or portions thereof, to be
construction or repair OF the same, by
two.thirds vote of the members of said
Council. Whenever the Council shall deem
it necessary to take such action, notice of
such intention shall be published in the Of
fetal journal of the city once week dur
ing four weeks, and all such improvements,
paving or repaving grading or regarding:
ordered or done by the Council, under the
discretion and authority Of this provision,
L. L. 20 he Av-
prescribed for improvements or repairs to
be made in compliance with the petition of
property owners, and payments therefor
shall be assessed and collected in like mau-
ner, and the same penalties, liens and prlvi-
leges shall pertain and be enforced as If
the work were done upon the petition Of the
property holders; provided, further, that
whenever said improvements. made upon
petition of property owners fronting the
river, said Improvements shall be borne
equally between the owners of property
and the city of New Orleans; it being well
understood that this will apply only to such
streets as line or run adjacent to the public
landings or levees.
SEC. 3. Be it further enacted, etc., That
all payments shall be made upon the GER
titicate of the Administrator of Improve
ments and City Surveyor, and which said
certificate shall be p,ima tacie proof OF
compliance with the contract, and due per.
Torrance of its obligations, and which said
contract, when duly passed before a notary,
and signed by the Mayor, shall be prima
facie proof Of due observance Of ell the an
tecedent forms and requirements of law;
provided further, that the cost of said i'm
provement. paving or repsving, grading or
regarding, due as aforesaid by the owner or
owners of the abutting real property, shall
be and is hereby constituted real charge
in and upon said real property. to whom
soever said property may be transferred or
conveyed, and the same shall be deemed,
considered and treated as pledged for the
payment of said cost; and the owner
or owners Of said property at the
time of the completion of the
contract for said Improvements, etc., and
his or their transferee or transferees.
vendee or vendees, shall also be personally
bound for said cost; provided further. that
said cost Of said improvement, etc., shall
constitute . lion or privilege upon said
sbutting property till paid, and that it shall
be suficient to record tho certificate Of -.
sessment or performance Of tho City Sur