Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1877-07-06
SIDEWALKS.

SECTION i. All sidewalks in the city of fank-
ton shall be 50 constructed or repaired as TO cor
respond with the established grade OF the street
along which the same is built, and shall, be oil
the width, kind and dia lance from the curb line,
specified in the resolution of the mayor and city
council directing the construction or repair oil
such sidewalks.
All sidewalks along any one block and front
ing on the same street shall be OF Uniform width
and the outer edge OF all sidewalks shall be al
an uniform distance from the line of the lots on
the same streets, and in all instances
shall be so constructed and repaired as that me
outeI edge thereof on Ia same street shall be at
least - feet from the curb line along such
street,
Sec. .. Sidewalks shall be constructed or re
paired with wood, brick or stone, or such other
durable material as the mayor and city council
may direct in their resolution declaring the same
necessary. If paved with brick the same must
be good and substantial hard brick: If with
stone, the same TO be not less than two inches
thick and dressed square with level surface, and
such brick or stone shall he laid on a bed of sand
at least four inches thick. All W shall
slope from the line of the lots towards the street
at the rate of one-third OF an inch TO the foot.
Sec. ). The curling of sidewalks built or re
paired OF brick or stone shall be either of stone
or good durable wood four inches in thickness
and ten inches deep, and the top of such curblng
shall be on a level with the outer edge OF the SIDE
walk; the elevation of which shall be such that
a straight line drawn direct across the street
from the outer edge of each sidewalk shall at the
center OF the street be six inches above the
grade of the street at that point,
Sec. 4. Wooden deWalks snail IN all cases
be constructed of planks two inches in thickness
laid crosswise and spiked to and supported by
timbers at least two inches in thickness and four
inches deep, placed not more than two feet apart.
If the sidewalk or curbing contiguous to any lot,
piece or parcel OF land shall be such as is re
quired by this ordinance, the same shall be &C
cepted by the city engineer as a compliance here
with,
Every owner of any lot, or piece or parcel of
land. shall have opportunity afforded Elm or
them to construct or repair any sidewalk or
curbing IN front of such lot, piece or parcel OF
land 1T his own expenses; and every person VINO
shall SO construct or shall keep in good repair
any such sidewalk or curbing shall not be sub
iect TO any special assessment or tax on such lot,
lots or pieces of ground for the purpose of making
any improvement in any sidewalk III front OF any
other lot, piece or parcel of land In the clty.
Sec. 8. Whenever the mayor and city council
shall deem it necessary that a sidewalk or curb
ing should be constructed or repaired In 'front.' oil
any lot, piece or parcel OF land, in this city, they
shall SO declare by resolution that such work or
Improvement necessary to be done, aDd such
resolution shall be published for four consecu-
tive weeks in the official newspaper of the city.
and if a majority of the resident owners OF the
property liable to taxation therefor, shall not
within twenty days thereafter file with the city
clerk of said city, their protest against such
Improvement, then The mayor and city council
shall have power to cause such improvement to
be made and contract therefor and to levy and
collect taxes TO pay the same as IN the charter OF
said city provided.
Sec. 6, Every owner OF any lot, piece or par
Gel of land fronting on any street on which side
Walks or CurDl1g are ordered TO pc DuliI or re-
paired shall have thirty days from date of the
last publication of the publication of the resolu-
ton, as provided for in section %, of the charter
of the city OF YanktOn and in section 5, OF this
ordinance within which 10 construct or repair
amy sidewalk or curbing so ordered in front OF
his own lot, pieces or parcel of land ut his own
expense in accordance with the resolution OF the
mayor and city council, and any such owner or
person who shall comply with such resolutions,
plans and specifications as aforesaid, shall not
be subject to any special tax for the purpose of
| paving Tor The construction or repair OF any suCU
sidewalks;
P2o0ided, h0weg6r, That before the owner
of such lot, pieces or parcel Of land, shall be
exempt from the payment OF sach special tax;
such improvement shall be carefully Inspected
by the city engineer and found to be properly
done, accepted by him and his acceptance re,
ported 10 the city council aud confirmed by said
council.
Sec. Z. If any sidewalk or curbmg shalt have
been constructed or repaired in front OF any lot,
piece or parcel of land on any street III said city
on which iauy sidewalk or curblng shall have
been ordered to be constructed or repaired before
the last day OF the publication OF the resolution
ordering the same TO be constructed or repaired
made under the I'D section of the charter OF
said city OF Yankton and this ordinance, the
same shall be inspected by the city engineer,
and If found to be properly done and ii accepted
by him, ana his acceptance reported TO the city
council and confirmed by said council, the saio
sidewalks so constructed or repaired, shall be
and remain in lieu of the sidewalk or curbing OF
repairs ordered by said resolutions.
Sec. s. When the mayor or city council shall
deem IL necessary TO construct or repair any
sidewalk or curbing in said city, and shall have
passed a resolution declaring such work or i'm
proyement necessary to be done according t.
section 90, OF the charter of said city, and the
same shall have been published as in said sec
ton % provided, the city engineer shall immed i
ately prepare a plan and specifications OF sait
Improvement sufficient to enable them to BIZ
made in accordance with said resolutions ant
submit the same to the mayor and city council
and when approved by the mayor and city ooun
Gil the same shall be kept at the city clerk
u Office OOeD to the Inspection OF any ana AL phl
ties Interested.
Sec. 8 In ease the owner of any lot, piece o
parcel of real estate shall not have complied wit
any resolution directing any sidewalks or curl
ing TO be constructed or repaired along the iron
OF said lot, piece or parcel of real estate as in thi
ordinance provided, on or before the 30daSs irol
the last day of publication OF such resolution II
provided in said section % Of the charter OF sal
city of Yankton, the street commissioner sha
cause q notice to be published in the official p
per of said city for notices. than two weeks SUI
ceeding, at least once each week, for sealed pr
posals TO be made 10 the mayor and city counc
for the doing such work, and making such ir
provements ordered Ii in such resolutions and sue
proposals shall be considered by the mayor al
city council, and a contract awarded to the lo'
est bidder, who shall give q bond to the city
Yankton, with sufficient surety or ~sureties to
approved by the mayor of said city, and the ma
OF and city council shall have a right to reje
any or all bids. Said contract to be upon cont
ton, and it shall be q part thereof. unless otht
wise provided by resolution, that the contract
shall be paid out of, and MS rapidly az the tax
OF moneys are collected or received from the p
ties entitled 10 pay the same, except where a
lots, pieces or parcels of land are sold TO pay t
taxes levied thereon, to pay the aforesaid /
provemeuts, and said contractor shall purcha
any such lot, piece or parcel of land Npon l
sale OF such lots, pieces or parcels of land to p
said tax, then in that case the purchase price
= amount so bid and agreed to be paid at such s.
shall be applied towards the payment of the CT
ES tract price under said contract: Pr0JiQed, III
eger. That the mayor and city council may c.
tract to and pay for any such improvement at q
time and In any manner after first having pas.
a resolution TO that effect.
q Sec. 10, A t any time after the expiration Of
~ thirty days after the day of the last publicat
of the resolution directing any improvement
be done as provided in section5, of the ordinar
the mayor and city council shall levy a spec
tax on all the lots and lands Astounding or at
ting on such improvements. said tax to be lev
IN proportion to the feet front SO Astounding
abutting on SAID Improvement, and said ma
and city council shall cause said tx to be coll
ed as other special taxes are collected.
Sec. II. when the mayor and city council
said city shall pass any resolution directing
improvement to be made in accordance with
ordinance. the owner of any lot, piece or pa
of land in front of which said improvement is /
made shall not make or Cause to be made,
improvement, after the ex EXPIRATION of the tim,
lowed in this ordinance for owners to make
improvements to be made along any lot, piec
L purcell of land owned by them, without the
- sent of the mayor and city council of said cit