The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-03-04
TaE PAVING BEL
which VIII Ne Presented 70 the LegISla-
tuF0 For Its Action.

Be i enacted BY The Legislature Of Vet PT-
giniG: .r.
First-WheneveF the owners Of three.
fourths Of the lots or ground fronting or
sbutting upon the sides OF any street or
alley in said city between any two Croas
streets, shall by petition in writing ask the
Council OF the city Of Wheeling to have
the street or alley paved or macadamized
and sewer constructed in such street or
alley from one Of such cross streets TO the
other, or 10 have such paving or maCadam-
izing done without the construction Of q
sewer, or such sewer constructed without
such paving or matchmaking, the Council
shall proceed 10 consider the petition, and
may grant the prayer or request OF the
petitioners, or refuse the same II In the
opinion Of the Council the work asked for
should not be done. 1.-THE petition Is ap'
proved and the request thereof granted,
the Council shall csuse the City Clerk 10
advertise for bids for the performance Of
the work, and shall award the contract
thereof 10 the lowest bider deemed by
them responsible. Before proceeding
with the work the successful bidder shall
enter into written contract with the city
with stipulations and agreements therein
approved by the Council, and shall give
bond payable TO the city III penalty sat.
isiaCtory to the Council and conditioned
for the faithful performance and tulhll'
ment by such bidder OF his contract,
Second-As soon "a the work 90 order
ed Ia completed the Joint Standing Com.
miltee on Streets, Alleys and Grades Of
said Council, "a quorum or more thereof
may do any act that the committee could
do hereunder), or such other persons, not
exceeding three, as the Council In any
case shall appoint for the purpose, shall
proceed without delay to examine the To-
caIity when the work has been perform.
ed, as well as such lots, parts oil lots, and
tracks or parcels OF lands In said city as
have been speCially.beneatcd thereby and
to determine as near Rs practicable how
much each lot, part Of lot, tract or parcel
OF land Aforesaid has been specially bene'
ated by the work DONE and to assess the
amount Of such special benefit to each lot
part OF lot, tract or parcel oil land. the TO-
tai amount Of snCh special benefits, how
ever, not TO exceed the, total cost Of such
work, II the amount Of such special BEN
e6ts shall be less than the cost Of such
work, they shall report that fact to the
City Council, and such deficiency shall be
paid out OF funds collected under the au'
thoriLy oil chapter twenty.one OF the Acts
oil the Legislature Of West Virginia oil
1870, or out Of other funds raised by taxa.
ton Of real and personal property In said
city. ~ ~
Third-said committee, or other per
sons appointed by the Council aiore'
said, shall report 10 the Council q
schedule OF the real estate In
their judgement specially benefited
by such work In which shall appear the
owners names, as far as known 10 them,
a description Of the real estate benefited,
sufficiently accurate for Identification, the
valuation thereof and the amount assessed
as special benefits, which schedule shall
be filed In the office Of the City Clerk 90
soon aB completed. Said clerk Rhall pre-.
sent such schedule to the Council at its
next meeting after the same isso fled and
the Council may increase or diminish the
amount assessed for benefits upon any or
all OF such real estate and correct the said
schedule In any respect II may deem II
erroneous Whenever the Council shall
have approved said schedule, or amended
and approved same as amended, It's deeis.
ion shall be final, and the Clerk OF the
City shall deliver to the Collector OF said
city q copy OF such schedule as approved
by the Council certified by him 10 be cor.
rect, and shall charge said collector upon
the books OF the city with the gross
amount OF such benefits as shown by said
schedule as approved.
Fourth-There shall be q lien upon the
real estate assessed for benefits under this
act, from the date Of making by the city OF
the contract for the work, for the amount
Of such assessment thereon and any inter.
est that may accrue thereon, and II the
owner OF any oil the real estate 60 aHgessed
shall fall or neglect TO pay to said collector
the amount OF the assessment upon his
property withln-----aiter the said seized.
tlle has been placed Ia said collectors
hands for collections, bis assessment shall
bear interest from the time such schedule
was placed In said COLLECTORS hands at the
rate Of ten per Centum per annum, and
such collector shall have the same power
and authority 10 collect such amounts 80
assessed for special benefits as the Sherils
In this State now bsye by law for the col.
lection OF State and County taxes. The
city may enforce the said lien, however,
II II so desires, by Bnit In equity In It's
name In any Court OF record In Ohio
comfy and in such suit the land inoum.
bered by such lien may be sold and the
lien and costs satisfied out oil the proceeds
OF sale.
Fitth-lf the owner Of any real estate 80
assessed for special benefits shall, on or
before the date the schedule aforesaid is
approved by the Council make q written
application to the Council 10 be allowed
to pay bis assessment by installments and
to have time for the payment thereof be.
You'd the time that the Gollnctor would al.
low him, the Council may in Its discretion
grant such applicant bis request provided |
the payment otsuCh assessment and inter. |
est thereon at the rate aforesaid ia
amply and fully secured 10 the city by |
such applicant In manner satisfactory TO |
the council, and such applicants assess.
ment shall not be collected by the collec.
tor, II bis application Is granted and his |
30 secured.
Sixth--It shall be the duty OF the Coun.
oil, whenever any street or alley shall be |
paved or tnaCadamized, or any sewer con.
structed under the provisions oil this act,
10 pave or nacadamize all Intersections oil
The streets and alleys 80 paved or tnacada.
mixed with cross streets and alleys; and
10 construct sewers through such ititersec.
lions where q sewer has been constructed
hereunder.
ssventh.-Nothing herein shall be con.
ltrued as depfiving the said city council
d the right TO cause any Of the streets OF
Alleys Of the city To be paved or tnacada.
mixed or sewers constructed therein,
'ither with OF without petition therefor,
md 70 pay Tor same out Of the funds oil
aid city, the same as though this act had
lever passed..
Eighth.-All acts and parts Of aols In 30
Ar AZ they are In conflict with this Adj afa