The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1889-03-14
A STREET IMPROVEMENT LAW.
The Powers Vested in Councils, Boards of Trus-
tees and Public Works and Affairs.

A bill introduced by Senator Barrett ear
ly in the session went through during the
last days of the Legislature, and is now
law relating to the improvement of streets
and alleys in cities and in incorporated
towns It's provisions of especial impor-
lance to this city are in substance as fol-
lows: Section /. Two-thirds of the owners
of the whole line of lots OF parts of lots
measuring only the front line of such lots
as belong to such pc rsons resident in the
city or town where the property lies can
petition Common Council or board of trus-
tees to have sidewalks or the whole width
of the street graded or paved, or for light
ing such street or constructing sewers.
When this is done, the council of a city or
the board of trustees, of an incorpora ted
town may have the work done by q
contract given to the best bidder.
Council or the trustees can. also
compel the owner of a lot or part of lot
to keep the sidewalks in repair in front of
his property. If the owner be a non-resi-
dent, or cannot be found, the Council or the
trustees may cause such repairs to be made
at the cost and expense of the owner or
owners. The Common Council or board of
trustees are invested with full powers to
pass bylaws and ordinances providing
how and in what manner the repairs or i'm
prOvements shall be made, and In what
manner the same shall be assessed and col
lected from such owner or owners, and the
manner in which the lien of the city or in
corpOrated town for the expenses incurred
by her may be enforced against the lot or
lots of such owner or owners, and the city
in any court to foreclose such lien as a
mortgage is fOreclOsed. In cities and towns
of less than 10000 inhabitants, council or
the. trustees can cause plank or gravel
walks to be laid. The written consent of
the Auditor and Treasurer of the State is
necessary to commit the State TO any liabll-
ity of Improvement along property owned
by the State.
Section q The purpose of making any of
the named must be bst e1
resolution, and notice of the passage of
such resolution must be given for ten days
through newspaper publication. Said no.
tices must state time and place where own
ers of property can enter their objections
to the proposed improvements.
Sections 8, 4. 5, O and relate to the man.
ner of receiving bids, making estimates
and to other preliminary detail. All this
must be reported to Council of city or
when the report is filed two weeks notice
must be given by newspaper publication of
the time and place for hearing the
report. Any person feeling aggrieved by
the report may have a hearing thereon.
necessary assessments which are to be
placed upon the tax duplicate and charged
against the several lots or parcels of
grounds along which the Improvement is
to be made. This assessment is to be
charged as follows: Ten per cent. for each
successive year for ten years; and there
shall also be added to the several amounts
so assessed and placed on the duplicate, in
terest at 6 per cent. per annum, payable
semi-annually, which shall be calculated
no TO ia
the several amounts fall due; and the
first 10 per cent. shall be due and pay
able when the first tax falls .due and is
payable after such assessment is made. 1t
shall be cOllectible In tho same way that
taxes are collected, or in such manner as
the Council or board of trustees by ordi-
nance shall prescribe; and the. law govern
ing the collection of taxes shall, so far as
the same is applicable. regulate and govern
the collection of such assessment, and such
assessment and the proceeds arising there
from shall constitute a special fund for the
payment of the costs of such street, alley
and sewer Improvement and the bonds and
certificates hereinafter mentioned, and for
no other purpose. Any taxpayer may pay
the whole or any part of any such assess
ment before the bonds or certificates here
after mentioned are issued, in which event
the interest on such assessment, or part
of such assessment, shall be collected only
to the date of such payment. Any person
feeling aggrieved by such assessment made
by such Common Council or board of trus-
tees may appeal from such assessment to
the Circuit or Superior Court of the county
within. ten days thereafter by filing an un
dertaking with the clerk of such city or
town, with sureuies to be approved by him,
conditioned that he will duly prosecute
such appeal and pay all costs that may be
adjudged against him. The clerk shall
thereupon promptly, and within five days
thereafter. file duly certified transcript of
the proceedings and papers connected with
such matter in the court to which the same
is appealed, and such appeal shall stand for
trial in ten days after such transcript is
filed, and shall be promptly tried by the
Judge of such court, and his decisian shall
be final and conclusive. Unless the party
appealing shall reduce the amount of his
assessment upon such trial at least 10 per
centum he shall pay all costs.
Section 8 provides for the issuance of
bonds for improvements, payable in equal
installments from the special fund created
by the assessment, the bonds bearing per
cent. interest. In regard to this city the
powers herein named sre vested in Board
of Public Works and Affairs.