The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-01-22
THE PAVING QUESTION.
HOW NEW STREETS ARE PAID FOR
IN ST. LOUIS.
The Owners OF the Adjoining Property
Compelled to Foot tho Bill IL Ma
jority OF Them Agree to Have the
Work Done.

herself Of the plans in successful operation
| in other cities
No ordinances for the construction Of any
street, alley or public highway Of the city
shall be passed unless recommended
by the Board Of Public improvements, as
hereinafter provided. The board may, of
its own motion, and upon the petition Of
any reputable freehollcr Of property on
any street, alley or highway, designate a
day on which they will consider the inn
provemont OF such street, alley or high
way, and shall give two weeks public no.
tice in the papers doing the city printing
OF the time, place and object Of their meet
ing. On such day, ii
TnE owNEls OF MAJOR PART or THE
PROPERTY
on the line OF the proposed improvement
shall demonstrate against the same, the
board shall consider such rcmonstrance,
and II said board shall by unanimous
vote Of all il members approve such pro-
posed amendment, they shall cause an
ordinance for the same TO be prepared, and
report the same, with the reasons for their
action and the remonstranco, TO the
assembly. Ii such majority OF the prop
Crly holders fail TO rcmonstratc or shall
petition said board for such improvement,
the board may, by vote OF the majority
Of Us members approve the same, and
shall cause an ordinance 10 he prepared
and reported to the assembly therefor.
All ordinances recommended by said
board shall specify the character OF tho
work, It's extent, the material 30 be used,
the manner aud general regulations under
which II shall be- executed, and the fund
out OF which It shall be paid, and shall be
indosod with the estimate Of tho cost
III reOi, provided, that no improvement or
repairs shall be ordered upon any future
street, alley or highway which shall not
have boon opened, dictated or estab-
lishcd according TO the provisions OF this
charter and Law; and provided further.
that nothing IN this article shall be 30
construed IN 10 prevent the Board Of Pub.
lac improvements, through the proper
officer thereof, from annually letting and
entering into contracts on the first day II
July OF every year TOT the grading, con-
strucung, rcconstruoting aud repairing OF
sidewalks aud repairing street, alley or
gutter paving, aud such other similar
work which may he ordered by ordinance,
or may become necessary 10 be done dur
ing the year.
ORDINANCE Or tHE BOARD on PUBLIC M
PRuyEuENrs,
the Assembly (City Council), shall have
the power when such ordinance shall bo
accompanied 10y rcmonstrancc ~ herein.
before provided. bya vote OF two,hrls Of
the membens-clcct of each house, aud i'm
all other cases 10y vote Of majority OF
the members elect Of each house. 10 pass
such ordinance, and order the making of
such Improvement
The cost Of construction 81 all improve
mcnis within The city shall bo apportioncd
~ follows The grading oi new streets,
alleys and making Of cro.swnlkf, aud the
repairs oi all streets aud highways and
cleaning ol the same, and of al ALLEYS and
oru,sNnlks, shall be paid out Of the general
revenue oi the city. aud the paving, curb.
ing, guticfng. sidewalks. and the ma
tcrials for the roadways, the repairs
Of all alloys and sidewalks. shall be
changed upon the adjoining property
~ special tax, and collected aud
paid ~ hereafter provided. Whenever
the estimated special taxes Ia be assessed
against any property shall in the aggregate
amount To mor than IS pr cent. oi the
ASSESSED value OF said property, calculating
a depth 10 said property OF 100 feet, then
the Assembly shall provide out of tho
general revenue Tor the payment OF the
amount In excess ol the said - per cent.
The Hoard Of Public improvements shall
notify the Assembly whenever an ordi-
nance h. pending which requires an APP
preparation cut Of the general revenue 10
pay q part OF the cost OF the improvement
therein contemplated
All special tax bills ipr work contcm.
plated by this charter shall be- made out
by the president Of fiid Board OF Public
Improvements aud by him registered in
his Office IN iull, and certified aud dcliy-
cred 10 the Comptroller and his receipt
taken therefor. and by him registered and
cUuntcrsigncd aud delivered % the party
in whu.y favor % Is issued for collection.
and his rcucipt taken In iull IT all claims
against ihc ciiy on account Ut said work
rad tax hill shall be- and become a lien
on the property changed ihcrcWith, and
may hc collected Of thc owner at the land.
In the name OF and hy the contractor, as
any other claim ia ans court Ui competent
jurisdiction, with Interest at the rate Of 10
per cont per nnnum, after thirty davs
irum demand oi ~ payment date. aud. IN
not paid within six months Riicr such do.
maud, then NJ the rate ui 10 per cent. Der
annum irom the date OF said demand.
~ Casa rur OWNER ~ 4 NoN.HEspRrr
81 the State, suit may be brought by M.
tachmcnt which shall Boz demand Of it,
payment Such certified bin shall IN an
eases be- prima iacic evidence that tho
work aud maternal charged In such bill
shall have been furnished. and II the
execution Of tho work, aud II the correct.
mes If the rates or price,, amount thereof
aud " the liability oi the person therein
named us the owner OF the land.
charged with such bill. 90 pay the same.
provided that nothing la this section
shall hc ~ construed az Ia prevent the
party charged With the payment Of said
hil from pleading, IN reduction oi the
amount 81 same, that tho work therein
mentioned WIS not done Ia u good and
WufAuanlikc mlnnCE and provided, that
u TIE party changed shall vet up, by way
ul defense, that the work was not done I'M
a NurkmlnIikc manner according 20 the
elias, ot work mentioned In the contract.
aud that such party before the commences.
mont Of the suit tynjyp'l 10 the con.
tractor The fall value OF such work IA,
done, unl shall establish the same ON
Trial, the recovery shall only boz Tor tho
amount sp tcndrpl, AMI Judgment Ion
costs shall be- rendered against the painl-
W. The city shall not bc liable. Ia any
manner whatever Cor and ou account of