Douglas Island news., 1902-08-27
Ordinance No. 7.
To Provide for the Construction and Repair of
 Streets, Sidewalks and Cutters.


 Streets, Sidewalks and Cutters.
 The City of Douglas does ordain as follows:
 STREETS ARE PUBLIC HIGHWAYS.
 SECTION 1. All streets, lanes oralleys, and all public places as laid out in the recorded map or plat of the townsite of Douglas, which is on record in the United States Land Office in the Sitka land districts; and all streets, lanes and alleys that may hereafter be laid out within the city ot Douglas are hereby declared public and free highways.
 STREET GRADES.
 SEC. 3. It shall be the duty of the Street Commissioner, or such other person as the Street and Street Improvement Committee of the Common Council may appoint, to fix the grade of streets, alleywayS, sidewalks and cutters within this city, whenever so or dered by the Council, and to report same to the Council; and said grade, after adoption by the Council, shall be obligatory upon all owners of property within this city.
 CONSTRUCTION AND IMPROVEMENT OF STREETS
 SEC. 8. Whenever the Council shall deem it wise to establish, construct, alter or im- prove any street or part thereof now or hereafter laid out or established within the limits of this city, said Council shall give ten days notice, by publication, of its intention to so establish, construct, alter or improve such street, or part thereof, together with the kind of improvement proposed to be made. Said notice shall also state the time and place when said Council shall hear the evidence and proof from all parties interest ed for and against such proposed improve ment. If at such hearing no remonstrance or objection be made to such Improvement, or if said Council, after hearing the evidence and proof from all parties interested, deem it eNpedient and necessary for the improve ment of the city to proceed With such lm- provement, the Council shall at its earliest convenience commence to make the propos- ed improvement as hereinafter provided, or in case of establishing new street then the Council may declare 1t such by ordinance. .1g . fTsr mi Nm directing the grading, planldng, Sidewalking or other improvement of any street within the limits of the city shall be passed or adop- ted by the Council unless q majority of the lot owners along the street or part of street sought to be graded, planked, sidewalked, or otherwise improved, shall have petitioned the Council to make such improvements.
 COST OF IMPROVEMENTS.
 SEC. 4. Each lot or part thereof within the limits of the proposed street improvement shall be liable for the full costs of making the same upon the half of the street in front of and abuttiug upon It, and also for the propOrtionate share of the cost of improving the intersection of two streets bounding the block in which said lot CT part thereof is sit uated, as follOws Each lot at the iuterSec- tion of two streets shall be liable for two thirds of the cost ofimproving same, and the lot adjoining the lot at the intersection ot two streets shall be liable for one-third of said improvement. In case the notice, pro- vided in section 8, be for the improvement of a street or part thereof. the Council may pro- ceed to ascertain and determine the prODa- ble cost of making such improvement, and assess upon each lot or part thereof liable therefor its propOrtionate share of such cost. When the probable cost of the improvement has been aScertained and determined, aud the prOpOrtiOuate share thereof or each lot or part thereof has been assessed, the Coun- cil must declare the same by ordinance, and DubliSR a notice for days. setting out the sum assessed against the several lots or parts thereof for such improvement, IT said sum so assessed be not paid to the City Treasurer within five days from the date ot the last publication of said notice the same shall then become delinquent, and the same shall be recovered in a civil action in any court of competent Jurisdiction within the city
 CONTRACT FOR STREET IMPROVEMENT.
 SEC. ,. The Council shall give such notice as they deem reasonable of the time and place of receiving bids for proposed street improvements. After such notice, the work must be let to the lowest responsible bidder for either the whole work necessary to com plete the proposed improvement or for such subdivision thereof as will not materially conflict with the completion of the remain ing portions, but no bid for a fractional part of any class of work ChaCgeaDle to any block fronting on the street to be improved shall be received; and bid by the owner or own CTS of two-thirdS of the property Tn block fronting on a street proposed to be improved must be accepted. Provided, the same be as low as any other bid, and the work can be so subdiyided without injury to the owners of adjacent or other property. The Council, however, may reject any and all bids when deemed excessive or unreasonable.
 DEFICIT OR SURPLUS.
 SEC. 6. If, upon completion of any im- provemeut, it is found the sum assessed therefor upon any lot or part thereof Is in sufficient to defray the costs thereof, the Council must ascertain the deticlt and de- clare the same by ordinance, and proceed to collect such deficit as provided in section four CD for the collection of the original as SeSSment. If, upon the completion of any lm- proyement, 1t IS found that the sum assessed therefore upon any lot or part thereof IS more than sufficient to pay and defray the cost thereof, the Council must ascertain and declare the surplus by ordinance, and when so declared, it must be refunded to the per son who paid such surplus, or his legal rep resentatiye. All money paid or collected up- on assessment for improvements on streets shall be kept by the City Treasurer as a sep arate fund and in uowiSe used for any other purpose whatever.
 TRENCHES NOT TO REMAIN OPEN.
 SEC. :. No trench dug for pipes or conduit shall remain open over twenty-tour hours after the pipe or conduit is laid; and all planiing removed for the purpose of laying any pipe or any other purpose shall be re- placed and put in as good order by the com pany or person who caused the removal as 1t was previous to such removal.
 BARRIERS AND LIGHTS WHERE WORK Is BEING
 DONE,
 SEC. s. Any person or company by whom any portion of the public street or sidewalk may be made dangerous shall erect, and so long as the danger may continue, maintain around the portion of the street or sidewalk so made dangerous a good substantial bar rier, and shall cause to be maintained dur ing every night lighted lantern on that portion of the street or sidewalk.
 REPAIR1NG STREETS,
 SEC. g. Whenever any street is not in good condition and repair it shall be the duty of the Marshal or other executive officer ap- pointed by the Council for this purpose to notify the owner pr the owners or agent of the land or property abutting upon said street at the place where the repair is need- ed to have the same repaired at their expense within such time as the officer shall deem such repairs can be made; and it shall be the duty of the owners of land abutting upon the streets nnh nmhlic himhMaYS within this citY