The Columbus commercial. (Columbus, Miss.) 1893-1922, 1903-02-03
BETTER SIDEWALKS.


glad to see that Mayor Gunter
has decided to take the matter
up and push it to a successful
issue. 1t is the idea of the mayor
to have the city do the work and
levy special tax on the
property h oil d ers, who
own buildings fronting upon
the walks go repaired to cover
the cost of the same. With this
end in view he addressed a COM
munication to Messrs. Sykes and
O'Neill, the city attorneys, in
which he requested an opinion
regarding the legal right of the
city to do this. From their re-
ply it seems that the city un-
doubtedly has the right to make
the repairs, and the work will
doubtless be undertaken at an
early date.
The full text of the opinion
rendered by Messrs. Sykes and
O'Neill is as follows:
Columbus, Miss, Jan. 80, 1903.
Hon. j. T. Gunter,
Mayor City of Columbus.
Dear Sir:-Making answer to
your inquiry: "What, if any, le-
gal authority resides in the city
council to construct, or cause
property holhers to construct
pavements in front of and abutt-
ing their .holdings?". We have
to say that the charter of this
city, approved March~8th, 1884,
confers ample power upon "the
council" either to require the
abutting property holders to
construct required pavements, or
for the Council" in the first in
stance, to so construct them.
Sec. 27 of said charter pro-
vides "That said mayor and city
council shall have full power and
authority TO require the owner
of any lot adjoining to any pub
lie street or highway to con-
struct, repair and keep in OF der,
at the expense of such owner, a
smooth, dry and firm sidewalk
or pavement of such width and
of such materials as shall be pre-
scribed by said mayor and city
council, adjacent to the lot or
premises of such owner" The
foregoing section contemplates
such sidewalks as the abutting
property owner individually is
first directed to construct or re-
pair as to such. Ordinances 2S2,
284, and 285, prescribes how and
in what manner it shall be done.
Sec. % of the charter provides
FThat whenever in the discre-
ton of said mayor and city
council it shall be necessary to
have any street, sidewalk or
highway opened = paved
or otherwise improved, they may
determine whether the same
shall be done at the expense of
the owners of the lots or prem
isea abutting or adjoining said
street, sidewalk or highway or
benefited by such improve
ment; and said city council may
require such work to be done by
it's officers or under their super
vision; such officers shall report
the cost thereof to the mayor,
who shall send to each person
owning property subject to be
assessed a notice to appear at a
meeting of the city council to be
held not longer than five days
!
after such notice is served, and
show cause why the report of the
| officers as to the cost of such
work should not be confirmed
and their respective lots as
sessed. Said mayor and city
council shall hear and determine
all objections to such report and
all objections to the assessment,
and shall fix the amount of the
cost and expense to be assessed
to the property owned by the re-
spective owners of the lot or lots
to be assessed as such values ap-
pear on the tax books Of said
city; and if the amount so fixed
is not paid within ten (10) days
after such assessment, h e
amount thereof shall be added to
the amount of taxes assessed