The Arizona sentinel., 1904-09-07
ORDINANCE No. A
General Ordinance for the Con-
 structiOn of Sidewalks.

Common Council it shall be for the public in- terest and for the interest of the property hold CTS who will be required to bear portion of the expense of any improvement contemplated to be constructed under the terms of this ordi- nance, to have constructed sidewalk upon any street. alley or public place in the town of Yuma, the Common Council shall by ordinance order the construction Of the said sidewalk
 Section ,. The said ordinance shall state the route and termini of the proposed sidewalk, and give the specifications under which the same shall be constructed, upon a grade to be before the passage of said ordinance adopted by the Common Council.
 Section 3. Upon the passage of the said ordi nance it shall become the duty of the Town Clerk to mail at once to all ersOnS owning real estate fronting upon the said proposed sidewalk and whose address is known to said Town Clerk or by diligent inquiry can be ascertained by | him, a printed copy of the said ordinance. Section 1. Said ordinance shall state a date which shall not be earlier than sixty [6Ol days after said ordinance shall take effect, after which date the town Of Yuma will proceed to cCl s-ruct such parts of said sidewalk shall not previous to said date have been constructed by private parties.
 | Section ,. It shall be lawful for any person. an owner of real property fronting upon the proposed sidewalk, between the passage of said ordinance and the date named therein as the date when the town of Yuma may begin the construction of said sidewalk, to construct such part of said sidewalk as is fronted upon by his said real property and when so constructed, according to the specifications in said ordinance set forth, and upon the grade adopted by the said | hp rp11 last said shall be exempt from all assessments which may have been or may thereafter be levied under said ordinance because of said sidewalk.
 Section 6. Upon the occurrence of the date named in the said ordinance as-the date when l the town of Yuma may begin the construction of said sidewalk, it shall become the duty of the Common Council to proceed with the con- structon of such parts of the same as shall not have been constructed
 Scction7. Immediately upon the passage of | the said ordinance mentioned in section 1 Of this ordinance the Common Council shall ap- point five (5) commissioners, three (3) of whom shall constitute quorum with power to act, which said commission shall examine the local ity where the said improvement is to be or has | been made and the lots blocks, tracts and par cels of land benefited thereby; they shall esti-
 
 of such improvement should be borne by the town at large because of public benefit, and what proportion should te borne by the prop cr5y Benefited, and apportion the said cost be- tween the town and such property, so that each shall bear it's relative equitable proportion; and having found such amounts, to apportion ana assess such amount so found to be of bene- fit to the property upon the several lots blocks, i,,f,i in which they will severally be benefited by such 1 improvement. No lot, block or tract Of land shall he assessed in greater amount than it will be actually benefited. The said commis- sicn shall make an estimate of the cost of the construction of the proposed sidewalk, includ- ing labor materials and all other expenses at tending the same and cost of levying the as- sessmcnt and collecting the tax, which amount shall be the amount levied in said assessment.
 Section 8. Said commission shali also make or cause to be made an assessment ron in which shall appear the names Of the owners so far as known, a description of block, lot, tract or parcel of land, and the amount assessed as benefits thereto, and in which shall be set down as against the town the amount said commS- sien shall have found as public benefit.
 Section9. It shall be the duty of the said commission to report the said assessment roll under oath. to the Common Council, within twenty (2O) days from the date of their appoint ment, and the said report when received shall be open to inspection by all persons.
 Section 10. Upon receipt of the said report it shall be the duty of the Common Council to set day and hour rot less than twenty (20) days from the @ate when the said report is received, when the Common Council shall proceed to con- slider the said report and the objections, if any, thereto by any property owner of the town.
 Section II. It shall be the 2uty of the T own Clerk to send by mail, postpaid, at least ten days before the day set for the said hearing to each property owner named in the report of said commission and assessed, whose address is known to said clerk or by diligent inquiry can be learned, Q notice which shall state the de scription of said sidewalk as it was described in the ordinance authorizing it's construction; that a commission has assessed the cost of the said improvement upon the property benefited , according to the amount said property is benc- fited; that said assessment has been reported to the Common Council and is now on file with the Town Clerk and open to public inspection that the Common Council will, q certain day and hour, naming the same, proceed to examine and reject, confirm, or modify and confirm, the assessment roll as reported by the said commis- sion: that all persons desiring may then and there appear and make any objection they may have to such assessment roll or any item there in.
 And the Town Clerk shall cause the said mo- tice to be pull ublishcd preceding the day Of the said hearing in at least two issues of a weekly newspaper published in the town of Yuma. Section l2 If upon such hearing it shall ap- pear that any premises assessed for said i'm provement in the roll prepared by said commis- sion arc assessed more or less than they will be benefited or more or less than the proportion ate share of the cost of the improvement which such premises should justly bear, the Common Council shall amend and change said assess ment accordingly. And the Common Council shall examine ard reject confirm or modify and confirm the said assess mCnt roll. ard the assess ments therein contained, and thcreupOn if said assessments and roll be confirmed or modified and confirmed, the same shall stand as a valid assessment therein to tho amount of such as scssment against each lot, block, tract or parcel Of land. If the owrcr Of any parcel of land as sessod fer such improvement shall feel himself aggrievcd by reason of the determination made by the Common Council, he may within twenty (2O) days after the date of such determination appeal therefrom to the District Court: Pro- vided that in case any contract shall have been heretofore or before such appeal made for con structing said improvement, said appeal shall not affect such contract; and in case the appel lant shall succeed in his suit, the difference be- tween the amount charged in the assessment roll and the amount adjudgCd by the court to be paid as benefits accruing to the parcel of real cta.a in said oil hail