Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1904-06-23
ORDINANCE No. 81.

An ordinance providing for the con-
struction and repair of sidewalks, and
| for the levying and collection of spec
ial assessments therefor, and repeal
| ing Ordinance No. %, passed April 4,
1881, relating to the same:
SECTION l. Be it ordained by the
town council of the Town of Audubon,
Iowa: That all sidewalks now or
| hereafter constructed in said town
| upon any street or part of street in
conformity with the established side
walk grade of such street, or part of
street, of brick, stone or cement, are
hereby declared to be permanent side
walks. All sidewalks now or hereaf-
ter constructed upon streets or parts
of streets not in conformity with
the established sidewalk grade, or
upon streets where no grade has been
established, and all sidewalks now or
hereafter constructed of material other
than brick, stone or cement, are here
by declared temporary sidewalks.
Provided that no permanent sidewalk
shall hereafter be established except
of such material as the council of said
town may direct, and in accordance
with the resolution of said council.
SECTION 2. The town council may
by resolution adopted by threefourths
of all the members of the council
asserting to the same by vote, or by
majority of the council upon the
petition of twO-thirds of the owners of
property to be charged Herewith,
direct the building of any sidewalk,
and the resolution therefor shall
describe the kind and character of
such improvement, and the material
of which it shall be constructed, pro-
vided that, if a permanent sidewalk
is ordered to be established, the
ground upon which such sidewalk is
ordered built, shall be on the grade
or shall be graded in conformity with
the established sidewalk grade, before
being put in, and provided further
that temporary sidewalk shall be
constructed of boards of planks, as
may be ordered by the council.
SECTION 3. The town council may,
by resolution, condemn any sidewalk
now or hereafter in use in the said
town of Audubon, Iowa, which is con-
structed in manner different than is
specified in this ordinance or in the
resolutions of said council adopted in
accordance Herewith. And the said
town council may at any time order
the establishment of a permanent side
walk in front of any property, and the
fact that a temporary sidewalk may
have been established in front of said
property in accordance with the reso-
luton and permission of the said town
council, shall not prevent the ordering
of permanent sidewalks.
SECTION 4. Whenever the town
council shall have ordered the con-
struction of any sidewalk as herein
provided, a copy of the resolution,
signed by the town clerk, shall be
served by the street commissioner
upon each known resident owner of
the property along which the said
sidewalks is to be made. In case such
sidewalk is ordered in front of the
property OF any nonresident owner or
owners, the said notice shall be serv-
ed upon his or their agents, and if
there is no such agent then the town
clerk shall have said resolution pub
lished once in a newspaper of general
circulation in the Incorporated town
of Audubon, Iowa, which said notice
shall be considered notice on all
nonresident owners, whose property
is embraced in said resolutions; pro-
vided that failure to give the notice
herein specified shall not effect the
right of this town to enforce lien
against any lot or parcel of lot in
front of which such Improvement has
been made, for the amount expended
therefor, if built by this town, or to
assess the amount as taxes against
such property, as other taxes, or to
recover judgment against the property
owner therefor.
SECTION 5. Upon notice given as
provided in section four hereof it shall
be duty of the owner of each lot or
lots, or part thereof, to construct such
sidewalk in front of the property des-
ignated, within thirty days of the time
of service of such notice or publica-
ton, and in the manner described in
such resolution. Provided, however,
that when permanent sidewalk is
ordered, and the ground upon which
the same Is to be constructed has not
been graded in conformity with the
sidewalk grade established, the said