The Arizona sentinel., 1904-08-31
ORDINANCE No. "A
General Ordinance for the Con-
 structiOn of Sidewalks.

Common Council it shall be for the public ip-
 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 a 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 9 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 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 diigent inquiry can be ascertained by
 him, printed copy of the said ordinance
 Section 4. Said ordinance shall state date which shall not be earlier than sixty I6Ol days after said ordinance shall take effect after
 which date the town of Yuma will proceed to
 construct such parts of said sidewalk as shall
 not previous to said date have been constructed by private parties
 Section 5. 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 inSaid ordinance set forth, and upon the grade adopted by the said Common Council, the real property last afore- 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 the town of Yuma may begin the construction the Common Council to proceed with the con. struction of such parts of the same as shall not have been constructed.
 Section 7 Immediately upon the passage of the said ordinance mentioned in section 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 cells of land benefited thereby; they shall esti mate what proportion if any of the total cost of such improvement should be borne by the town at large because of public benefit, and what proportion should be borne by the prop erty 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 bcne fit to the property upon the several lots, blocks, tracts and parcels of land in the proportion in which they will severally be benefited by such
 Improvement. No lot block or tract of land shall be assessed in a greater amount than it will be actually benefited. The said commiS- sion shall make an estimate of the cost of the c construction of the proposed sidewalk, includ- ing abor, materials and all other expenses at- tending the same and cost of levying the aS- sessment and collecting the tax, which amount shall be the amount levied in said assessment.
 Section 8. Said commission shall also make or cause to be made an assessment roll, in which shall appear the names of the owners so far as known, 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 commits
 
 Scction9 It shall be the duty of the said 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 | a day and hour not less than twenty (2O) days | from the Gate when the said report is received | when the Common Council shall proceed to con- | sider the said report and the objections, if any, thereto by any property owner of the town.
 Section II. It shall be tho duty of the Town | Clerk to send by mail, postpaid, at least ten | days before the day set for the said hearing tot 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, a notice which shall state the de scription of said sidewalk as.it was described in the ordinance authorizing it's construction; that commission has assessed the cost of the said improvement upon the property benefited to the amount said property is bene- 1ted; that said assessment has been reported | ,o the Common Council and is now on file with he Town Clerk and open to public inspection; that the Common Council will, on a certain day md hour, naming the same, proceed to examine md reject, confirm, or modify and confirm, the assessment roll as reported by the said commis-
 on; that all persons desiring may then and here appear and make any objection they may lave to such assessment roll or any item there n. And the Town Clerk shall cause the said mo- ice to be published preceding the day of the air in at n o weekly | newspaper published in the town of Yuma.
 Section 12. If upon such hearing it shall ap- ,ear that any premises assessed for said im- in the roll prepared by said commis-
 ion arc assessed more or less than they will hc benefited, or more or less than the proportion .tc share of the cost of the improvement which uch premises should justly bear, the Common Council shall amend and change said assess nent accordingly. And the Common Council hall examine and reject, confirm modify and confirm the said Gsscssm ment roll, and the assess ncnts therein contained and thercupon. if said assessments and roll be confirmed, or modified md confirmed, the same shall stand as a valid assessment therein to the amount of such as against each lot, block, tract or parcel ,f land. If the owner of any parcel of land as- I esSCd for such improvement shall feel himself , ggrieved by reason of the determination made y the Common Council he may within twenty 20) days after the date Of such determination l ppeal thcyefrom to the District Court: Pro- S ided, that in case any contract shall have been , erctofore or before such appeal made for con- tructing said improvement, said appeal shall | ot affect such contract; and in case the appel a mt shall succeed in his suit, the difference be- geen the amount charged in the assessment '. oll and the amount adjudged by the court to be aid as benefits accruing to the parcel of real state described in said assessment roll shall = g paid by the town at large.