Audubon County journal. (Exira, Iowa) 1884-1993, 1905-11-02
feet; and IS inches below top of cement
block.
Passed and approved Oct. 80, 1905.
Published Nov. 2, 1905.
GEORGE E. NICHOLS,
Mayor.
Town Clerk.
Ordinance No. 4S.

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. Is, passed Augu st
l9, 1881, published August 25, 1881 re-
lating to the same.
town council of the Town of Extra,
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 or cement, are hereby
declared TO be permanent sidewalks.
All sidewalks now or hereafter con-
structed 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 construct
ed of material other than brick,
or cement, are hereby declared tenn
orary 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.
4 SECTIoN 2. The town council may
by resolution adopted by three fourths
of all the members of the council
assenting to the same by vote, or by
q 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
/ hn soI
of which it shall be constructed, pro-
vided that, if 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 or 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 Extra, 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 ofa permanent side
walk in front ofany 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, 3 copy of the resolution,
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 Oh 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 newspaper of general
circulation in the Incorporated town
of Extra, Iowa, which said notice
shall be considered a notice on all
nonresident owners, whose property
is embraced in said resolutions; pro-
vided that a failure to give the notice
therein 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
herefor if built by this town, or to
assess the amount as taxes against
such property, as other taxes, or to
recover judgementagainst the property
owner therefor.
| SECTION 5. Upon notice given as
provided in section four hereof it shall
be the 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. All sidewalks con-
structed shall be constructed under
the direction of the committee on
streets and alleys of this town.
SECTION 6. Whenever the owner
of any property to be charged with
such improvement shall fail to comply
with the foregoing requirements in the
time and manner herein specified then
the committee on streets and alleys of
this town shall cause such walks to be
constructed, and shall return to the
council detailed statement of the
cost thereof opposite each lot or par
Gel of lot to be charged Herewith,
together with the name of the owner
thereof, If known, and thereupon, the
town council shall declare by resolu-
tion an assessment against such lot or
parcel of lot, upon the owner thereof,
if known, for the cost of constructing
such sidewalk according to the front
age of such lot or parcel of lot SO
improved, and such assessment, pen
atty and costs shall be lien upon
such lot, or parcel of lot, until the
whole amount be paid, and unless
sooner paid, the town clerk shall GER
tify the same to the County Auditor to
be collected as other taxes.
SECTION Z. 1t shall be the duty of
the owner of any parcel of ground
fronting on any street to keep. main
tain and repair the sidewalk which
may be laid in from of -nch = round:
and in caee of failure Ia do so, it shall
Continued on page 3.