Evening journal., 1905-03-09
TO DEFRAY THE
COST OF PAVING
Bill in Legislature Provides
for Assessment Against
Abutting Properties
MEASURE NOW IN COMMITTEE
speeIal 10 The Evoning journal.


Dover. March IA bill Of particular in
terest to Wilmington is now before the
Senate Committee on cities and Towns.
It provides for assessment against the
abutting properties Of a portion of the
cost of paving the roadways Of streets in
this city. The fun text follows;
Senate Bill No. 1903.
An act providing for assessment
against the abuttlng properties OF p0r-
tion of the cost OF paving tho roadwayB
Of streets in the city Of Wilmington.
Be IL enacted by the Senate and House
OF Representatives Of the State Of Della
ware in General Assembly met (two-
thirds OF all the members elected to each
branch Of the Legislature conourring
therein).
Section l. That the Board Of Directors
OF the Street and Sewer Department is
hereby authorized aud directed TO assess,
except as hereinafter provided. upon the
abutting property on each side of the
streets or sections Of streets that may
be newly paved after the passage of this
act, one-fourth OF the actual cost Of such
paving.
Section 9 That when any street or
section OF street shall be rcpaved with
new paving material, excepting repavlng
or repairing In whole or IN part of urdln-
AIRY macadam. the sbuttihg properties
shall be assessed as herein provided FOR
streets newly paved. but all amounts as
sessed against said properties for ma
cadamizing or other paving previous 20
such repaving shall be deducted from the
amounts charged.
Section g. That the assessment upon
every property affected shall be IN pro-
portion to the amount of frontage. and
shall not exceed for each foot OF frontage
! the cost of one square yard Of paving.
Section 4. That intersections OF streets
are herein considered as abutting upon
other property OF the city. and shall be
paid for entirely by the city.
Section 5. That corner lots shall be as
; sessed on each frontage, and 'Jib" OF
"fiatiron' lots. formed by the converglng
OF two streets at an acute angle, may es-
cape portion OF assessment for paving
by tile owner deciding to the city, for
street purposes. proportional part Of
' the narrow end OF such lot
Section G. That the cost upon which
such assessment shall be based shall not
. include any portion Of the fixed charges
of the department. nor any portion Of the
qmount Tor which any RAILWAY company
using a part of the street IN front of such
abutting properties shall be liable.
Section Z. That Whenever a petition,
: signed by the owner or owners of more
than one-half OF the frontage on any
street or section Of street IS presented
to the Board Of Directors of the Street
and Sewer Department. asking for the
: paving or repaving Of said street or sec
ton of street. the said department
shall accept and file said petition and II
j.. all conditions herein provided shall have
been met. shall make The necessary pro-
- visions for the execution of said work
and shall complete the same within one
IL year from the date of the. petition, or az
soon thereafter as funds may be avail
able FOR the purpose, provided that Fl
n cases Of repaving the proportion Of th,
Gust assesshble against the property OF
each side OF the street or section o.
a street shah not be less than one-tenth Of
8 the total eost Of such repavng.
Section s. That all work Of paving oi
z repaving streets done on petition shai
" be done as nearly as may be practicable
in the order in which the petitions arr
l. accepted and filed. provided eurbs shal
that sewer and other pipes or conduits al
mary be required by the Board Of Di
reotors of the Street and Sewer Depart
Is ment shall have been laid, and provides
that TO petition shall be granted whicl
N asks for the paving or repaving OF an!
IN section Of street less than one thousanl
feet IN length, unless the same shall b
re continuation Of or connect with a thor
any case for any section Of street les
re than one full block in length. and provid
r ed further that the bed OF the section q
the street TO be paved shall belong I
the city.
Section O. That whenever. in the iuda
re ment OF the Board Of Directors of IN
Street and Sewer Department. it shall bs
Mt come necessary or desirable 10 pave q
repave any street or section OF street 70
T. whisn no petition shall have been rs
ceived and to dssess a portion Of the Co.
Mt OF the work against abutting propert,
A. the said Board shall give notice thereo
at least two weeks before the final al
ay tion. 10 all the owners Of property abu
n ting on the section Of street to be pave
OF repaved, by posting notices at tn
20 Office OF the board. and IN five conspict
IN GUS places on tho properties or street &
section OF street affected. and, so far 4
sh shall be practicable by mailing notice
u" addressed to all the property owners al
fcctcd. at their last known places
abode. setting forth the street or Sc,
tlon OF street to be paved and the kin
Of paving proposed, and appointing
-. time and place for a public hearing q
~ the subject; whereupen the board ma
~ by a Unanimous vote Of all the member
thereof proceed 20 execute said worl
= and assess the proper proportion Of Il
-, cosk against the abutting property IN u
N, same manner as n done on petition, All
u in the same order as work done on pet
- tlon, the date OF final action thereon go'
ernins its order IN the list OF streets
be paved.
Section 10. That where the woi
t,. Street is used in this act II applies
any street, road avenue or lane; whc
40 the word roadway" is used it applies
q, the portion Of a street between cu
:, lines: where the word paving" is used
ne implies the surfacing Of the roadway b
70 tween curb lines with Macadam, Belgl;
IN Block. Paving Brick. Asphaitum or ri
zee other recognized form OF street pawn
led and including cutters; and where the ter
ng newly paved Is used Il applies only
ic- the paving OF a street that has not be
"a paved before.
n. Section H. Each such assessment I
:. the cost OF Improvement to roadbeds
20 -~..+tao5 TO- ~ THE at nhalI ba autar