The log cabin Democrat. [volume] (Conway, Ark.) 1901-1982, 1908-05-21
ORDINANCE NO.:l64.

City of Conway; and to That End Compelling
the Owners of Certain Property Auditing on
Certain Streets i'll Said City to Build Repair
and Maintain Sidewalk Improvements There.
along; and Designating the Kind Of Material
to be Used and the specifications TO be Fol-
lowed thereon and the Time Within Which
Such Improvements Shall be Completed; and
Providing, i'll Event of Failure or Refusal OF
Owners of Said Property to Comply with This
Ordinance, for the Construction or Repair OF
Said Improvem by Some suitable Person,
Under Contract with the City, and for the En-,
forcement of a Charge Against the Owners OF
Said Property and Lien Against said Prop
erty, for the Cost of Said Improvements:
WHEREAS, in order better to provide for the
public welfare, safety, comfort and convenience
of the inhabitants of the City of Conway, 1t IS
necessary and desirable that sidewalk be built
and constructed along the streets hereinafter.
mentioned and along the property hereinafter
described, therefore
Be IT ORDAINED by the City Council of the
City of Conway, Arkansas:
Section One. That the owner or owners re,
spectively, of the following property, situated
in the City of Conway, Arkansas, wit:
All property and lots abutting on the South
Side OF Duncan Street between Clliton street
and Mitchell Street; all property and lots abut-
ting on the West Side of Mitchell Street between
Prince Street and College Avenue; all property
and lots abutting the South Side of College
Avenue between Mitchell Street and West
Street; all property and lots abutting on the
West Side of West Street between College Aven,
ue and the Northeast corner of the grounds OF
the State Normal School (ssid corner being the
Northeast Corner of the Southeast Quarter OF
| the Southeast Quarter of Section II, Township
5, North, Range IA, Vest; all property and lots
| abutting on the South Side of Caldwell Street,
| between Watkins Street and Faulkner Street;
all property and lots on the North Side OF Cald-
| we'll Street between Mitchell Street and West
Street; all property and lots abutting on the
North Side of Deer Street between the right OF
way of the Little Rock & Fort Smith Railway
and Front Street (being Lot No. Il OF Block
| No. IA, of Robinsons Plan of Conway and all
| of the above mentioned streets being designated
| herein in accordance with the nomenclature OF
| 49, e ~, 81
map of said City, made by Banner & Company
in August 1905 and fixed by resolutions and
ordinances of the City Council of Conway adopt
ed since the making of said map;
| Be and the owner or owners, respectively, OF
the above described property, are hereby or
dered and required to build, lay and maintain
sidewalk and sidewalk Improvements on or
along their said above described respective
property along the respective streets above
mentioned, where SAID properly aouts on on
according to the specifications hereinafter set
| forth
Section Two. All sidewalks required to be
constructed and laid under and by this Ordi-
| nance shall be built of concrete of standard
| grade and proportions and shall be built and
ner; and all said sidewalks shall be at least four
| inches thick and five feet wide; and shall be
| built and laid within ninety days from date OF
| the passage of this ordinance.
| Section Three. This Ordinance shall not be
| so construed as to require the construction OF
! sidewalk along or in front of any property at
| a
dimensions set forth in Section Two of this or
dinance, built of concrete of standard grade and
| proportions, properly laid and of smooth sur
| face and in perfect repair; but no sidewalk now
| constructed along or in front of said property
| that is not of said dimensions, and built OF con-
crete of standard grade and proportions, or that
| is not in perfect condition and repair, or that
has not perfectly smooth surface, shall be
| deemed to be in substantial compliance with
| this Ordinance.
Section Four In the event that the owner or
| owners of any of the above described property
| shall fail, refuse neglect to build, maintain
| or repair the sidewalks or sidewalk improve
ments provided for i'll this Ordinance i'll the
| manner and in compliance with the specihca-
tons herein set forth within ninety days from
| and after the date of the passage OF this Ofdl-
| nance, then II shall be the duty OF the mayor OF
| the City of Conway, and he is hereby authorized
! and empowered, after twenty days notice OF his
intention so to do given to the owner or owners,
or agent or tenant of owner in charge OF any
such property provided i'll Section OF TINS
| Ordinance, to enter into contract on behalf OF
and for the City Of Conway with some suitable
person or corporation for the construction and
| laying or repair of the sidewalk required under
| this Ordinance to be built and laid or repaired
on or along said property, on the best terms
that can be obtained bv said Mayor. And said
sidewalk shall thereupon be laid and butt on or
along such property, as required by TINS Ordl-
nance i'll accordance with the specifications set
forth i'll this ordinance, and upon the compile
ton thereof i'll manner provided herein ana ac-
ceptance thereof by said Mayor for said City,
the CITY of Conway shall pay the person 50 con
structng said sidewalk, according to the con-
tract heretofore entered into by SAID Mayor
with such person. And the amount so paid tor
said sidewalk, work and construction by said City
of Conway. together with per cent penalty ad-
ded thereto, shall constitute a charge against
the owner OF the property i'll front OF or along or
on which the sidewalk so paid Tor shall nave
been built, and said amount so PAID shall also
be and continue as a lien on the property in
front of which, or along or on which sad side
walk shall have been built and said work done
| from the date of the commencement OF SAID
work, which said charge and lien shall be as
signable by the City of Conway and which SAID
charge may be recovered i'll an ordinary SUIT
against the owner or owners OF said property by
said City or its assignee and which lien may be
| foreClosed by the said City or its assignee by
suit in equity in the court courts having Jurs-
diction of suits for the enforcement OF liens up
on real property, for the condemnation and sale
of said property for the payment of the sums so
paid by the City of Conway, together with SAID
penalty of six per cent and interest and all
| costs, said suit in equity to be brought IN man
ner and under the terms now provided by law tor
the foreclosure of liens on property by improve
ment districts so far as applicable.
Section Five. The notice to be given to the
owner or owners of property, as required IN
Section Four of this Ordinance shall be in sub
stance as follows:
NOTICE"
"To there ins ert name of owner of property:
"You are hereby notified that unless you build
and Law Tor repair, as the case may beg CON
crete sidewalk in front of Cor alongside, as case
may be- the following property situated IN the
City of Conway, Arkansas, to-wit; (Here IN
on (here insert name of street, Street within
twenty days from the service OF this notice, IN
in accordance with the provisions of Ordinance
No 1o2 of the City of Conway, passed the 18th
day of May, 1908 the same will be built and lad
Cor repaired, as the case may be- by the City of
Conway under contract with some suitable per-
SON and the cost thereof, together with pen
atty of six per centum added thereto shall con
stitute charge against you and and lien upon
said property said charge and lien to be assign
able by said City, and to be recoverable and en-
forceable i'll appropriate suit by the City or ITS
assignee as provided in said Ordinance. This
(here insert date.
"(Signed) Name OF Mayor
Mayor City of Conway
Section Six. The notice provided for i'll the
foregoing section shall be served upon the own
er OF said property by delivering to HIM copy
thereof or by leaving a copy thereof with some
member of his family over the age OF sixteen at
the usual place of abode of such owner OF said
property; and in event the owner OF said prop
ertv be a non resident of the City of Conway, or
cannot be found therein, or be unknown, then
said notice shall be served by delivering copy
thereof to the agent or tenant in charge OF or
possession OF said property at that time, II such
| there be, or by publishing same in some news