The Norfolk weekly news-journal., 1910-02-18
Paving Up 70 CITY Council.

tHe IOTnallty OF n petition being pre-
scented to them, according to NJ. c.
Ha2cn, who studied into this legal
question while serving in the capacity
of city attorney.
The following sentence i'm the Ne.
braska law governing cities from
5000 to $4,000 population, vests com.
plete power and authority in the
mayor and city council, the former
city attorney says, to go ahead ana
on their own motion, order and con.
tract for the paving of n street
The mayor and council OF any city
governed by this act (Cities of 5000
to $4,000 shall have power to pave
repave, or maCadamiae any street or
alley, or any part thereof, in any city,
and for that purpose to create suitable
paving districts, which shall be con.
secutively numbered; such work to be
done under contract
That sentence, Mr. Hazen says
gives the mayor and council the right
to pave, without any petition coming
before them whatsoever. And under
his construction, Mayor Friday and
the city council can go right ahead at
any time and create n paving district
ordering whatever streets they deem
expedient, to be paved. The sentence
is not qualified.
The mayor and council nave power
to issue bonds to pay for paving the
street intersection, but not until the
issue shall have been Authorized by
the majority of regular electors at
a bond election.
1t is Mr.. Hazens opinion that the
clause in the statute relating to pc
tition, merely gives property holders
power to compel mayor and city
council to pave, under certain condi.
tons. This is the clause referred to:
Whenever the owner OF lots, or
lands, abutting upon the streets, or
alleys, within any paving district. shall
petition the council to pave, re-pave
or macadamize such streets or alleys,
II shall become the duty of the mayor
and council to pave, re-paye, or ma.
cadamize the same, etc"
Further weight is lent to this con.
struction of the law, 1t Is pointed out,
by the fact that, in the first sentence
OF the statute, the law classes the
power to pave along with power to
open, extend, widen, narrow, grade,
curb, gutter, park and pave, or other
wise improve and keep in good repair
and condition, or cause the same to
be done, in any manner they may
deem proper, any street avenue or al
ley within the limits of the city, etc
Following is the law regarding paw
ing in cities of from 5000 to $4,000
population:
The council shall have power to
open, extend, widen, narrow, grade
curb, gutter, park and pave, or other
wise improve and keep in good repair
and condition or cause the same to be
done, in any manner they may deem
proper, any street. avenue or alley
within the limits of the city, and they
may grade partially or to the estab-
lished grade, or park, or otherwise
improve any width or part of any
such street, avenue or alley, and may
also construct and repair or cause and
compel the construction and repair
of sidewalks in such city of such ma.
terial and in such manner as they
may deem necessary. and to defray
provements, or any of them, the
mayor and council of such city shall
have power and authority to levy and
collect special taxes and assessments
upon the lots and pieces of ground
adjacent to, or abutting upon, the
street, avenue, alley, or sidewalk thus
in whole or in part opened, widened
curbed and guttered. graded, parked
extended, constructed, or otherwise
improved or repaired, or which may
be specially benefited by any Of said
improvements: Provided, that the
above provision shall not apply to
ordinary repairs of streets or alleys
and the cost of such repair shall be
paid out Of the Road Fund, and the
mayor and council are authorized to
draw warrants against said fund not
to exceed eighty-five 1851 per cent OF
the amount levied as soon as levy
shall be made by the county com
missioners; Provided Further, the
mayor and council of any city gov
erned by this act shall have power
by ordinance, to establish the grade OF
any street, avenue, or alley, in the
city; and when the grade of any
street, avenue, or alley shall have been
heretofore established, or when the
grade of any street, or part of street
shall be changed unless the consent
in writing is first obtained by the
owners of the lots or lands abuttine
upon the street or part Of street
where such change of grade is to be
made who represent a majority of the
feet front, thereon, and not then until
the damages to property owners which
may be caused by such change OF
grade shall have been assessed and
determined by three 60 disinterested
freeholders who shall be appointed by
the mayor and council for that pur
pose, who shall receive a fee of five
dollars per day and who shall make
such appraisement, taking into con,
sideration the benefit, if any to such
property, and file their report with the
city clerk, and the amount of damages
so assessed shall be rendered to such
property owner, or their agents.
The mayor and council of any city
governed by this act shall have power
to pave, repave, or macadamize any
street or alley, or any part thereof
in any city, and for that purpose to