EDWIN WARFIELD, ESQ., GOVERNOR.

95

any street or alley, or parts thereof, in said city graded, paved,

trading and

sewered or otherwise improved, and levy the whole expense

paving of
streets and

thereof on the property binding on such street or alley agree-

alleys.

able to the extent of such lots thereon, and collect the expense

thereof as directed in Section 69; provided, that in esti-

mating the number of front feet upon such street or alley to

be improved in all cases when a portion of such front feet

shall be occupied by a railroad track or its slopes, the number

of front feet so occupied shall not be included in said estimate

nor shall said railroad be assessed with any part of the costs

of such improvements, unless such property of said railroad

shall be used for other purposes than a track simply, in which

case said property shall be estimated and charged in the same

Abutting prop-

manner as the property of other parties binding on such

erty owners
to pay for

streets or alleys; and the Mayor and City Council shall pro-

for same.

vide by ordinance for the giving of notice by publication or by

service of written notice personally upon the parties to be

affected by said proceedings and allowing them to be heard

before any such proceedings are had. But nothing in this

section shall be construed to prevent said Mayor and City

Council from constructing any sewer or system of sewers and

Constructing
sewers and

paying for the same out of the funds of the city, nor to prevent

charge for

said Mayor and City Council from charging a reasonable sum

using them.

for the use of said sewers, either by an annual charge or by a

charge for the right of connection therewith in perpetuity, all

of which said powers are hereby granted to said Mayor and

City Council.

68A. The Mayor and City Council may, upon the petition

Petition to re-

in writing of the owners of the majority of front feet of prop-

grade, etc.

erty abutting on any street or alley or part of any street or

alley (not less than a block) verified by the affidavit of one

or more parties to said petition, cause the same to be regraded,

repaved, recurbed, sewered or otherwise improved, and with

such materials and upon such general plan, if any plan is speci-

fied, as the said petitioners shall apply for in said petition.

After the passage or approval of any ordinance for the regrad-

ing, repaying, recurbing, sewering or otherwise improving any

street or alley or part thereof under this section, notice shall

within ten days thereafter be given by hand bills posted in

conspicuous places along the line of the proposed improvement,

which notice shall state the fact of the passage or approval of

the ordinance, the date of its passage or approval, that the

petition was signed by the owners of a majority of front feet

of property abutting on the line of the proposed improvement,