302 ARTICLE 1A.

structing any sewer or sewers or system of sewers and paying for the
same out of the funds of the city nor to prevent the said Mayor and City
Council from charging a reasonable sum for the use of said sewer, either
by an annual charge or by a charge for the right of connection therewith
in perpetuity, all of which powers are hereby granted the said Mayor and
City Council.

1922, ch. 96, sec. 77.

77. The Mayor and City Council may, whenever in their judgment
the public interest and convenience require it, have any street or alley
or part thereof in said city regraded, repaved, recurbed, resewered or
otherwise improved and levy the whole expense thereof or any part thereof,
not less than two-thirds, on the property binding on said street or alley
agreeably to the extent of such lots thereon and collect the expenses thereof
as directed in Section 79 and in case less than the whole cost is assessed
upon said property, the city shall pay the remainder thereof, providing
that in estimating the number of front feet on said street or alley to be
improved, in all cases where any part 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 any
part of the cost of such improvement unless such property of said railroad
shall be used, or be capable of being used, for other purposes than a track
simply, in which case said property shall be estimated and judged in the
same manner as the property of other parties bordering on said, streets or
alleys. And the Mayor and City Council shall provide by ordinance for
the giving of notice by publication or by service of written notice per-
sonally upon the parties to be affected by said proceeding, and allowing
them to be heard before any such proceedings are had, but nothing in this
section shall be construed to prevent the Mayor and City Council from
constructing any sewer or sewers or system of sewers and paying for
same out of the funds of the city nor to prevent the said Mayor and City
Council from, charging a reasonable sum for the use of said sewer, either
by an annual charge or by a charge for the right of connection therewith
in perpetuity, all of which powers are hereby granted the said Mayor and
City Council; and provided further that the said Mayor and City Council
may exercise this right to repave, regrade, recurb, resewer and otherwise
improve only after the expiration of ten years from the time of the com-
pletion of the paving, grading, curbing, sewering or otherwise improving
of the said street, alley or lane which is to be repaved, regraded, recurbed
or resewered.

1922, ch. 96, sec. 78. 1927, ch 94, sec. 78.

78. Whenever the Mayor and City Council shall levy any sum of
money on the owners of property in said city for grading, paving, sewering
or otherwise improving the streets, lanes or alleys in said city, or any of
them, the sum so levied shall be a preferred lien on said property the same
as city taxes now are; provided said Mayor and City Council shall, within
ninety days after the completion of such grading, paving, sewering or