4826 ARTICLE 22.

via or oil thereon, and curbing; and for regrading, remaking, repaving,
reconcreting, remacadamizing, with or without tarvia or oil thereon, and
recurbing of any street, highway, lane or alley or part thereof, in Hagers-
town without the passage of a special ordinance in the particular case,
whenever the owners of a majority of the front feet of property abutting
or binding on such street, highway, lane or alley, or part thereof, shall
apply for the same to the Mayor and Council upon terms and under con-
ditions, with such materials to be prescribed in said general ordinance,
and for the assessment in any such case of the costs of such work and the
materials used, in whole or in part pro rata upon all the property binding
or abutting upon such street, highway or alley, or part thereof, and for the
collection of such assessment as other City taxes are collected.

1916, ch. 55, sec. 3.

444. The Mayor and Council shall have power, and are hereby vested
with said power, to provide by special or general ordinance, that before
beginning the work of grading, paving, macadamizing, concreting and

curbing of any street, highway, lane or alley, or part thereof, or regrading,
repaving, remacadamizing, reconcreting and recurbing of any street, high-

way, lane or alley, or part thereof, as provided in Sections 442 and 443
of this Article, that the Board of Street Commissioners of Hagerstown
shall give public notice in one or more newspapers published in said City
for not less than ten days and by placards put up along said street, high-
way, lane or alley, setting forth that thirty days after the date of said
notice the work of making and improving said street, highway, lane or
alley as set forth in said ordinance will begin; that all corporations inter-
ested in the laying sewer, gas or water mains in said street, highway, lane
or alley, and all owners of any lot or lots abutting or binding thereon,
desiring to lay sewer, gas or water service pipes therein, connecting the
same to said mains for their respective lot or lots, shall do so within the
said period of thirty days as aforesaid, and that after said street, highway,
lane or alley has been completed no such corporation, person or persons
shall dig up or disturb the bed of such street, highway, lane or alley for a
period of five years from its completion, except in case of a break in such
mains or service pipe, or other unavoidable emergency, and with the con-
sent of the Mayor and Council; and for any breach or violation of the pro-
visions herein set forth, the offender shall be subject to a fine or imprison-
ment, or both, as shall be provided by said ordinance.

1916, ch. 55, sec. 4.

445. The said Mayor and Council are hereby vested with power and
authority to also provide in said general or special ordinance requiring
every railroad company occupying any of the streets and highways of the
City of Hagerstown with its tracks, whenever the Mayor and Council
shall proceed to exercise the powers vested in them by Sections 442 and
443 of this Article, to grade, make and pave, and to regrade, remake and
repave, the space between its rails and two feet on the outside thereof.