FRANK BROWN, ESQUIRE, GOVERNOR.

103

extended, widened, straightened or re-located and to enact

all ordinances from time to time necessary or proper to

the exercise of the powers granted in this section, provided,

Proviso.

that before they shall proceed to execute any of the powers

vested in them by this section, at least thirty days' notice

shall be given of any application which may be made for

the passage of any such ordinance by advertisement in at

least two newspapers printed in said city ; and by a personal

notice in writing served twenty days before, upon each

property holder to be affected by the passage of the pro-

posed ordinance, giving notice of the time and place named

for the passing of said ordinance, provided said parties are

residents of Alleghany County, and provided further, that

upon the return of any assessment of damages or benefits or

both, made under any ordinance passed under this section

the clerk of said city shall cause a copy thereof to be pub-

lished once a week for four successive weeks in two news-

papers printed in said city ; and provided further, that

whenever said mayor and city council open, lay out, extend,

widen, straighten or re-locate any street or alley, or any

part or parts thereof, they shall establish the grade thereof,

and such grade, when so established, shall be indicated

upon a plat, and a description thereof shall be recorded in

like manner as the plats of sewers and water mains herein-

before provided for, and in their judgment proper so to do,

the mayor and city council shall have the said streets or

alleys graded, and provided further that the publications to

be made under this section in two ueAvspapers shall always

be made in newspapers of opposite political faith.

68. The mayor and city council may, whenever in their

judgment the public interests or convenience require it,

May grade,

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

pave and
sewer

paved, sewered or otherwise improved, and levy the expenses'

streets, &c.

thereof on the property binding on such street or alley,

agreeably to the extent of such lots thereon, and collect the

expense thereof as directed in the next succeeding section,

provided, that in estimating 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 as-

sessed with any part of the costs of such improvements,

uuless such property of said railroad shall be used for other

purposes than a track simply, in which case said property

shall be estimated and changed in the same manner as the

property of other parties bordering on such streets or alleys.

And the mayor and city council shall provide by ordinance

for the giving of notice by publication or by service of