lutions, and ordinances required, including notice of assessment, the cost of construction; preparing bonds; interest on bonds, when bonds have been issued in anticipation of the collection of the assessment; and any other expense necessary for the completion of such improvement.

fixed.

Sec. 6. Before the passage of the final reso- Grade of lution or ordinance to make any improvement on sidewalk and any street, avenue, alley, or sidewalk the cost curb; how of which or any part thereof, is to be assessed to the abutting property, if the grade of such street, avenue, alley, or sidewalk has not already been established, or if said improvement necessitates a change of grade, the mayor and aldermen shall by ordinance fix and establish the grade of such street, avenue, alley or sidewalk about to be improved, and also the grade of the curb on each side thereof.

bids.

contract.

Sec. 7. That if the mayor and aldermen shall finally order the making of the proposed improve- Notice for ment, or improvements, notice shall be given asking for bids for such work, which notice shall be given in such manner and for such time as may be prescribed by the mayor and aldermen, and the said municipal authorities may, if a satisfactory bid be received, let the contract to make May let such improvement, or improvements, and if no satisfactory bid is received the mayor and aldermen may advertise for other bids, or may let the contract to as satisfactory bidder without further advertisement, or the city or town may itself construct improvement, or furnish labor or material for the same; and the said municipal authorities may by order impose further conditions upon bidders with regards to bonds and surety for the faithful completion of such work, according to contract, or for any other purpose mentioned in the specifications.

Sec. 8. That all work done or improvements City engimade under the provisions of this act shall be neer to have done under the supervision of the city engineer of work. supervision or other superintendent appointed for that purpose by the mayor and aldermen of such city or

Power and authority to assesss cost against abutting property.

town. In case of any controversy or dispute the mayor and aldermen shall be invested with sole and exclusive power to determine whether any improvement constructed under the provisions of this act has been completed in accordance with the terms of the contract therefor, and to accept or reject such work on the part of the municipality.

Sec. 9. That if said improvement be finally ordered and constructed, the mayor and alder men shall have power and authority, after completion and acceptance thereof, to assess the cost of constructing said improvement or any part thereof, upon and against the property abutting on any street, avenue, alley, highway, or other public place so improved, or drained by such sewer or sewers to the extent of the increased value of such property by reason of the special benefits derived from such improvements; when said improvement consists of a sanitary or storm water sewer or sewers, or a sanitary or storm water sewer system, the cost, or any part there of, may be assessed against all the lots or parcels of land lying within the district drained, but the assessment shall not exceed the increased value of such property by reason of the special benefits derived from the improvement. Where a street, avenue or other highway intersections are im proved, the cost of improving the intersection, or any part thereof, may be assessed against the lots or parcels of land abutting on said street, ave nue, alley, or other highway so intersecting, for a half block in each direction. Provided, however, in case of sidewalk improvements, includ ing curbing, the cost or any part thereof, of the improvement of the street or avenue corner may be assessed against the lots abutting on or nearest said improvement, and the entire cost or any part thereof, of the improvement at the intersection of any alley with a street or avenue, or other highway, may be assessed in fair proportion against the respective lots or parcels of land abutting or cornering on the alley at such inter

section; provided, however, that in no case shall the assessment against any lot or parcel of land be greater than the increased value of such lot or parcel of land by reason of the special benefits to be derived from such improvement. Provided, that should there be a street, electric or other railroad track, or tracks, or any street or highway improved, or re-improved, under this act, the cost of such improvement, except storm water and sanitary sewers, between the tracks and the rails of the tracks, and in case there are two or more tracks, the space between such tracks, and eighteen inches on each side of the tracks, including switches and turnouts shall be paid by the owner of the railroad, and shall be assessed against and form a lien on said railroad, and the property connected therewith, and in the event a storm water sewer be constructed which drains streets or avenues or rights of way on which be a street, electric, or other railroad whether the same be a continued or separate system there shall be assessed against such railroad a fair and just proportion of the cost of construction of such sewer to be determined by the mayor and aldermen, and such assessesment shall be a lien like other assessments and may be collected in like manner; provided further that the mayor and aldermen may require the owners of such street railroad, or other railroad, to prepare or reconstruct its tracks for the receipts of such paving or other improvements in a manner satisfactory to the mayor and aldermen.

completed

Sec. 10. That when any improvement made when imunder the provisions of this act is completed, the provements mayor shall cause to be prepared a roll or list Mayor has showing the names of the property owners and list showing opposite each name a description of each lot or names, etc., of property parcel of land proposed to be assessed for such owners preimprovement belonging to such owner, or own-pared. ers, and the amount proposed to be assessed against each lot or parcel of land such list shall be entered in a well bound book, prepared for that purpose, and shall contain appropriate col

Book delivered to City Clerk; notice given by him;

what must contain.

umns in which payments may be credited, and the lien of the assessment satisfied by the proper officer of the municipality; said book shall be known as the "Assessment Book for Local Improvements," and shall be a public record no error or mistake in regard to the name of the own er shall be held to invalidate any assessment, and it shall be sufficient if the name of the last owner as shown by the record in the office of the probate judge of the county is shown in said book. After the completion of the proper entries of each improvement said book shall be delivered to the city or town clerk, who shall thereupon give notice by publication one time in some newspaper published in said municipality or of general circulation therein, that said assessment roll or list has been delivered to him, and is open for inspection in the office of the person authorized to make collection of said assessments, and at a time and place therein named (not less than twenty days from the date of publication), the mayor and aldermen will meet to hear and determine any objections or defense that may be filed to such assessment or the amount thereof. Said notice shall also state the general charac ter of the improvement, the terminal points thereof, and the streets, avenues, alleys or other highways, or portions thereof, along which the improvement has been constructed, and if the improvement made consist of a sanitary or storm water sewer or sanitary or storm water sewer system, said notice shall also describe the territory or area drained by said sewer or sewers, by naming the streets, avenues, alleys or other highways, or other lines, by which said district is bounded. If there be a defect in said notice, or proceedings, before or subsequent to said notice, with respect to one or more interested persons, the same shall not affect such notice or proceedings, except in so far as it may touch the interest or property of such person, or persons, and shall not avail any other person concerned therein. In case of such defect, supplementary proceedings

of the same general character as those hereinbefore prescribed may be had in order to supply such defect.

assessment.

Mayor and

Sec. 11. That the owners of any real estate or Owners may any interest therein, which it is proposed to as- file protests to proposed sess for the cost, or any part thereof, of said improvement, may appear at any time on or before the date named in said notice or at said meeting and file in writing with the city clerk or in his office, any objections or defense to the proposed assessment against said property, or to the amount thereof, and persons who do not file objections in writing, or protests against such assessment, shall be held to have consented to the same. The mayor and aldermen shall hear and pass upon all objections and protest against the Aldermen to proposed assessment, under such reasonable hear and derules and regulations as they may adopt, and the termine same. mayor and aldermen, by the mayor or other executive officer, shall have authority to issue subpoenas for witnesses to appear before the mayor and aldermen, or any committee thereof, and to administer oaths to the witnesses to be examined and at such meeting, or any adjourned meeting shall proceed by order or resolution to fix the amount of the assessment against each lot or tract of land described and included in said assessment roll, and all such assessments, from the date of such order or resolution shall be and constitute a lien on the respective lots or parcels of land upon which they are levied, superior to all other liens, except those of the State and county for taxes. The mayor and aldermen of Mayor and such city or town shall have power and author- Aldermen ity to transfer and assign such liens to the con- have power tractor or contractors, who made said improve- to transfer ment, or to any other person. In addition to the method hereinafter provided for the collection of such assessments, the chancery court, or other court of like jurisdiction, shall have power to enforce said liens, and in all suits which may be brought to enforce said liens, either by the mayor and aldermen or its assigns, the complainant

such liens.