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Power of council.
257. Section 1.
The council shall have supervision and control of all
public highways, bridges, streets, avenues, alleys, sidewalks and public
grounds within the city and may improve the same by grading,
graveling, curbing, paving, repaying, constructing sidewalks or otherwise
and shall have authority to lay out, open, widen, extend, straighten,
alter, close, vacate, abolish or change the name of any highway, street or
alley in the city whenever it shall deem the same a public improvement.
Expense
of improvement.
258. Section 2.
The expense of grading, graveling, curbing, paving, or
otherwise improving any street, lane or alley in the city and the expense
of laying out, opening, widening, extending or straightening any highway,
street or alley in the city, may be paid by special assessment upon the
property adjacent to or benefited by such improvement in the manner in
this charter provided for levying and collecting special assessments; or
in the discretion of the council, a portion of such costs and expenses may
be paid by special assessments as aforesaid and the balance by the city,
subject to the limitations in this charter contained.
Vacation
of streets.
259. Section 3.
When the council shall deem it advisable to vacate,
discontinue or abolish any street, alley or public ground, or any part
thereof, it shall, by resolution, so declare and in the same resolution
shall appoint a tune, not less than four (4) weeks hereafter, when they
shall meet and hear objections thereto. Notice of such meeting, with a
copy of said resolution, shall be published twice, not less than one week
before. the time appointed for such meeting, in a newspaper published and
circulating in the city.
Street grades.
260. Section 4.
The council shall have authority to determine and
establish the grades of all streets, avenues, alleys and sidewalks within
the city, and to require improvements and buildings adjacent to or
abutting upon such streets, alleys, or sidewalks to be made and
constructed in conformity with such grade and upon such line as shall be
prescribed by the council; and the council may change or alter the grade
of any street, alley or sidewalk or any part thereof, whenever in its
opinion the public convenience will be promoted thereby. Whenever a grade
be established or altered, a record and diagram thereof shall be made in
the book of street records in the office of the department of engineering
and building.
Special assessment
prohibited for expenses incurred in changing street grade.
261. Section 5.
Whenever any street, alley or sidewalk shall have been
graded or pavement shall have been constructed in conformity to grades
established by authority of the city, and the expense thereof shall have
been assessed upon lots or lands bounded by or abutting upon such street,
alley or sidewalk, the owner or owners of such lots or lands shall not be
subject to any special assessment occasioned by any subsequent change of
grade in such pavement, alley or sidewalk, unless such change be asked for
by a majority of the owners of such lots or lands; but the expense of all
improvements occasioned by such change of grade shall be chargeable and
paid by the city.
Compensation of abutting property owners for
changes in street grades.
262. Section 6.
Whenever the grade of any street or sidewalk shall have
been heretofore, or shall hereafter be established and improvements shall
thereafter be made by the owner or occupant of the adjacent property in
conformity to such grade, such grade shall not be changed without
compensation to the owner for all damages to such property resulting
therefrom to be ascertained in the manner in this charter provided for the
condemnation of private property for public use.
Sidewalks.
263. Section 7.
Sidewalks, except crosswalks, shall be built, rebuilt,
maintained and repaired by the owners of lands within the city in the
manner and within the time prescribed by ordinance; provided that, in case
of the failure of any such owner to comply with the provisions of such
ordinance, the city may build or cause to be built, such sidewalk and
assess against such owner the cost thereof, together with an additional
ten (10) per centum of such cost as a penalty for the violation of such
ordinance.
Partition fences.
264. Section 8.
The council is authorized to enact all such ordinances
and by-laws as it may deem proper relative to the building, rebuilding,
maintaining and repairing of partition fences by the owners and occupants
of adjoining lots, enclosures and parcels of land in said city; and
relative to the assigning to the owners or occupants of such adjoining
pieces of land the portion of such partition fences to be maintained by
them respectively; and may provide for the recording of such assignments
and divisions when made, and may provide for the recovery of damages from
any owner or occupant who shall fail to comply with the provisions and
requirements of any ordinance relative to such partition fences. And the
council may appoint fence viewers, and prescribe their duties and mode of
proceeding in all cases relative to partition fences in said city.
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