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| | When, in the opinion of the board, it shall become necessary, in the prosecution of any work, to make alterations or modifications in the specifications or plans of a contract, such alteration or modification shall be made only by order of the board, and such order shall be of no effect until the price to be paid for the same shall be agreed upon in writing, and signed by the contractor, and approved by the board. | | When, in the opinion of the board, it shall become necessary, in the prosecution of any work, to make alterations or modifications in the specifications or plans of a contract, such alteration or modification shall be made only by order of the board, and such order shall be of no effect until the price to be paid for the same shall be agreed upon in writing, and signed by the contractor, and approved by the board. |
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| − | ==Public ways.==
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| − | ===Section 65.===
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| − | Public ways, as used in this act, shall mean all public streets, alleys, sidewalks, roads, lanes, avenues, highways and thoroughfares. Improvements, as applied to public ways, shall mean all work and material used upon them in the construction and reconstruction thereof, and shall be made and done as prescribed herein.
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| − | ===Section 66.===
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| − | When the improvement is the original construction of any street, road, lane, alley or avenue such improvement shall be made in part at the cost of the owners of lots in each square, two-thirds of the cost to be equally appropriated by the board of public works according to the number of front feet owned by them respectively, except that corner lots (say thirty feet front and extending back as may be prescribed by ordinance), shall pay twenty-five per cent more than others for such improvements; ''Provided'', That in those streets where railroad tracks are laid, or may hereafter be laid, said roads shall be required to pave between their rails and for one foot on each side of the same, in which event only the cost of paving the remainder of street shall be apportioned as provided above.
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| − | ===Section 67.===
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| − | A lien shall exist for the cost of original improvement of public ways, for the construction and reconstruction of sidewalks, for the apportionment and interest thereon, at the rate of six per cent, per annum, against the respective lots. Payments may be enforced against the property bound therefor by proceedings in court; and no error in the proceedings of the council shall exempt from payment after the work has been done as required by either the ordinance or the contract, but the council or the courts in which suits are pending, shall make all corrections, rules and orders, to do justice to all parties concerned; and in no event, if such improvements be made as is provided for either by ordinance or contract, shall the city be liable for such improvement, without the right to enforce it against the property receiving the benefit thereof; but no ordinance for any original improvement mentioned in this act shall pass the council at the same meeting, and at least thirty days shall elapse between the first reading and the passage of any such ordinance.
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| − | ===Section 68.===
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| − | The cost of making sidewalks, including curbing, whether by original construction, or reconstruction, shall be apportioned to the front foot, as owned by the parties respectively fronting said improvements, except that each corner lot shall pay the cost of its sidewalk intersections.
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| − | ===Section 69.===
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| − | The board of public works may, in its discretion, upon a petition of a majority of the property owners on the part of the public way proposed to be improved, grant them permission to improve said public way, under the supervision of, and within such time as may be fixed by the board of public works. No street paving or street improvement (except sidewalks and curbing and repairs of same) shall be enforced under this act sooner than 1897, at the cost of any property holders unless sixty per cent of the resident owners of abutting frontage petition for same.
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| − | ===Section 70.===
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| − | When improvements in public ways have been made, and the contract therefor completed, the board of public works shall, by one insertion in a newspaper published in the city, and by posting notices along such improved way, give notice of at least ten days of the time and place fixed for the inspection and reception of the work by the board, or its deputy or deputies, and such owners, their agents and representatives may appear, and be heard as to whether such improvements have been made in accordance with the ordinance authorizing the same, and the contract therefor.
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| − | ===Section 71.===
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| − | In all actions to enforce liens, a copy of ordinance authorizing the improvement of work, a copy of the contract therefor, and a copy of the apportionment, each attested by the comptroller shall be ''prima facie'' evidence of the due passage, approval, and publication of the ordinance, and of due approval of the contract. In such actions the court shall provide in its order confirming any report of sale that the defendants, or either of them, or any one claiming through or under them, or either of them, or any creditors of theirs, or either of them, may within two years from the date of such order confirming a report of sale, redeem the land sold by paying to the purchaser the purchase price, with the interest thereon from the day of sale, at ten per cent, per annum and all the taxes and assessments on or against such land, paid by such purchaser with interest thereon at the rate of ten per cent, per annum, from the date of such payments; and in event there be no redemption within the time allowed, the order of confirmation shall be final, and a deed shall be executed to the purchaser or his assignee; ''Provided'', ''however'', That the purchaser of land so sold shall cause notice to be served on the owner that he or they have become the purchaser of said land, if owner is a resident of the city, and if a non-resident then the notice shall be published in a newspaper published in the city and a copy mailed to said non-resident's last known address, and the two years in which redemption may be made shall not begin to run until the serving or publication of said notice.
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| − | ===Section 72.===
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| − | The board of public works shall make out all apportionment warrants for which liens are given for improvement of public ways, as may be required by ordinance, and within two days thereafter, shall enter the same upon a register kept in alphabetical order for that purpose. When the holder of said warrant shall have obtained payment, he shall notify the board of public works, and it shall be marked upon the register as paid. The lien shall exist from the date of the apportionment warrant; but a lien shall not be valid against a purchaser for valuable consideration without notice, unless said lien shall be so entered and registered within ten days of the apportionment warrant.
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| | ==Parks and squares.== | | ==Parks and squares.== |
