When three-fourths of the Council shall deem it necessary that an old sidewalk be replaced or reconstructed, it shall order the same to be done and the Street Superintendent or other agent of the city shall give notice in the manner and form as provided in § 95.41, to replace or reconstruct the same within 30 days from and after such notice; provided, however, that if three-fifths of the resident owners of property, subject to the assessment of such sidewalk improvements, shall petition the Council to make the same, the Council shall have no discretion in the matter, but shall order the improvements to be made as by the statutes of the state provided, without delay.
(Prior Code, § 95.42)