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SECTION 1. The City Council shall have power to open and lay out public grounds or squares, parks, streets, alleys, and highways, and to alter, widen, contract, straighten and discontinue the same; but no street, alley or highway, or any part thereof, shall be discontinued or contracted without the consent, in writing, of the owners of three-fourths of the land or lots adjoining said street, alley or highway. They shall cause all streets, alleys and highways, or public squares or parks or grounds, laid out by there, to be surveyed, described and recorded in a book to be kept by the Clerk, showing, accurately and particularly, the proposed improvements and the real estate required to be taken; and the same, when opened and made, shall be public highways and grounds.
SECTION 2. Whenever any street, alley or highway, park or public ground, is proposed to be laid out, opened, altered, widened or straightened, by virtue hereof, and the amount of compensation cannot be agreed upon, the City Council shall give notice of their intention to appropriate and take the land necessary for the same, to the owner thereof, by publishing said notice for ten (10) days in the corporation newspaper, or by posting the same in the manner to be provided by ordinance; at the expiration of which time they shall choose, by ballot, three (3) disinterested freeholders, residing in the City, as commissioners to ascertain and assess the damages and recompense due the owners of said real estate respectively. A majority of all the Aldermen authorized by law to be elected shall be necessary to a choice of such commissioners.
SECTION 3. The commissioners shall be sworn faithfully and impartially to execute their duties to the best of their abilities, before entering upon their duties. They shall have at least five (5) days’ notice to all persons interested, of the time and place of their meeting, for the purpose of viewing the premises and making their assessments which notice shall be given personally, if the owners are residents and known, or by publication, if non-residents or unknown. They shall view the premises and in their discretion receive any legal evidence, and may, if necessary, adjourn from day to day.
SECTION 4. If there should be any building standing, in whole or in part, upon the land to be taken, the commissioners, before proceeding to make their assessments, shall first estimate and determine the whole value of such building to the owner, aside from the value of the lands and the actual injury to him, in having such building taken from him, and secondly, the value of such building to him to remove.
SECTION 5. At least five (5) days’ notice shall be given to the owner, when known and a resident of the City, which may be given personally, or in writing, left at his usual place of abode. If a non-resident, or unknown, like notice to all persons interested shall be given by publication. Such notice shall specify the buildings and the award of the commissioners and shall be signed by them. It shall also require the persons interested to appear by a day to be named therein, or give notice of their election to the City Council either to accept the award of the commissioners, and allow such building to be taken, with the land condemned or appropriated, or if their intention to receive such building at the value set thereon by the commissioners to remove. If the owner shall agree to remove such building, he shall have such reasonable time for that purpose as the City Council may direct.
SECTION 6. If the owner refuses to take the building at its appraised value to remove, or fails to give notice of his intention as aforesaid, within the time prescribed, the City Council shall have power to direct the sale of such building at public auction, for cash or on credit, giving five (5) days’ public notice of the sale. The proceeds of the sale shall be paid to the owner, or deposited to his use.
SECTION 7. The commissioners shall thereupon proceed to make their assessment, and determine and appraise to the owner the value of the estate appropriated, and the injury arising from the condemnation thereof, which shall be awarded to such owner as damages. In the estimate of damages to the land, the commissioners shall include the value of the buildings, if the property of the owner of the land, as estimated by them, as aforesaid, less the proceeds of the sale thereof, or if taken by the owner, at the value to remove, in that case they shall only include the difference between such value and the whole estimated value of such building.
SECTION 9. The Clerk shall give ten (10) days’ notice, by publication, that such assessment has been returned, and, on a day to be specified therein, will be confirmed by the City Council, unless objections to the same are made by some persons interested. Objections shall be heard before the City Council, and the hearing may be adjourned from day to day. The Council shall have power, in their discretion, to confirm or annul the assessment, or refer the sane back to the commissioners, if annulled, all the proceedings shall be void. If confirmed, an order of confirmation shall be entered. If referred back to the sane or other commissioners, they shall proceed to make their assessments and return the same, in like manner, and give like notice, as herein required in relation to the first; and all persons in interest shall have the like notice and rights, and the City Council shall perform like duties and have like powers, in relation to any subsequent determination, as are herein given in relation to the first.
SECTION 11. The land required to be taken for the making, opening, widening, straightening or altering any street, alley or other highway, or public ground or square, shall not be appropriated until the damages awarded therefor to any owner thereof, under this act, shall be paid or tendered to such owner or his agent, or in case such owner or his agent cannot be found within the City, deposited to his or their credit, in some safe place of deposit, other than the hands of treasurer; and then, and not before, such lands may be taken and appropriated for the purposes required in making such improvements; and such streets, alleys or other highways, or public grounds may be made and opened.
SECTION 12. When the whole of any lot or parcel of land or other premises, under lease or other contract, shall be taken for any of the purposes aforesaid, by virtue of this act, all the covenants, contracts and engagements between landlord and tenant, or any other contracting parties, touching the same or any part thereof, shall, upon the confirmation of the report of the commissioners, respectively cease, and be absolutely discharged.
SECTION 13. When part only of any lot, parcel of land or other premises so under lease or contract, shall be taken for any of the purposes aforesaid, by virtue of this act, all the covenants, contracts, agreements and engagements respecting the same, upon the confirmation of the report of the commissioners, shall be absolutely discharged, as to that part thereof so taken, but shall remain valid as to the residue thereof, and the rents, considerations, and payment received, payable and to be paid for, in respect to the same, shall be so proportioned, as that the part thereof justly and equitably payable for such residue thereof, and no more, shall be paid or recoverable in any respect of the same.
SECTION 14. Any person interested may appeal from any order of the City Council for opening, altering, widening or straightening any street, alley or other highway or public ground, to the Circuit Court of Lake County, by notice, in writing, to the Mayor, at any time before the expiration of twenty (20) days after the passage of said final order. In case of appeal the City Council shall make return within thirty (30) days after notice thereof, and the court shall, at the next term after return filed in the office of the Clerk thereof, hear and determine such appeals and confirm or annul the proceedings, from which judgment no appeal or writ of error shall lie. Upon trial of an appeal, all questions involved in said proceedings, including the amount of damages, shall be opened to investigation by affidavit or oral testimony adduced to the court, or upon application of the city or any party, the amount of damages may be assessed by a jury of said court, without formal pleading, and judgment rendered accordingly; and the burden of proof shall, in all cases be upon the City, to show that the proceedings are in conformity with this act.
SECTION 15. The City Council may, by ordinance, make any changes they may deem advisable in the proceedings herein prescribed, for ascertaining the damages and injury occasioned to any person or real estates by reason of the condemnation of such real estate, or any real estate upon which any buildings may be situated, in whole or in part, in all such other respects as experience may suggest.
SECTION 16. When any known owner, or other person having an interest in any real estate, residing in the City or elsewhere, shall be an infant, and any proceedings shall be had under this act, the judge of the Circuit Court of the County of Lake, or the county judge of said court, or any judge of the Supreme Court, may upon the application of such infant or his next friend, appoint a guardian for such infant, taking security from such guardian, by bond to the county court, for the faithful execution of such trust; and all notices and summons required by this act shall be served on such guardian.
Second–To cause cross and sidewalks, main drains and sewers and provide drains to be constructed and laid, relaid, cleansed and repaired and regulate the same.
SECTION 19. For the purpose of establishing a system of sewerage and drainage the City Council shall have power, in their discretion, but may provide for the same otherwise, to cause the City to be laid off into districts, to be drained by principal and lateral or tributary sewers and drains constructed through the streets of the City, having reference to a general plan of drainage by sewers and drains for the whole City, and number and record the same.
SECTION 20. In all cases where expenses may be incurred in the removal of any nuisance, the City Council may cause the same to be assessed against the real estate chargeable therewith, in the sane manner prescribed in the foregoing sections. Such expenses may be likewise collected of the owner or occupant of such premises, in a suit for money expended to his or their use. And in case the same should not be chargeable to any real estate, suit may in like manner be brought for such expense against the author of such nuisance, if known, or any person whose duty it may be to remove or abate the same.
SECTION 21. The City Council shall have the power to compel the owners of lots or ground fronting or adjoining any private or public alley, to keep the same clean, and if necessary, to direct the same to be paved, planked or otherwise, and the costs thereof to be assessed and collected in the same manner as sidewalk assessments.