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All applications for the laying out, opening or altering of any street within the corporate limits shall be by petition in writing, signed by the owner or owners of a majority of the lineal feet along the proposed street. The petition shall state fully the terminating and the starting points of the proposed street and set forth the name or names of all persons owning land fronting on the street. When an alteration is to be made, the petition shall set forth, in addition to the above, the changes that are to be made.
(Ord. 232, passed 5-19-1941)
Upon the filing of the above petition, the Recorder shall notify personally, or by registered mail, each and every landowner fronting on the street to be opened or altered of the pendency of the petition and of the time and place of hearing on the petition. The Council shall hear any person or persons on the petitions. If no appearance is made, or if reasonable cause is not shown why the street should not be opened, the Council shall appoint three disinterested persons to act as viewers of the proposed street and alterations. The viewers shall meet within ten days after their appointment and shall finish their work within a reasonable time thereafter.
(Ord. 232, passed 5-19-1941)
(A) It shall be the duty of the viewers to view the proposed street or alterations, to estimate the cost of putting the street in fit condition for public use, ascertain the value of the land necessary to be taken, decide as to the advisability of opening or altering the street, taking into consideration the benefit and damage, convenience and inconvenience of all persons interested.
(B) It shall also be their duty to definitely locate all boundaries of the street to be laid out or altered and they may hire a competent surveyor to aid them in determining the boundaries.
(C) The viewers shall immediately, on finishing their work, file with the Recorder a written report of their work, setting forth all matters enumerated above in this section, the number of days they worked and the cost, if any, of hiring a surveyor and any other matters that they may deem advisable.
(D) Each viewer shall receive the sum of $2 for every day that he or she has worked, which sum shall be paid out of the City Treasury.
(Ord. 232, passed 5-19-1941)
If, after filing of the viewers’ report, the Council shall decide to open or alter the street, any person whose land would be taken may present, in writing, a claim including the value of the land and any other damage that would arise from the appropriation thereof. If the Council rejects the claim or if no claim is presented, the Council shall meet or correspond by mail with the owner to arrange the price to be paid. If no agreement can be reached or if the whereabouts of the owner is not known, then condemnation proceedings as provided by law shall be instituted.
(Ord. 232, passed 5-19-1941)
CONSTRUCTION, REPAIR OR RENEWAL OF SIDEWALKS AND CROSSWALKS
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