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218.. _. . ~~ ORDINANCE N0. 2_ 1~ AN ORDINANCE AMENDING ORDINANCE NO. 78, PASSED AND APPROVED ON THE l.l1TH DAY of MARCH, 1939. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS= SECTION I. Require Sidewalks to be built. Section I of Ordinance No. 78 be amended to read as follower ~~That the owner or ovmers of any real property abutting upon any of the streets of the City of West Memphis, be, and they are hereby required to build, construct, rebul.ld, maintain and repair sidewalks along their property as may from time to time be determined by the City Council, to be necessary for the public welfare, health, safety and comfort of the Citizens of the City of West Memphis and such construction, rebuilding or repair to be made in accordance with plans and specification as herein provided. The City Council shall from time to time declare by formal order what streets shall have sidewalks built thereon and~`~shall order the same constructed as herein provided. ,.Any owner shall be given sixty days in which to complete con- struction, repair, rebuilding, or improvement of any sidewalk as directed by resolution or order of the City Council. The word CITY as used in this ordinance shall mean the City of West Memphis, Arkansas. SECTION II. Failure to rebuild re it or rove sidewal.ls~e. That Section II of said Ordinance No. 78 be and it is hereby amended to read as follower uIf the owner of any such property shall fail or refuse to comply t with the provisions hereof in the manner and within the time herein pres- ~ cribed, the City may contract with some suitable person for the construc- tion, reconstruction, or repair of said sidewalks on the best terms that can be made, and in the manner to be prescribed herein after giving reason- able notice to such owner or the agent in charge of said property of an intention to do so, and that said City may pay said person for so construct- ing, reconstructing or repairing the same, and that the amount so paid by said City together with six (6) per centum penalty added thereto, shall constitute a charge against the owner of said property; and shall be alien on said property from the date of the commencement of said works said charge and lien to be assignable by the said City, said charges to be re- covered in an ordinary suit against the owner by said City or its assignee, or said lien to be foreclosed by said City or its assignee by suit in equity in the courts having jurisdiction of suits for the enforcement of liens upon real property for the condemnation and sale of said property for the payment of the sums so paid by said City together with the inter- est~ penalty and cost of suit, said suits in equity to be brought in the manner and under the terms now provided by law for the foreclosure of property by improvement districts so far as applicable, provided however the City shall have the option to accept the actual costs of Instruction without penalty or interest if paid within sixty days from date of comple- tion of said work.a SECTION III. Section III shall be amended to read as follows Mr. You are hereby notified. that unless you constructs reconstruct or repair, (as the case may be) a didewalk in front of (here describe property) within aixty days from the service of this notice, in accordance with Ordinance No. 78 as amended passed on the 1!4 day of March 1939, the same will be constructed by us under a contract with some suitable persons and the cost thereof together with six percentum added thereto and six percentum interest and cost, shall constitute a charge against you and shall be assessed as a lien on the property herein described from the date of the commnencement of said work, which charge and lien will be assigned to the person or persons doing said work, or to other persons if so desired by the City, said charge to be recovered and said lien to be foreclosed in appropriate suits against you as provided in said ordi- nance; provided that the City is authorized to accept the actual cost of said work without penalty or interest if the same be paid within sixty days after the completion of said work.n City Engineer By SECTION IV. Emergency Clause. ~- .. It being determined that there are many streets in West Memphis without sidewalks and this Ordinance being necessary for the healthy wel- fare and comfort of the Citizens of West Memphis it shall be in full force and effect from and after its passage and approval. Passed and approved this 3rd day of Junes 1952. ATTEST= ity