CHAPTER 105

NEWARK

AN ACT TO AMEND AN ACT ENTITLED "AN ACT CHANGING THE NAME OF THE 'TOWN OF NEWARK' TO THE 'CITY OF NEWARK' AND ESTABLISHING A CHARTER THEREFOR" BY CHANGING THE PROVISIONS FOR PAVING OF SIDEWALKS.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each House concurring therein):

Section 1. Section 53 of Chapter 152 of Volume 48, Laws of Delaware, is amended by striking out all of said section and by inserting in lieu thereof a new section 53 as follows :

Section 53. PAVING OF SIDEWALKS :--Whenever the Council shall determine that public convenience or necessity requires the paving of sidewalks or walkways abutting, lying along side of, or forming a part of any public street, it shall notify the City Engineer, who shall cause said sidewalks or walkways to be paved with such materials as may be required. The cost of said paving shall be assessed by the Council against the owners of the land on which said sidewalks are situate or against the owners of the land abutting said sidewalks as the case may be, said assessment being based on the number of lineal feet, each lineal foot being assessed alike. In determining the cost of said paving, any cost involved in bringing the land up to grade or reducing it to grade shall be borne by the City and shall not be charged against the property owners, provided, however, that in bringing property up to grade or reducing it to grade for the purpose of paving, the City shall be under no responsibility or liability to the property owners for changes in drainage which may be caused by said change in grading. After the said assessment has been approved by Council, the Treasurer of the City of Newark shall present to said owners of such lands a bill showing the expense of said paving, and the amount of said bill shall be a lien and shall be entered as a lien in the municipal lien docket and shall have the same priority and be collectible in the same manner as municipal property taxes.

The City Engineer may upon the application of any property owner grant him permission to pave the sidewalk or walkway on or abutting his property, providing, however, that any such paving must comply with the standards of material, workmanship, and time of commencement and/or completion prescribed for paving done by the City of Newark.

Nothing herein shall authorize assessment against the rights-of-way or road beds of railroad corporations, exempted by Title 9, Section 8108, Delaware Code, for the construction of sidewalks abutting said exempted rights-of-ways or roadbeds.

Approved May 16, 1955.