of such city of the second class shall be cumulative to the powers now granted by any other law to them or either of them.

This section is a new section amending Acts 1917, p. 573.

See sections 8728a to 8728z, inclusive.

Section 2 of the above act amends the title of Acts 1917, p. 573, to include second class cities.

Section 3 of the above act repeals all laws and parts of laws in conflict.

SEC.

14. LEVEES AND WATER COURSES.

8729. Levee, water course, drain,

8729.

change, construction.

Levee, water course, drain, change, construction.

This section is covered by the title of the act; and the roadbed of a railway company may be assessed for the construction of a levee under the authority of a city. Marion etc. Traction Co. v. Simmons, 180 Ind. 289, 102 N. E. 132.

Under this section a circuit court erred in sustaining city's motion to refer the appeals of parties assessed in a drainage proceeding to three disinterested reviewers, and in overruling the appellant's motions to submit the appeals to the court and to strike out the report of the reviewers. Haynes Automobile Co. v. City of Kokomo, 186 Ind. 9, 114 N. E. 758.

The word "property," as used in this section, was held to mean real property as distinguished from personalty. Haynes Automobile Co. v. City of Kokomo, 186 Ind. 9, 114 N. E. 758.

The provision for notice contained in this section is for notice by publication and not personal notice. Temperly v. City of Indianapolis, Ind. 127

N. E. 149.

City special assessments made under provision of this section can not be collaterally attacked unless complaint shows judgment void. Temperly v. City of Indianapolis, Ind., 127 N. E. 149.

This section providing for making city assessment of lands outside city is not un.constitutional. Temperly v. City of Indianapolis, Ind. 127 N. E. 149.

SEC.

15. SPRINKLING AND SWEEPING.

8743. Cost of sprinkling and sweeping.

8743. Cost of sprinkling and sweeping.

Street car companies can not be required by a city to sprinkle the space between their tracks. City of South Bend v. Chicago etc. R. Co., 179 Ind. 455, 101 N. E. 628.

8745. Lamp posts-Contracts and cost.

This section does not authorize the assessment for anything except lamp posts, and does not include the extension of a distributing system of conduits and cables. Wilt v. Bueter, 186 Ind. 98, 111 N. E. 926, 115 N. E. 49.

Under this section, an extension of a city's lighting system by conduits and cables can not be made at the expense of abutting property owners. Wilt v. Bueter, 186 Ind. 98, 111 N. E. 926, 115 N. E. 49.

[Acts 1915, p. 584. In force March 10, 1915.]

8745a. Street lighting, petition by property owners.-1. That whenever the owner or owners of at least seventy-five (75) per cent. of the real estate in any city block or blocks, fronting or abutting upon any public street or streets, avenues, boulevards or highways, which are paved and provided with side walks, and where at least fifty (50) per cent. of the lots or parcels of land in such city block or blocks are occupied by buildings used either for business or for residence purposes in any city, shall sign and file with the board of public works, if there be one, and if not, then with the common council, their petition requesting that said board of public works or common council, as the case may be, construct, erect, install, operate a system of street lights and posts along the street curb, in front of the city block or blocks designated and described in said petition, Provided, that the cost of constructing, erecting and installing of said lights and posts shall not exceed twenty (20) per cent. of the assessed value for taxation of any lot, lots or parcels of land in said city block or blocks, and abutting upon said street or streets, avenues, boulevards or highways; the posts of such lighting system to be not closer than seventy-five (75) feet nor farther apart than one hundred and twenty-five (125) feet, but no system now constructed shall be changed on account of distance; said board of public works or common council, as the case may be, may,

1st. Cause to be prepared and placed on file in the office of the board of public works, if there be one, if not, then in the office of the city engineer, a complete set of drawings, plans and specifications of such proposed system of lights and posts, and the same shall be open for the inspection of the public, and all prospective bidders for the construction of the same.

2nd. Cause to be published for two (2) consecutive weeks, once each week, in a newspaper of general circulation, published in such city, a notice informing the public and contractors of the nature of the work, and of the fact that drawings, plans and specifications are on file in said office, and calling for sealed proposals for the furnishing of lamps, lamp posts, conduits, wire, and all other material necessary thereto and for the construction, erection and installing of said lights or system of lights, in accordance with said plans and specifications, to

be filed not less than ten (10) days after the first of said publications, and in every way comply with the manner and form in which bids for public work are filed in cities.

Such board of public works or common council, as the case may be, if a satisfactory bid be received, shall let such contract to the lowest and best bidder.

3rd. All street lamps or system of lights constructed, erected or installed, in accordance with this act, upon any street, avenue, boulevard or highway, shall be of uniform height and style, and shall be installed under the supervision of a city inspector, electrician or engineer, if there be one, and if not, then under the general supervision of some competent person to be designated by the board of public works or common council, as the case be, who shall make and file his bond for such sum and in such manner as said board of public works or common council shall direct for the faithful performance of his duties, and, at the completion of said work, file with said board of public works or common council, his verified report that the same is complete and complies in all respects with the drawings, plans and specifications, whereupon, if said report is found to be correct, the board of public works or common council, as the case may be, shall accept the same in behalf of the city: Provided, however, That the provisions of this act shall not apply to any city in which a public utility is now operating under an indeterminate permit: and, Provided, further That this act shall not apply to cities of the first class. Provided that the part of section 4 of this act requiring bids for the furnishing of electric current or energy, material or substance for the operating of such system and the maintenance of the same shall not apply to any cities owning, maintaining or operating its own municipal plant and that in said case said city may furnish said current, energy, material or substance without advertising for bids, to be paid for and assessed as above provided.

The sum per light per annum specified in any such bid, if such bid be accepted by the municipality, shall be prima facie fair and reasonable, but such sum and any and all rates, tolls or charges made for electric current supplied to any municipality by any public utility under the provisions of this act shall always be subject to investigation and revision by the public service commission of Indiana in the same manner and to the same extent as other rates, tolls and charges for electric current supplied by a public utility may be investigated and revised by the provisions of the Shively-Spencer utility commission act of Indiana.

8745b. Costs to be assessed, lien.-2. When any contract shall have been made and entered into for the construction, erection and

installation of any system of lights in accordance with the provisions of this act, the board of public works or common council, as the case may be, shall cause the cost thereof, except posts at street intersections, the cost of which shall be paid by the city, to be assessed equally against each front foot of property abutting upon such street or streets, avenues, boulevards or highway, and situated in the block or blocks in front of which such lighting system is located, and the amount so assessed against each lot, lots or parcels of land, shall become, and is hereby made a lien upon the same, to be collected in the same manner as other special assessments are collected unless otherwise provided in this act.

8745c. Assessments, when payable.-3. The cost of constructing, erecting and installing of such lighting system shall become due and payable from the owner or owners of any lot, lots, or parcel of land assessed by reason of the construction, erection and installing of said lighting system thirty (30) days after it has been accepted by the city, or such owner or owners of any lot, lots or parcel of land, may pay the same in two equal, annual installments, upon such terms and conditions as the board of public works or the common council, as the case may be, may direct, the first (1) installment, however, to become due and payable at the next tax-paying period thereafter, and the second (2) installment one (1) year thereafter, interest at the rate of six (6) per cent. per annum, shall be charged and collected upon the same, beginning thirty (30) days after the acceptance of said lighting system.

8745d. Contract for electric current, bids.-4. Whenever in any city in which there is not operated a municipally-owned lighting plant, a petition is filed as provided in section 1 hereof, the board of public works or common council, as the case may be, may cause a complete set of drawings, plans and specifications of such proposed system of ornamental lights and posts to be prepared and placed on file as provided in section 1 hereof, and shall advertise for bids for the furnishing of electric current or energy for such system or systems for a period of from five to fifteen years inclusive; said bids to be for all such system or systems of lights in operation or existing at the time of the filing of such bids and for all such systems of lighting that may be installed under the provisions of this section during the time specified in said bids according to said plans and specifications. Said advertising to be in manner and form as provided in section 1 of this act. Such board of public works or common council, as the case may be, if a satisfactory bid be received shall let such contract to the lowest and best bidder. The persons or companies entering into such contract for the furnishing of said current or en

ergy and the lighting of such streets with ornamental lights shall install at its expense the system of lights and posts provided for in said plans, drawings and specifications in the manner therein and in section 1 hereof provided. In the event that under any such contract current or energy is to be furnished to any system or systems of posts and lights not owned by the persons or company entering into such contract, such person or company at its expense shall maintain during such contract period the system of lights and posts under the supervision of such board or common council, as the case may be, and in such instance the plans and specifications adopted by the board or common council shall provide for such maintenance.

8745e. City's share of expense.-5. When any contract shall have been entered into for the operating and maintaining of such lighting system or systems, or whenever a city owning a municipal lighting plant is furnishing current and energy for any ornamental lighting system in such city, the city shall thereafter from its general fund or from a fund set aside for street lighting purposes, pay not less than 35 per cent. of the cost of operating and maintaining such lighting system, the exact percentage to be so paid, to be fixed by the board of public works or the common council, as the case may be, and the percentage so paid by the city shall be the same in all parts of the city, and shall not be changed during the life of any such contract.

The remaining cost of operating and maintaining the same shall be equally assessed per front foot against each lot, lots or parcels of land, in the block or blocks, in front of which such lighting system or systems are located and abutting upon the street or streets, avenues, boulevards or highways, in or upon which lighting system is located, and the amount so assessed against each lot, lots or parcels of land, shall become, and is hereby made a lien thereon, to be collected at the same time and in the same manner as general taxes are collected.

8745f. Expiration of contract, new bids.-6. Six months before the expiration of any contract for operating and maintaining of any such lighting system or systems entered into in accordance with the provisions of this act, the board of public works or the common council, as the case may be, shall again adverstise for bids and enter into a new contract for the same in manner and form as provided for in section four (4) of this act.

8745g. Pending litigation.-7. This act shall not affect pending litigation.

8745h. Act cumulative.-8. This act shall not repeal any existing law but shall be deemed to be cumulative.