Early Springfield Ordinances
From Directory of the City of Springfield
John W. Kees & Co., Springfield. 1852
AN ORDINANCE
To regulate the improvement of the sidewalks in the city of Springfield.
Sec. 1. Be it ordained by the city council of the city of Springfield, That whenever the said council shall make an order requiring the sidewalk in front of any lot in said city, to be paved, graveled or curbed, the city marshal shall give a written or printed notification to the proprietor or proprietors of such lot, if resident in the said city, or to his, her or their resident agent, or tenant, that such order has been made; and in case the proprietor or proprietors of any such lot, shall not reside within the said city, and shall have no known resident agent or tenant, a notice to such proprietor or proprietors shall be published for three consecutive weeks in some newspaper printed in the said city, requiring him, her or them to pave, gravel or curb such sidewalk in the manner specified in such order so made by the council aforesaid.
Sec. 2. When notice shall have been given to the proprietor or proprietors of any lot, or part of a lot in the said city, to pave or curb, or both, the sidewalks in front of the same, according to the provisions of the first section of this ordinance, such pavement shall be laid, and curbing set, or either, according to such order, within two months after the time when such notice shall have been given,as aforesaid; and when notice shall have been given to such proprietor or proprietors, or agent, to gravel the sidewalk in front of his, her or their lot aforesaid, the same shall be done within one month from the time such notice shall have been given as aforesaid.
Sec. 3. Whenever the city council shall require any sidewalk to be paved, or curbed as hereinbefore provided, the same shall be done according to the grade established by the city engineer, under the authority of the city council, so that the outer edge of the sidewalk shall conform to the grade of the curbing, and so that the pavement shall not ascend from the curbstone toward the line of buildings more than three-fourths, nor less than one-half of an inch to the foot. And when the said council shall require a sidewalk to be graveled, the coating of gravel thereon, shall not be less than four inches thick, and the surface of the same shall conform to the grade of the street, and shall have the same ascent from the edge of the curbing, or from the line by which the curbing is intended to be set, as is required in case of the pavement of a sidewalk, as provided in this section; and in every case in which the city council shall require any sidewalk to be paved or graveled, under the provisions of this ordinance, the proprietor or proprietors of the ground, by whom the same is to be done, shall cause the sidewalk to be cut down, or filled up, as the case may require, to a proper grade for the reception of the pavement or gravel, so that such sidewalk when completed, will have its surface in conformity with the proper grade, and sloped as aforesaid.
Sec. 4. Whenever notice shall have been given to any proprietor or proprietors of any lot in the said city, by either the modes prescribed in this ordinance, to pave, gravel, or curb the sidewalk in front of the same, in the manner prescribed in the first section of this ordinance, and the time specified for the performance of the work by the second section of this ordinance shall have elapsed without the said work being done, the city marshal shall cause the same to be done at the expense of said city, and shall keep an accurate account of such expense, and return said amount to the mayor of the city; and the said mayor shall thereupon, if the said proprietor be a resident of said city, proceed to collect the same, with twenty per cent. penalty thereon, in an action of debt, to and for the use of said city; and in case the same cannot be so collected, and also in all cases of non-residence, the said mayor shall thereupon issue an order to the marshal directing him to proceed to collect the amount of the expenses so incurred by the said city, for such paving, graveling or curbing, and the twenty percent. on residents, as aforesaid, by the sale of such lot, or a sufficient portion thereof to pay the said expenses and the costs of sale. And the said marshal shall thereupon proceed to sell such lot, or a sufficient portion thereof, as aforesaid, if the said expenses and costs shall not have been paid previously to the day of sale; and in making such sale, he shall proceed in the same manner and under the same regulations, so far as the case will admit, as shall at the time be prescribed by the laws of this state, for the sale of lands for the non-payment of taxes; and the said marshal shall make out and execute a deed to the purchaser of such lot, or such portion as shall have been sold; and the proprietors thereof, or their heirs and assigns, shall have the same right of redemption of the same, as shall be prescribed by law at the time for the redemption of land sold for taxes as aforesaid.
Sec. 5. If any proprietor of a lot in said city shall pave or gravel in such manner that the same shall not conform to the grade, which shall have been established for such sidewalk, or if such proprietor shall, in any other respect violate the provisions of this ordinance, the marshal shall thereupon proceed to cause the said sidewalk to be altered, so that the same shall conform to the requirements of the third section of this ordinance, at the expense of said city, and shall make return thereof, and collect the amount of said expenses in the manner prescribed in the fourth section of this ordinance.
Sec. 6. The width of the sidewalks on South street, so far as the National road is, or may hereafter be graded, shall be twelve feet, measuring from the line of lots next the street outwardly toward the gutters, and the fall to be three-fourths of an inch to the foot, and that the edge of said sidewalks next the gutters, shall be curbed with stone of a thickness not less than four inches, permanently planted in the earth, so as not to be removed by caving: provided, that where a permanent building or buildings is or are built on the sidewalks, the width of such sidewalk in front of any such building shall be reduced in width to the same extent, so as that the gutter and curbing shall be upon a straight line with the gutter and curbing on either side of such building or buildings.
Sec. 7. The width of the sidewalks on Market street, and on Limestone street from Buck creek south to Jefferson street shall be eleven feet wide; and upon all other streets in said city of sixty feet wide and upwards, the sidewalks shall be ten feet wide — measuring from the line of lots next the street outwardly toward the gutters; and when any sidewalk in this city shall hereafter be curbed, the same shall be done with stone of a thickness of not less than four inches, permanently planted in the earth, so as not to be removed by caving.
Sec. 8. All ordinances or parts of ordinances of the president and council of the town of Springfield, coming within the purview of this ordinance, are hereby repealed.
This ordinance to take effect and be in force from and after the publication thereof.
JAMES M. HUNT
Mayor of the city of Springfield
SAMUEL PARSONS,
Recorder
Passed July 2, 1850.