New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1895-05-22

ordinance OF by virtue Of any yaIii confract
he chaTgeable upon any RAILWAY company.
the amount 60 Ichargeable may be assessed
upon such railway company and the bal
ance only upon the real estate benefited
thereby, and the city may ceIIect the
Amount 30 assessed upon said railway COM
pahy BY distress and sale of personal prop
erty in the manner provided for By the
general laws of this state in the case of
taxes levied upon personal property, or by
suit brought to enforce the collection of
Provided, however, that any real estate
belonging to such railway company and
subject to assessment and deemed benefited
by the said improvement shall be assessed
as in other eases.
The provisions OF this section shall apply
to street railway as we'll as other railway
sec. 80. Before proceeding to make an
assessment for any improvement men
toned In section twenty Weight s(2S1, said
commissioners shall give six 60 days
paper Of the city of the time and place
when he will attend for the purpose OF
ma 4, such assessment. in which notice
to be for and the amount to be assessed.
The said commissioner shall also give at
least four q days personal notice to the
same erect to all property holders interest.
ed or their agents resident in the city, II
known to said commissioner and found.
but the failure to give such. personal notice
shall in nowise affect the validity OF said as s.
sessment or any Of the proceedings. All
persons interested in any such assessment
shall have the right to be present and be
heard, either in person or by COUNSEL. ana
the said commissioners may in HIS discre-
adjourn the hearing II necessary from
time to time and place to place.
Inc personal notice required by this sec
ton may be made by depositing in the post
erty owners to be assessed or their agents
resluent in the city ut least four. % days
prior to the making of an assessment, upon
which card shall be either printed or writ
ten substantially the notice above specified
but the failure to give such personal notice
shall in nowise affect the validity OF said
Sec. 81. When the ' said efoe Commissioner
81. rave completed the assessment pro-
vided for in the preceding section he shall
cause like notice to be given. Of the time
jections and for the confirmation Of such
assessment, as hereinbefore required in
relation to assessments for the condem r
made in like manner and under the same
regulations and conditions, and all parties
in interest shall have like rights except
the right Of appeal, and the said commits
sioner shall perform like duties and have
like power in relation to such assessments
ments for the condemnation of real estate.
as are herein given in relation 70 assess
said assessment shall be final and conclua,,
i've upon all parties interested therein, and
shall be collected as in other. cases, and no
appeal yea: shall lie in any case from the order
IT any assessment be annulled or set
aside the said commissioner shall proceed
de noyo to make another or new assess
ment in like manner and give like notice as
herein required in relation to the first.
Sec. 81. Whenever. any public improve
ment shall be ordered for which AN assess.
ment is to be made as aforesaid, the said
commissioner shall cause proposals for do
ing said work to be advertised in the Oil
cial paper Of the city, plan or profile OF
the work to be done, accompanied with
being first. deposited with the said commits
si6ner, to be kept by him at all times open
for the public inspection, which advertise.
ment shall be published for at least ten QO)
times in said official paper and Shall state
substantially the work to be done
The bids for the doing Of such work shall
be sealed bids directed to the commissioner
of public works and shall be sealed in such
manner that they cannot be opened without
detection, and shall be accompanied by a
bond to the city in sum not less than
twenty cog per cent OF the contract work
according to the price bid as nearly as can
be ascertained executed by the bidder and
two l2) responsible suretes, conditioned
that he shall execute the work TOR the
price mentioned in his bid according to>the
plans and specifications IN case the con
tract shall be awarded to him; and in case
of default on his part to execute the con
tract. and perform the work, said bond
llley Ue Sueu anu Judgment recovered Cnere
en- by the city for the full amount thereof
rs liquidated damages in any court having
jurisdiction of the amount. --.. l.
SAID bids Shall be opened by said commits
siOner at the time specified in said notice
Inviting proposals. after the time limited
for receiving such proposals. or at such
ether time thereafter as said commissioner
may appoint.
And it is hereby made the duty Of the
commissioner, in case Of the default of any
contractor to complete his contract with
the city within the time limited in said con
tract to cause suit to be commenced forth
with upon the bond executed and delivered
to the city in accordance with the provi
sions Of this section: and it is made the
bids for contract work made by any person
or persons who shall have defau1ted in any
contract awarded by said commissioner ex
cept as to time, or who shall have refused
to enter into a contract after the same
shall have been awarded to him or them
Provided, that in lieu Of the bond in this
SECTION provided for the bidder may deposi
with said bid a duly, certified check upor
any, Of the banks of the city payable to the
said commissioner for the use Of said city
SUCH check shall be for ten t1O per cent
OF the amount bid; as near as can be ascer
tanned. All checks shall he returned te
the person depositing the same after the
bids are opened. except that OF. the success
fni bidder; which shall be retained as 6
with the city for the performance Of the
work ordered to be done.
The said check SO retained shall be re
turned to the successful bidder as soon as
the doing Of said work.
Sec. 81. All contracts shall be awarded
to the lowest reliable and responsible bid
above requisition, and who shall have
guaranteed to the satisfaction of the sale
commissioner the performance of the sale
work to his satisfaction, except in The
case Of patent pavement or. payements
When in such case the notice for bids ma.
call for wood, stone or other kind Of pave
ment, and when all proposals therefor arr
one which Is relatively the lowest and mos
satisfactory, all things considered, and thu
decision of the commissioner therein shall
be final. -
If the pavement selected is patented, tn,
said commissioner shall require a licens'
from the patentee to lay and relay tn,
same l, FOR all time thereafter. free from al
claims for royalty. Whereupon a contrac
shall be, made on the part Of saiu commits
sioner, in the name of the city, and shall
be executed on the part of the city by sal,
commissioner, and the seal Of said commits
sioner shall be thereto attached, and tn,
said contract shall be countersigned bv tn,
city comptroller. Said contract shall b.
filed IN the office of the city comptroller;
sioner may reject any bid which he shall
deem unreasonable and unreliable, and tn
sald commissioner lin determining the relia
bllity of bid shall consider the ques
,Ioii u JIG Responsibility VI me btHftnf, ant
his ability to perform his contract, withou
any reference to the financial responsibility,
OF the suretfes on the bond:
Provided, further, that no contract shall
pc awarded except with the approval o
the common council by two-thirds (2s
vote Of the members thereof elect
Sec. ~. The said commissioner shall re
serve the right in said contract in cas-
OF improper construction, to suspend tn
WORK at any time and relet the same, or t
order the entire reconstruction of the sam
| if improperly Done
In cases where the contractor or cor
tractors shall proceed to properly perforr
ana complete the said contracts, the sal
commissioner of public works may fror
time to time mot oftener than once
month, except as to final estimates, whic
may be given and allowed at any tim
after the allowance of the preceding est
nateD as the work progresses, grant t