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

upon the petition or application Of the
owners of majority OF the property to
De r; assessed ed, fossuch improvement
+ OF said improvement, as required by law, ii
syon report In favor Of the same.
slxth-send the council a proper order
directing the work to be done.
FORM NUMBER TWO.
II T.. is hereby, ordered by the common
council OF the city Of 5-----: ...3s pie
Of said city of - cause the follow
Ing Improvements to be made. to-wit:.
+--- That said commissioner shall
+ provided by law, when one-half (13) of the
estimated cost is paid into the city treas
n .,,s,, W this Is required; and after said
commissioner shall proceed without delay
4 to assess the amount, as nearly as he can
ascertain the same, which will be required
expenses OF such Improvement upon the
real estate to be benefited by said Inn
provement, 1as provided by law, it being
the opinion Of the council that the real es-.
tate to be assessed for such improvement
can be found benefited to the extent of
the damages, costs and expenses necessary
to be incurred thereby
Sec 20. In the assessment OF. damages
and benefits for the opening Of any street
or alley it shall be lawful for the commits
sioner of public works, in his discretion,
be any building in whole or in part upon
the land to be taken as aforesaid, to con
slider the propriety of letting said building
remain upon such land taken as aforesaid
ior such time after the condemnation
ne may deem for. the best interest of the
city, and If he shall determine to let the
building remain on said land for any given
period then he shall determine the value
of. the use of said land to the owner of
said building for the time said building
may be permitted to remain, which sum,
the damages awarded for said building.
Sec IT, Before any contract for the
doing Of any work or labor or furnishing
any skill or material to or for any city
against said city the contractor shall en-
ter into a bond with said city, for the use
OF the city and also for the use of all per-
sons who may. perform any work or labor
or furnish any skill or material in the exc
cution of such contract, conditioned to pay
as the same may become due all just
claims for work and labor performed, and
all skill and material furnished in the ex-
ecution of such contract. aud to comply
with all the provisions of this act, which
pond snail be in an amount not less than
the performances of such contract, and
shall be duly signed and acknowledged by
such contractor and two (2 or more good
and ous sufficient sureties. and after being ap-
proved as hereinafter provided, shall be
filed in the office of the city comptroller.
Sec. II. The sureties on such bond shall
each take and subscribe an oath that he
is a resident Of the State Of Minnesota;
that he is seized in fee of real estate stu
ate in said state, and not exempt by law
from sale on execution of the value and
worth. over and above all membranes
thereon of the sum for which he is to justi-
fy on said bond. More than two sureties
may be accepted, on such bond, and they
may justify in separate and different sums
less than the sum specified in such bond !;
provided. that the aggregate of their justi-
tication shall be equal to two sureties, each
justifying in sum equal to the amount
of their bond
Sec. IS. 1t shall be the duty Of the legal
adviser of the city to see that such bond
shall be fully and properly executed and
conform c5 in all respects to the provisions of
upon said bond his approval of the form
thereof. Such bond and the sureties there
on shall thereafter be approved by an in
dorsement on said bond by the mayor and
legal adviser of the city, but said mayor
and legal adviser shall not approve any
such bond unless said legal advisers ap-
proval of the form thereof be indorsed
thereon, nor unless the sureties on such
bond appear personally before said mayor
and legal adviser, and are by them eX-
amined touching their fitness and. ability
to become sureties on such bond; and it
shall be the duty of the mayor and legal
adviser to reject any person, notwithstand-
ing his justification to the bond. if they
or either of them shall deem such person
of insufficient ability or otherwise to be-
come surety on such bond.
Sec. 70. Whoever shall perform or cause
to be performed any work or labor, or fur
nlsh or cause to be furnished any skill or
material Including any work, labor, skill
or material necessary in the repair Of any
tool Or machine, also including any tool
or machine Or material furnished particu-
larly for such contract and used thereon),
in the execution Of such contract at the
request of; the contractor, his agent, heirs,
administrators or assigns, or at the request
of any subcontractor, his agents, heirs,
Of the commissioner of public works of said
city, in case said commissioner shall have
determined such contract and shall have
completed the same, as herein provided
said bond. and may bring an action thereon
in his own name for the reasonable value
or agreed price las the case may be- of the
work and labor performed, or skill or ma;
also be considered party in interest in
said bond, and may bring an action thereon
wherever any contract shall become ended
or Void and the commissioner of public
works shall have completed the same,
either by the employment of labor or ma
terial, as herein provided, or by reletting
the contract for the whole work, or for the
Sec so: Before any contractor, bis agent,
heirs, administrators or assigns shall re-
ceive any estimate on any contract herein
provided for, he, his heirs, administrators
executors or assigns shall make and file
with the city comptroller an affidavit that
all claims for all work and labor to date
and for which an estimate is asked have
Sec. 81. No contract with any city for
the doing of any public work shall be as
signed or transferred in any manner. and
any assignment or transfer, except by
operation of law, of any such contract
shall fully end and determine such contract,
and shall make the same null and void as
to any further performance thereof by the
contractor or his assigns. without any act
on the part of the said city, and the COM
missioner of public works of said city
shall at once proceed to relet such con-
oo{ Il ~osrcs, IT..
discretion, proceed to complete the same
at the expense of such contractor and his
bondsmen
Sec. 50. No assignment, transfer. aban-
dOnment or surrender either voluntary
or otherwise, of any contract with the city
for the doing of any work or labor or the
furnishing of any skill or material, nor any
change in any such contract. nor any eX-
tension Of the time in which to complete
any such contract. shall operate to release
the SuretieS on the bond in this act pro-
vided for. and no such assignment, trans
fer, abandonment. surrender, change or ex-
tension of time shall be pleaded as de-
Tense to any action upon such bond in this
state
Sec. 50. The commissioners Of public
works of the city may. whenever in his
judgment one Cd Or more of the sureties
on such bond become insolvent. or for any
cause are no longer fit or sufficient sure
ties require any such contractor to file
new or additional bond within ten (1O)
days after notice to that effect; and there
upon all work on such contract shall cease
until such additional bond shall be filed
with the city comptroller Of said city. And
if any such contractor shall fail, after ten
90 days notice to that effect to file a
new or additional bond, as aforesaid, his
contract shall by that fact alone become
fully ended and void as to any and all
further performances thereof by such CON
tractor, and thereupon said commissioner
of public works shall proceed to relet such
contract, or SUCH commissioner may, in his
discretion, proceed to complete the same
at the expense of such contractor or his
bondsmen
Sec. 81. If any such contract shall, for
any reason, become ended or void, and the