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

4 the same. the commissioner of public works
shall, upon notice thereof from the city
treasurer, and without further order or
new order from the common council, pro-
4 coed without unnecessary delay to assess
ana reassess the same upon the property
benefited or which will be benefited thereby
until sufficient amount is realized to pay
Tor the same. If too great an amount shall
i at any time be raised. the excess shall be
4 refunded ratably to those by whom 1t was
| paid II the council shall so order; 1t being
4 the true intent and meaning of this net to
assess ana reassess upon the real estate
4 Denented to the extent Of such benefit for
] any deficiency over and above the -sta as
sessment which said Improvement may
Sec. &c. In all cases where the treasurer
SHAH be unable to enforce the collection of
any special assessment by reason OF irreg-
subsequent to the confirmation of any as
ses ss the said commissioner shall be
autnorlzed aud empowered to cause new
| warrant to issue to the treasurer TOR the
cOllectlOn OF any assessment which by rea-
son OF such irregularity or omission re-
mains unpaid or unsolicited. The treasurer
snail proceed under such new warrant to
| enforce and collect the assessments therein
| specified in the same manner as near as
may pc as Is prescribed by the provisions
I OF this act for the enforcement and collec-
ton OF special assessments after the same
shall have been confirmed as in this act
provided, and as often anv failure shall
omission a new warrant may isue and
new ne proceedings be had in like manner I'M
| til such special assessments shall be fully
| collected as to each and every parcel of land
| charged herewith. d
Sec. g. In all cases where the work for
any improvement contemplated by the pro-
visions of this act shall be suspended before
/ final completion by the failure Of the con-
tractor to perform the same, or for any 9th
! said commissioner to relet the diminished
portion of such work i'll the same manner
as near as may be as provided in this act
! for the letting of contracts for public sim-
provements of the same nature and in
every case of such new contract the work
! shall be paid for in the same manner as
! contracts for other like improvements.
The. real property benefited may be as
sessed and reassessed therefor. and it
any part Of the additional expense shall
be recovered by the city from the de-
faulting contractor or his bondsmen, the
same shall be refunded ratably'to the prop
erty assessed.
to construct street and other public i'm
provements upon or through their own
property at their own expense in such
cases and upon such terms and under such
regulations as the common council may
prescribe from time to time by ordnance
Sec. SO. If the commissioner of M -
! WORKS or the common council in carving
| out the provisions of this act shoald find
unforeseen obstacles in grading, excavat-
ing; ,illllng, paving, or, in any case OF i'm
proving. opening or widening streets, leyees,
I alleys or public highways or in constructing
sewers not provided for the common cou1l
| Gil may by resolution order such cnange or
! mOdlhcatlon in such improvement to meet
| such unforeseen obstacles as the said coun-
Gil may deem equitable and just. upon the
Recommendation of the commissioner of
| public works or on their own motion, either
| before or after the confirmation OF any as
sessment. Or before or after the letting or
making of any contract to do the same, or
| at any time while the work is in progress,
| by two-thirds 90 vote Of all the mem
6ers OF the common council leach body vot-
ing separately where the council consists
| OF more than one body.
And any additional expense occasioned
! by such change or modification of the i'm
| provement may be ncluued in the original
| assessment or raised ny an additional as
sessment upon the property benefited by
| such improvement to the extent of such
| benefits:
| Provided, however, that no such work
shall be done until ordered by the common
Provided, further, that in all contracts
be anticipated" as far as possible by the
commissioner of public works Gauss
ing schedule to be. made classifying
the various kinds of work and material and
fixing the price to be paid by the city for
| such work or material as may become nee
essary but cannot be foreseen, which said
! schedule shall be approved by the commits
sloner OF public works and a copy thereof
shall be signed by the bidder and attached
to his bid. and the same shall be attached
to and made, part of the. contract, but
no additional expense shall be incurred
other than may be absolutely necessary to
overcome such unforeseen obstacles.
The said commissioner of public works
| shall have power to correct any error,
omission or mistake in an assessment,
to the time Judgment may be obtained
thereon, either as to the amount or owner
or description, SO as to conform to the
and if by reason of such error. omission
| or mistake the assessment shall be reduced
below the amount necessary to nay lie
the, commissioner of public works shall
| make new assessment upon the property
benefited to make up the deficiency, to-
gether with the costs and exDenses of such
new assessment; provided further, that five
| % days notice of the time and Mace of
making such correction shall be given by
! Of the city. unless the owners of the real
estate affected be present or consents there
Said correction shall be entered Of record
and copy thereof filed with the city
treasurer; provided, further, that if the
expense required to, overcome such
the work if such unforeseen obsta-
cles had not occurred, then the COM
mon council shall. have power by a two
scind the contract SO far as uncompleted
part Of the work is concerned and may in
of the members elect after such rescission
order, the work to be relet as other work is
| let under this act, and the original contract
or in each case shall be entitled to pc paid
| ratably according to the contract nrice, as
nearly as the same can be ascertained, and
! no more -. 49,
Sec. TO- When any notice is required to
| be published in any newspaper under this
| act, an affidavit of the publisher or printer
Of such newspaper or of the foreman or
! clerk of such publisher or printer annexed
| to printed cOnv of such notice taken from
the paper in which it was published and
specifying the time when and the paper in
| which such notice was published shall be
! evidence in all cases and in every court
or judicial proceeding of the facts con-
/ tanned in such affidavit.
| Sec. Il. After judgment shall have been
ordered to be entered against any lot or
real estate for the non-payment of assess
ments the same shall not be opened or set
! aside except by mistake made by the COM
| confirming the assessment, or by the court
in ordering Judgment to be entered, or in
have been ordered and in such case the
| Judgment shall be opened only on applica-
ton made by the city treasurer: Ten QO)
days notice by one ~ publication in the
official paper of the clty, describing the
improvement for which the assessment is
| made and the mistake for which it is de-
stating the time when such application will
| be had shall be first given, and such notice
shall be deemed sufficient notice to all per-
| sons interested in such application. If upon
| such application it shall be found that any
| mistake has been made materially affecting
the rights of the parties, it shall be the
duty of the court to open such Judgment
| and order the mistake corrected so as to
| conform to the facts.
| Sec. y. If in the opinion of the commits
! sloner OF public works any work under any
as to insure its completion within the time
named in his contract, the said commits
sioner shall have power to furnish and use
and charge the expense thereof to the CON