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

and Z. no more shall be paid and recoverable
Sec. 26. All the proceedings taken BY
the said commissioner of public works In
carry ing out the provisions of this act
snail be recorded In q book or books kept,
commissioners, describing particularly the
respective improvements, all real estate
taken and assessed.
The said books IN which said proceedings
nave been entered aforesaid and the Off
public publ works shall be deemed public. rec
+ facts therein stated, and certified copies
Sthereof BY the said commissioner, with his
seal attached, shall be evidence in all the
We're produced. E
Sec. 81 It is hereby made the duty OF
the commissioners Of public works OF the
city annually to cause proposals to be pub
itshed In the official paper Of said city, in
the same manner and for the same length
Of time as in the case of other public i'm
aproVements, for the construction, repair
and relaying of such sidewalks as may be
ordered built, repaired or relaid by the
common council between the first day of
April and the first day of November Of
each year.
Provided, however, that the commissioner
OF pupllc works may, whenever in his opin-
merely, cause proposals for bids to be
punished in the official paper OF said city
N n the manner hereinbefore prescribed, and
ton, repair and relaying of wooden side.
walks, and also one or more contracts for
me construction repair and relaying of
composition or other permanent material.
General plans and specifications applicable
to an SIDEWALKS that may be ordered built
common council shall BE made and filed
With the commissioner OF public works at
least ten QO) days before the day named for
the receipt of said bids by the said COM
missioner OF public works, and said work
snail pc let and placed under contract. The
o. Tor the construction. repair and re-
laying of said sidewalks shall be accompa-
MED by bond to the city in the sum Of
t hye Thousand dollars ($5O00), executed by
the the p1dder and two gl responsible sureties,
cute contract to perform the work for
tne price mentioned in his bid according to
me plans and specifications in case CON
tract shall be awarded him, and in case Of
DEFAULT on his part to execute the contract
ana perform the work, said bond may be
s soid ana ana ludgment recovered thereon by
sara city for the full amount thereof as
!lquldated damages in any court having
jurisdiction of the amount; $
Provided, that the question of what CON
s ST the lowest reliable and responsible
sloner of public works independent and ex-
cluslve OF the bond required by this section.
struction Of such sidewalks copy of such
order shall be transmitted to the commits
S SIC r! Ct public works, whose duty it shall
pe, Witnout. any unnecessary delay, to
transmit said order to the person or per-
sons having the contract for the construc-
ton, repair OF relayng Of sidewalks for
the tlme being, who shall without any uni
necessary delay cause the Sidewalks so
ordered constructed, relaid or repaired by
the common council to be built, relaid or
Fhe a ah as the &c case may be- and it shall
10 days after having been notified by said
contractor of the construction, repair or re-
laying OF said sidewalks, to examine the
same, and If the said sidewalks shall be
found to be constructed, repaired or relaid
IN accordance with the contract therefor,
h to report the fact to the commissioner Of
public works. who shall cause an assess
ment to be made as hereinafter provided.
me said commissioners shall give ten QO)
Gays. notice by one q publication in the
at certain time and place he will proceed
to make an assessment for the construct
ing gs,l relayi:ng or repairing said sidewalks.
ton and nature of said improvements by
streets. The commissioner of public
works is authorized to make an as
as or such Of ms rela
frequently as once a month"; and may in
| clude in said assessment all sidewalks laid
and reported to him by the engineer up
to the time OF the giving of said notice for
said assessment. The said commissioner
shall assess the amounts, as nearly as he
can ascertain the same, which will be re-
quired to defray the costs of such improve
ments, including the necessary expense of
making and collecting such assessment
upon the real estate or lots of land front
ing on said Improvement. In making said
/ assessment the said expense and costs
shall be apportioned in accordance with the
number of 1ineal feet. of said real estate
or lots of land fronting on said improve
ments as aforesaid. When said assessment
IS completed the said commissioner shall
give ,six - days notice by. one publication
IN the official newspaper Of the city to the
| erect that at a time and place therein
specified said assessment will be confirmed
unless sufficient cause IS shown to the con-
r. {sloI
one ~ day before the time specified in said
notice. with the said commissioner. Such
objections shall be made and filed in the
same manner. and the said commissioner
shall proceed in hearing the same and shall
have the same power to revise,> correct
confirm or set aside such assassination to
| twenty (2O) of this act.
| SAID assessment when confirmed shall be
hnal and conclusive, and no appeal shall lie
therefrom. A warrant shall issue for the
collection thereof and said assessment shall
be, enforced and collected as other assess
ments made under this chapter.
build, repair or relay any sidewalk within
the time designated by the said commits
sioner, or In any other respect fail to com
ply with the terms of said contract the
said commissioner shall have power to
furnish and use men and material to com
plete the work and charge the expense to
Quoted from any money due or to become
due to such contractor, or may be collected
from him by suit by said city, or said
the completion Of the uncompleted part of
said contract under an order from the
council therefor, and let contract In the
the, original contract. The decision of the
said commissioner that said contractor has
/ failed to comply with the said contract
shall be final and conclusive as between
said commissioner and the city and the
defaulting contractor. and his bondsmen
shall be liable to the city for al damages
contract and all additional expense and
| cost of construction under the new CON
| tract IN case. said contractor shall pro-
coed to properly perform his said contract
| and all the provisions, clauses, matters
| and things therein contained the said com
missioner may, upon said contractor filing
with the city engineer an affidavit that ali
| an estimate is asked is fully paid for from
time to time. as the said work progresses.
grant to SAID contractor every thirty (3O)
earned, reserying, however, fifteen (10 per
| cent <therefrom Provided, however, that
! saia rieen % pei, cent be included in the
| final estimate allowed said contractor:
Provided further, that nothing in the fore
going section shall be. construed to prevent
any property owner, from constructing his
| and direction of the city engineer if said
| sidewalk shall have been constructed before
a sidewalk has been ordered in front of
| the property by the common council
After it has been ordered the property
! owner shall have no authority whatever in
| the premises to construct said sidewalk.
| but the same shall be built by the city as
| provided by law.
! Sec. %. Whenever any order shall be
| finally passed by the common council Of the
city. rs hereinbefore provided for filling.
grading, leyeling paving. curling, walling,
bridging, grave!ling, macadamizins or PLANK
| ing any street. levee,. lane, alley or high
way, or for keeping the same in repair, or
for filling, grading protecting, improving
or Ornarnenting any public S0uare nr FOR
constructing area walls, cutters, sewers
and private drains. or the setting of curbs
! IN any public street, lane or highway. or
Ior rs hhnatnga nu an draining swarnbs,