The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-19


Sec. Il Each said city is hereby authorized
to provide. establish, equip and maintain, anC
cause to be operated urder the supervision OF
the street commissioner of such city, mllnc-
pal quarries for the purpose Of providing
stone, rock and macadam for municipal i'm
pruverneIfts and uses and suitable works. APP
paPatus and other facilities for the manufac-
ture, construction and laying Of macadam,
phalt, or other kinds OF street pavements and
sidewalks, as the city. council of such city
may determine.
Whenever any material is furnished by OF
OBTAINED rom any such municipal quarries,
works, apparatus or other facilities, and EN-
ployed in the construction Of making any pub
no improvements provided for in this act the
cost or which ls TO be assessed upon property
benefited thereby, the street commissioner OF
such city shall Immediately upon the conn
pletfon OF said Improvement certify the cost
Of such material 50 furnished and employed in
the making of said Improvement and all
WORK IN connection herewith 70 the city eoun-
Gil of such city, and such certificate shall be
placed on file with the city recorder for the
! inspection OF all parties interested; the
amount so certified Shall be deemed a part OF
the cost OF the improvement SO TO be. assessed,
levied and collected in the same manner as
though said work had been performed and
said material delivered by contract, as here
Sec. 10. Whenever the board Of health shall
report to the city council Of any such city that
stagnant or impure water stands upon any
lot, lots parcels of land within such city,
public health said council shall Immediately
proceed to investigate the same, and if they
shall determine that nuisance does exist by
reason Of any stagnant impure water
standing upon any lot lots parcel of land,
and the same is injurious to public health,
they shall instruct the city engineer to pre-
pare and recommend a plan and specifications
for the abatement of said nuisance, together
with an estimate of the expense, which shall
be submitted to said council and filed with
the recorder, the same as for other public
improvements designated in this act and if
said council deems that sufficient real estate
can be found benefited to the extent Of the
damages, costs and expenses necessary to be
incurred thereby, such council shall order the
doing of said work in the manner hereinbefore
had in relation thereto by said council and
other city officers as in case Of other local i'm
provenrents provided for in this act, and the
erty benefited as hereinafter provided.
Sec. H., If the city council OF any such
city, in carrying out any of the provis
in grading excayatfng, filling. paving or abat-
drains not provided for such CITY council
may by. resolution order such ehange or modii-
fereseen obstacles, as the said council may
deem equitable and just, upon the recomrne1l-
dation OF the clty's engineer in charge Of
letting or making Of any contract to do the
progress by an Affirmative vote of tVyo-tbirds
C2-3) of all the members Of such council; and
any additional expense oecaSiOned by such
change, addition or Modification OF the i'm
pFovennent may be included in the assessment
prevenpant but no additional exDensa shall be
incurred other than may be necessary to over
come such unforeseen obstacle; provided, that
u aee expense REQUIRED 70 overcome such IN
cost which would be incurred in tbe work Il
such unforeseen obstacle had not occurred
then the city council of such city shall have
power by resolution in writing, adopted by
an Affirmative vote Of wO-thirds C2-S) Of all
the members of such council. to reseind the
contract therefor SO far the uncompleted
part CT the work is concerned, and may, in
their discretion, after such RECESSION, order
the work to be relet as other work is let
under this act and the original contractor
for the portion of the work done by
him. ratably. according to contract price.
6l
oertained, and no more. No resolution adopted
by virtue Of the provisions contained in this
section shall require the consent or action o.
the mayor Of such city, but shall be In full
doree and eject when adopted by the city
Sec; 10 Ii, in the opinion Of the city coun-
Gil, and its engineer in charge, any work
by this act, does not proceed each month 50
as to insure, its completion within the time
in charge of such work shall have power
when authorized by resolution Of such city
rails to complete the work. and charge the
expense thereof to the contractor, and the
hlm or TO become due such contractor, or may
De collected from him in suit by said city.
Improvement contemplated by the provisions OF
this act, shall be suspended before final compile
ten, or the contractor shall abandon his work
uhdef MS said contract or shall fail to perform
the same for any cause, or if at any time the
work or any part thereof is unnecessarily de
1ayed, or the contractor is violating any of the
conditions of his contract or executing any OF
the same in bad faith, then at the option OF
Such city, and by affirmative vote of q ma
| Jerity Of all the members of such council the
contractor may be excluded from further con
troll and superintendent Of the work reo11iraf
by his said contract, and such city may ther
assume such control and superintendenee anc
proceed to complete the work or Improvement
either by authorizing the city engineer il
charge to procure and furnish all necessary
labor and material and complete the same bJ
Gay work, or as the city council may deter.
mine, relet the unfinished portion of such work
or improvement in the same manner as nearl1
as may be, as provided in this act for the let
ting OF contracts IN the, first instant for sucI
improvements, and in every case Of such new
contract the work shall be carried to compile
ton and shall be paid for in the same manner
as contracts for other like improvements, anc
any and all damages and increased costs of the
work to the city, including both labor and ma
terlal, will be a charge against the origina'
contractor and shall be deducted from any
moneys remaining unpaid him or to become due
such contractor, and the balance. if any, may
be collected by said city from him and his sure
ties as provided by law.
Sec. Ii. Any contractor or person who &C
cepls contract authorized by this act, under
any such city, shall take the same with the
condition that he shall be personally and di-
rectly responsible for any and all loss, damage
or injury which may arise or in any way di
rectly or indirectly, be suffered by said city BY
reason OF any occurrence while the work is
going on, and before acceptance thereof by such
city, caused by any negligence or misconduct
on his part or on the part of his servants on
employees in doing the same, and every suct
contractor shall guard all such work by suit
able guards by day and with lights at nieht.
SO as to prevent any loss damage or accident
sec. IL. Before any contract whatever for the
doing of any work furnishing any skill o.
material, contemplated in this act, to any such
city for the making of any Improvement heTeir
authorized shall be valid for any purpose the
contractor therefor shall execute a bond 10
such city. with two more sufficient suretfes-
to be approved by the mayor of such city, in
such amount the council of such city may
direct not less than the contract price agreed
TO be paid for the performance of such con-
tract, and In no event less than one thousand
Q,O00o dollars. conditioned as provided by the
General Laws of this state recurring the civ
ing OF bonds by contractors for public works
and improvements, and conditioned further
that sGch contractor will indemnify and hole
harmless such city against any damage, loss OF
INJURY which may arise in any way directly
or indirectly, be suffered by said city by reasor
OF any occurrence while the work is gons or
and before acceptance thereof by such city
caused by any negligence or misconduct on the
part of such contractor, his servants or en-
ployes in doing the same.
Such bond shall in all respects be executed as
required by Sdeh General Laws, and all provi
sions in such laws contained, shall be appli
cable, as near as may be, to contracts herein
authorized.
Every such bond shall be filed with the con.
tract in the Office of the clerk or recorder of
such city, the custodian thereof.
Sec 10 The council of every such city shall
have power to require all bids for the doing OF
all work the furnishing of all skill or mate
rial, authorized by this act, to be accompanied
by bond. on the part of the bidder in such
sum and with such sureties as said council may
prescribe, or in lieu of such bond a certified
check payable to such city, upon a bank located
IN such city or cash of the same amount, con
dltloned that he will enter into a contract with
such city for the doing of the work or the fur
nishing of the skill or material for the pi =
mentioned in his bid, and according to t.
plans and specifications therefor in case the
contract shall be awarded to him: and in case
of default on his part to sign and enter into
such contract or fail to furnish the required
bond therefor, within the time prescribed by
such council in and by the specifications there
for the same shall be deemed forfeited, and If
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