New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-24

la PASSED AT The
however, that the auditor, upon the writ
ten approval of the engineer, may issue
preliminary certificates for not to exceed
seyenty-fiye f75) per cent of work already
done and approved, within the county OF
which he is such auditor, which certif-
cate shall be treated as hereinbefore pro-
yided; but no such certificate shall be fur
n1shed except when accompanied by the
engineers written certificate that no loss
viii result therefrom.
It shall also be the duty of the engi-
neer to inspect the laying of tile, exca-
walton and all other work of construction
from time to time as provided for In the
specifications and provisions in his re-
port and as provided for in the contract
for construction, and his services for
making such inspection shall be paid for
at the same rate and in the same way as
his services in making his original sur
vey and report.
Sec Is. The board Of county commits
sioners Of each and every county wherein
any such ditch is proposed to be wholly
or partly located and established are
their respective counties in such amount
as may be necessary to defray in whole
or in part the expense incurred or to be
incurred in locating, constructing and es-
tabl1sh1ng so much of any such ditch as
may be located within such county; or in
such relation to such county as to affect
lands therein within the terms of this
act. .Fhe word Expenses shall be con-
strued to mean and to cover every item
of cost of said ditch from its inspection
to its completion, and all fees and ex-
penses to be incurred in pursuance there
of.
Such bonds shall be payable at such
time or times-not to exceed ten years
from their date-and shall bear such rate
annum-payable annually or semi-annual-
ly, all as the board of county commits
sloners shall by resolution determine.
Each bond shall contain a recital that it
cordance with the provisions of this act
and snail be signed by the chairman Of
said board and countersigned by the
county auditor, who shall keep a record
thereof -,
Said board shall have power to nego-
tiate said bonds as they shall deem for
the best best interest of said county. but not
for less than their par value. The pro-
ceeds from the sale of all such bonds
shall be placed in a general ditch fund,
which is hereby created.
-, Such board shall provide moneys for
the payment of the principal and interest
OF SAID bonds as they severally mature,
Wmch moneys shall be placed in the gen
eral ditch, fund, into which fund they
may transfer any surplus moneys remain
ing in the general revenue fund or other
funds Of the county which can properly
be used for the purposes OF this act, into
which fund shall also be paid all moneys
created under the provisions of this act
Sec. 10: At the earliest practicable time
after the letting of the contract for the
vided. the auditor of each county affected
thereby shall make in tabular form list
and statement showing the following
First-The names Of the owners of all
lands and the names of all public Or cor
porate roads or railroads within their
respective counties benefited by the con-
mr. ORR nc
pears from the viewers report, as affect
ed by the order Of confirmation of the
board or Judge. as aforesaid.
Second-The description of said lands
as the same appears in such report as so
affected, together with the total number
Of acres in each tract according to the
assessment rolls or tax lists of such
county.
Third--The estimated number of acres
benefited in each tract of: said land, as
shown as aforesaid.
Fourth-The estimated amount of BEN
efits and damages to each Of said tracts
OF land and the estimated amount Of
benefits and damages to each public or
corporate road or railroad, as the same
fected by the order Of confirmation Of
the board or judge as aforesaid, or as
changed by the jury, or. court.
tracts Of land, and that each of said cor
porate roads or railroads SO benefited
will be liable for and must pay into the
treasury of each county for the LOCATION,
ditch, which said amount shall be deter
mined as follows:
Said auditor shall make full statement
showing the total cost of each ditch, I'M
der each separate petition. for such ditch:
and each petition and each ditch located,
constructed and established shall be
known and designated by a number to
headed as follows:
Statement showing cost of ditch, No.
,,s: ,.ia TO whom paid Paid ns,i For
g sad p 9tatement shall be summed
showing in figures the total cost of each
ditch, and shall be attached to and form
a part Of the statement herein provided
for. The total cost shall then be divided
by the total estimated benefits as pro-
vided for in subdivision five Of this sec
ton, for the rate of cost on each one
dollar of benefits, the auditor not to be
obliged to carry out and use a smaller
fraction than one-tenth Of one MILL The
amount of estimated benefits to each
tract Of land, and to each public or cor
porate road or railroad Gas hereinbefore
provided for) shall be multiplied by said
rate, and the result set down in the
proper column opposite each of said
tracts Of lands, public or corporate roads
tained, less the, amount Of damages, il
any, shall be the amount that each OF
roas or viii be abe For
account of such Improvement
Sec. 20. Such statement shall then be
signed by the auditor in the presence OF
two attesting witnesses, and be duly &C,
knowledged by him, and shall then b.
duly filed with and recorded by the regis
ter of deeds of such county. The amount
which each tract Of land and each public
or corporate road or railroad will be liza.
BILE for, and the interest thereon, as here
matter provided, shall be and remain &
first and paramount lien, on such land
public or corporate roads, or railroads
until f1111v n6i6. and shall take nThca-
dence of all mortgages, charges, incum
brances or other liens whatever, sucE
payments may be made as hereinafter
provided. Such filings shall be deemed
notice to all parties interested Of the
existence Of such lien. The fees of sucE
register of deeds for such recording shall
be paid by the county, on the allowance
Of the board of county commissioners
and said statement, after the same has
been recorded, shall be returned to the
auditor, to be by him placed with the
other papers relating to such ditch, anc
carefully preserved by him.
Sec. p. The amount that each tract Q!
land, public or corporate road or rail
road, Shall be liable for on account Of
the location, construction and establish
ment Of any ditch or bitches under the
provisions of this act shall bear Interest
from the date of the filing of the au
ditors statement in the register Of deeds
Office at the rate of six per cent (6 pei
cent) per annum until paid; provided
that when bonds are issued by the coun
ty for the construction and establish
ment of such ditch the same rate of in
terest shall be charged as said bonds sc
issued bear, and said interest shall con
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