Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1909-07-15


II auy. to the several parcais OF reAt estate
which are IN the opinion OF the board ri
fected thereby and the amount That ,honlc
be assessed to each parcel of .0ch zeal es
tate as benefits accrang thereto b. sach
contemplated work or Improvement eDa die
In their Office report showing heir deter
mlnation.
2. Notice shall be given by the board
OF public works that such report Is open Tor
review at their ONCE and win be so coD,sn
ued FOR the space of seven DAYS sfte, tue
date OF such notice. and that Oh he day
named therein. which shall not b. more
than three days after the sxpira tion OF said
seven days. said board will be- in session TO
hear all objections that may bp made to
such report.
3. Such notice shall be published in the
Official newspaper of the city at least once
and one copy Of such notice shah be posted
In each block Of the part of the street pro.
posed to be Improved. Such posted uotlces
shall be printed III type not smaller than
plea, such publication and posting shall be
made five days prior TO the date dxed for
hearing Of objections as aforesaid
d. No irregularity in the form OF such
report or of such notice shall affect its va
lidity II II fairly contains the information
required TO be conveyed thereby.
g. at the time specified for hearing OBJ
jectlons to said report said hoard shall hear
all parties interested who may appear for
that purpose, reduce to writing all ohiec-
lions that mas be made and all evidences
that may be offered to sustain the same, and
may review. modify, and correct said report
as they deem Just. Thereupon a compIete
and inal report shall be made and filed with
the city clerk by said board, together with
all objections and evidence taken before
them to sustain the same, and proof OF pub.
lication of said notice and an affidavit OF
the posting thereof MS above specified, which
proof and affidavit shall be received In ell
cases as presumptive evidence of the facts
therein stated.
6. No irrcgularity In the form OF said
report or manner OF conducting the proceed
ings by said board. or in the proof Of publ
cation or In the affidavit of posting. shall af
feet the Legality of said report. unless Ii
shall afiymatively appear that the owners
OF the property affected by the proceedings
were clearly misied by said lrregularity and
have not had an opportunity to be hea I'd
At such hearing any member Of the board
may administer such oaths as may be neces
sary In conducting II.
Z. The city clerk shah publish a notice
IN the official paper at least once that said
report is on tile In his Office aud that the
common council will at meeting to be held
at the time stated In the notice. consider the
said report and hear all objections which
may be made thereto and determine what
portion Of the cost Of the Improvement, II
any, shall be paid by the city. Five days
shall intervene between the first publication
of such notice and the said meeting The
council shall at such meeting or at an ad.
iourned meeting consider said report and
may confirm or correct the same, or refer II
back to the board for further consideration.
s, Subject to the Limitations hereinbefore
mentioned, the council may determine the
amount TO be paid by the real estate al
benefits on account OF such Improvement Of
such street or alley, and the amount that
shall be paid by the city at large or the
ward funds or the wards In which sucb tFn
provement Is made
o. When n Anal determination shall have
been reached by the council, the city clerh
shall publish notice ln the Official paper
once In each week for two successive weeks
that dnal determination has been made as
to the damages that will accrue to the real
estate In case of the change OF an estab
lished grade and the benefits and damages
to be assessed to the real estate In case OF
the proposed Improvement.
Section 959---30g. II the owner OF any
parcel of land affected by such determine.
ton OF the council feels himself aggrieved
thereby, he may within twenty days after
the date of the first publication Of slch no.
tice OF final determination appeal therefrom
to the circuit court, and such appeal shall
be taken. tried. and determined and bonds
for costs shall be given and costs awarded
In like manner as In case OF appeals from
the disallowance Of claims under chapter
40a, r. S., 1898, provided that said appeal
shalt not affect said contract. but certif..
Gates or Improvement bonds. as the case
may be, against the land in question, for
the amount of benefits assessed to such land,
shall be issued notwithstanding such APP
peal and In case the appellant shall sue
coed the difference between the amount
charged In the certificates or bonds SO Is.
sned and the amount adjudged 10 be paid az
benefits accruipg TO tine parcel Of real estate
described In such certificates or bonds shall
be paid by the city at large or out OF the
ward funds. as the eouacil may direct The
appeal aforesaid shall be the only remedy
Of the owner Of any parcel Of land, or of
any person interested therein, affected by
said Improvement, for the redress OF any
grievance he may have by reason OF the
making Of such Improvement, or Of the
change Of any established grade coverHd by
said report.
Section a59--3oh l. When the assess
mept Of benefits and damages has heep con
irmed by the council, the mavor and city
clerk shall execute for and on behalf Of the
city the contract for the work. The com.
mon council may provide that ths contract
price for the WORK shall be PAID wholly IL
cash II shall be sufficient to authorize tbs
city to make such contract. that IL hes on
hand funds sufficient to pay the difference
between the contract price and the amount
assessed against property hs her~inb%foF'
provided an. for all purposes affecting ta'
right Of the cit? to make such contract. the
a mount 40 assessed against property SHAH
be treated as money belonging TO the city In
process OF immediate collection
2. Such contract may provide that such
payment shall be made to the contractor
Gu the completion Of the work, or II the
conneii 80 deterunine. on or before the time
fixed by law for the annual sale or lands
for delinquent city taxes for the yesr IN
which snch assessments are carried INTO
the tax roll. Or che council maJ provide
that the contract price shall be paid IN GER
tiacates against the lands or In special I'm
provement binds Issued as prov ded by Sud
chapter rs OF chapter 4oa OF the revised
statutes and the acts ameudatory thereof
and supplemental thereto or part In sven
certificates and Improvement bonds, and
part In cash the contractor to receive spch
certificates and Improvement bonds al their
par value in payment OF and In full salts
faction for said work so tar as the amount
or amounts thereof will 20 In liquidation OF
the contract pr ca, without any other cIaim
upon or liability Of the city updef saio
contract tor the amount or amounts OF salo
certificates or bonds: and the balance or
the contract price to be paid In cash ny
the city.
SECTION esq where any contract
has been entered into By the city, es herein
before provided certificates and Improve
meat honda nay be issned . the mannsr
provided by svb-cbapter ts Of chapter Aga
Of the revised statutes end acts ameuda--
tory thereof and supplemental thereto and
such certificates or Improvement DonGs
shalt be tho property Of the city IN me
event tina; the contract provides that the
entire contract price shall he paid 10 cesn,
or the property of tho contractor In case
the contract provides that che conrract
In certiacstcs and Improvement bonds as
afSresald and ell the provisions anc I'm
ftstkons 81 saM sub.chapter IL aud actS
amendstnry thereof and supplements
thereto. az % the validity Of snch certif-
catsa and sends ard the limitation OF ac-
tions with reference thereto, shall apply 10
certificates and improvement bonds iesnsd
eseht to selt such bonds and certificates or
sny portion thereof owned by tine city at
not lsss than par.
eontsiusd shall In any way affect any pto-
ceedtngs heretofore commenced by any CITY