Der Sonntagsbote. (Milwaukee, Wis.) 1906-1912, 1909-07-11

which Will accrue from such Improvement
and from the ehange or alteration OF grade,
II any. to the several parcels o. real estate
which are in the opinion Of the board AZ
feeted thereby and the amount that should
be assessed to each parcel OF such real eS-
tate as benefits accruing thereto BY suen
c@~temDlated work or improvement, and uie
= lneir Office q report showing their deter
mination-
2. Notice shall be given By the board
OF public works that such report Is open Tor
review at their oa1ce and viii be 90 contin-
ued for the space OF seven days after me
date OF such notice and that on the DAY
named therein, which shall not be more
than three DAYS after the expiration OF said
seven days. said board will be ia session 20
hear eli objections that may be made TO
such report.
8. sueh notice shall be published In the
Official Newspaper Of the city at least once
and one copy Of such notice shall be posted
In each block Of the part Of the street pro-
posed to be improved Such posted notices
shall be printed In type not smaller than
plea, such publication and posting shall be
made I'VE days prior 70 the date hxed for
hearing Of objections as aforesaid
4. No irregularity IN the form OF spch
report or OF such notice shah Affect It's va
udity Il II fairly contains the information
required 70 be conveyed thereby.
.. AT the time specified for hearing OBJ
~jeetions 70 said report said board shall hear
all parties interested who may appear foc
tnar purpose, reduce 20 writing all obJec-
W AAAt A%t DC M2lE HAl ali tftltItt
that may be offered to sustain the same. and
may reS--w. modify, and correct said report
as they deem Just. yhereupon a complete
and nnal report shall be made and filed With
the city clerk by said board, together with
all objections ard evidence taken before
them 20 sustain the same, and proof Of pub
lieation Of said notice aud an affidavit OF
the posting thereof as above specified. which
PROOF and affidavit shall be received in all
cases as presumptive evidence OF the facts
therein stated,
9. No lrregularity IN the form Of said
report or manner OF conducting the proceed
ings BY said board. or IN the proof OF publi-
cation or In the affidavit Of posting. shall az
feet the legality OF said report. unless IL
shall anirmatively appear that the owners
Of the property affected by the proceedings
were clearly misled BY said lrreguiarity and
have not had an opportunity to be heard.
AT such hearing ans member Of the board
may administer such oaths as may be neces-
sary in conducting Il.
7. The city clerk shall publish a notice
In the Official paper at least once that said
report Is on hle IN his once and that the
common council will at a meeting 70 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, IL
any, shall be paid BY the city. Five days
shan intervene between the drst publication
OF such notice and the said meeting. Tit
council shall at such meeting or at an ad-
5ourned meeting consider said report and
may confirm or correct the same, or refer lt
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 as
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 such inn
provement Is made.
Q. When a final determination shall have
been reached BY the council. the city clerk
/ shall nmhItah naffra In Hha AaHrIr1 ~
once IN each week FOR two successive weeks
that final determination has been made as
20 the damages that will accrue to the real
estate In case oethe change Of an estab-
lished grade and the benefits and damages
TO be assessed 20 the real egsate Ia case Of
the proposed Improvement
Section 959-30g. II the oWnet 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 such no.
tiee OF hnal determination appeal therefrom
70 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 aupeai
shall not affect said contract, but certih-
Gates or fm~prOver~-- bonds. as the case
may be, against the land in question, for
the amount Of Dement'S assessed to such land,
| shall be Issued Notwithstanding such an
peal and in case the appellant shall sue
coed. the difference between the amount
charged In the certificates or bonds so IS
sued and the amount adjudged TO be paid as
I benefits a~ccruing TO the 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 council 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 redresa OF anv
grievance he may have by reason OF the
making Of such improvement, or OF the
change OF any established grade covered By
said report.
Section 95a--3Oh. 1. When the assess
ment Of BENEFITS and damages has been con-
frmed by the council, the mayor and city
clerk shall execute for and on behalf OF tina
city the contract for the work. The CON-
mon council may provide that the contract
I price for the work shall be paid wholly "a
cash. II shall be sufficient TO authorize the
city TO make such contract, that II has on
hand funds sufficient 20 pay the difference
between the ccaIact price and the amount
assessed against property as hereinbefore
provided anu for all purposes affecting the
right OF the city 10 make such contract, the
amount 50 assessed against property shall
be treated as money belonging to the city in
process OF immediate collection.
such contract may provide that such
on the completion Of the work, or II TIA
council 30 determine. on or before the TIN
nxed ey law for The annual sale OF Ian is
Tor delinquent city taxes for the year In
which such assessments are carried into
the tax roll. Or the council may provide
that the contract price shall be paid In GER
uncates against the lands or IN special Inn
proVement bonds issued as provided BY sub
chapter Is OF chapter 40a OF the revised
statutes and the acts amendatory thereof
ana supplemental thereto; or part Ia such
certificates and improvement bonds. and
part In cash the contractor to receive such
certineates and Improvement bonds at their
par value 10 payment OF and IN full salts
faction for said work SO Far as the amount
o. amounts thereof will 80 IN Liquidation Of
the contract price, without any other claim
upon or liability Of the city under said
contract Tor the amount or amounts Of said
I certneetes or bonds and the balance 81
tas contract price 70 be paid Ia cash by
Section a5a-30i. Where any contract
nas been entered into BY the city as herein.
BEFORE provided certificates aud fmnrova-
ment bonds may be issued In he nanner
provided By subchapter IS Of ehapter 4oa
o. the revised statutes. and acts amenda-
tory thereof and supplemental thereto ana
snch certificates or Improvement hands
snan oe the. property Of the city in the
eVent that the contract provides that tha
entire contract price shall b maid IN cash
or the property OF the contractor ia cRss
The contract provides that the contract
Price shsll b paid part In cash ana part
n Certificates and improvement bonds as
Aforesaid and all the provisions ard lin
itations Of said snb-chapter IS snd acts
amendatory thereof and supDiemantsi
theretot a. % the validity OF sneh cerffa.
/ Gates and bonds. and the limitation ~ A.
mons With reference thereto. shall aDuiv "a
c@Ftuneates and improvement boris lesued
lncef tnls act The council shall have the