The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1909-07-29

which will accrue from such Improvement
ana from the change or alteration OF grade,
Ii any, TO the several parcels OF real eState
which are in the opinion of the board af-
fected thereby and the amount that should
be assessed to each parcel of such real
tate as oenents accruing thereto by such
contemplated work or Improvement and file
in their Office a report showing their deter
mination.
2. Notice shall be given by the board
Of public works that such report is open for
review at their Office and will be so contin-
ued for the space of seven days after the
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 in session to
hear all objections that may be made to
such report.
g. Such 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 shalt be
made five days prior to the date fixed for
hearing of objections as aforesaid.
4. No irregularity in the form OF such
report or of such notice shall affect its va
lidity If it fairly contains the information
required to be conveyed thereby,
5. At the time specified for hearing OBJ
jections to said report said board shall hear
all parties interested who may appear for
that purpose, reduce to writing ali obJec-
lions that may be made and all evidence
that may be offered to sustain the same, and
may review, modify, and correct said report
as they deem just. Thereupon a complete
and final 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 as above specified, which
proof and affidavit shall be received in ali
cases as presumptive evidence of the facts
therein stated.
g. No irregularity 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 it
shall affirmatively appear that the owners
of the property affected by the proceedings
were clearly misled by said irregularity and
have not had an opportunity to be heard.
At such hearing any member OF the board
may administer such oaths as may be neces-
sary in conducting 1t.
T. The city clerk shall publish a notice
in the official paper at least once that said
report is on file in his Office and that the
common council will at a 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, If
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 adj
journed meeting consider said report and
may confirm or correct the same, or refer 1t
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 I'M
provement is made. ~
g. When final determination shall have
been reached by the council, the city clerk
shall publish notice In the official paper
once In each week for two successive weeks
that final 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 959-3Og. If the owner of any
parcel Of land affected by such determine
tion of the council feels himself aggrieved
thereby, he may within twenty days after
the date of the first publication Of such 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
shall not affect said contract but certih-
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
ceed the difference between the amount
charged in the certificates or bonds so is
sued and the amount adjudged to be paid as
benefits accruing 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 redress of any
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 959-3oh 1. When the assess
ment of benefits and damages has been con-
firmed by the council, the mayor and city
clerk shall execute for and on behalf of the
city the contract for the work. The COM
mon council may provide that the contract
price for the work shall be paid wholly in
cash 1t shall be sufficient TO authorize the
city to make such contract, that 1t has on
hand funds sufficient to pay the, difference
between the contract price and the amount
assessed against property as hereinbefore
provided ana for all purposes affecting the
right Of the city to make such contract, the
amount so assessed against property shall
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
on the completion of the work, or If the
council so determine, on or before the time
fixed by law for the annual sale OF lands
for 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
tifcates against the lands or in special Inn
provement bonds issued as provided by sub
chapter Is Of chapter 4Oa of the revised
statutes and the acts amendatory thereof
and supplemental thereto; or part In such
certificates and Improvement bonds, and
part In cash; the contractor to receive such
certificates and Improvement bonds at their
par value in payment of and in full salts
faction for said work so far as the amount
or amounts thereof will go In liquidation OF
the contract price, without any other claim
upon or liability Of the city under said
contract for the amount or amounts of said
certificates or bonds; and the balance OF
the contract price to be paid in cash by
the city
Section 959-30i. Where any contract
has been entered into by the city as herein
before provided certificates and improve
ment bonds may be issued in the manner
provided by sub-chapter 1S of chapter 40a
of the revised statutes, and acts amenda-
tory thereof and supplemental thereto; and
such certificates or Improvement bonds
shall be the property of the city In the
entire contract price shall be paid In cash,
or the property of the contractor In case
the contract provides that the contract
price shall be paid part in cash and part
aforesaid; and all the provisions and linn
itations Of said sub-chapter Is and acts
amendatory thereof and supplemental
thereto, as to the validity of such certih-
Gates and bonds. and the limitation OF ae-
tons with reference thereto, shall apply TO
certificates and improvement bonds issued
under this act. The council shall nave the
right to sci. such bonds and certificates OF
Section sos~soj. Nothing in this act