The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1909-07-15


If any. to the several pseetis oi
which are in the opinion Of "a. 81
fecteG thereby and tae hnlo snt
be assessed to each rareel of
tate as benefits accfaing ,her,iG
contemplated work or inQTo -esa.at
In their Office . report saoRtua
mination
2. Notice shall be given o. ts.
OF public works that such report IS
review at their o6ice and will b.
ued Tor the space of seven Says az.
date OF such notice and that on h ID
named therein. which shall noi h' ;eo..
than three days after tine expiration of SaiJ
seven days. said board will be In session 10
hear all objections that may be- made to
such report
3. SGeh notice shall DE published In the
official newspaper of the citg 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 five days prior to the date fixed for
| hearing of objections as aforesaid
4. No trreguarity In the form OF such
report or of such notice shall affect Its va
iidity Il 1t fairly contains the information
required TO be conveyed thereby.
s. 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 all oblec-
ttons that may be made aud ail evidence
that may be offered TO sustain the same and
may review, modify, and correct said report
as hey deem just. Thereupon a complete
and dnal 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
fication of said notice and 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.
g. No irregularity In the form of said
report or manner Of conducting the proceed
!ngS 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 1t
shall aflrmatively appear that the owners
! of the property affected by the proceedings
were clearly misled by said lrregularity and
have not had an opportunity TO be heard
| at such hearing any member of the board
may administer such oaths may be neees-
sarg In conducting 1t.
Z. 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 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
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 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.
Q. 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 hnal 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
J the proposed Improvement
| Section 959--30g If 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 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 AMI costs awarded
In like manner as In case o. appeals from
! the disallowance of claims under chapter
40a, z. S., 1898. provided that said appeal
/ shall not affect said contract. but certi6
| 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 ap-
| 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
! 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 be may have by reason OF the
! making of such improvement, or Of the
| change Of any established grade covered By
( said report,
| Section a59-3Oh l. When the assess
| ment Of benefits and damages has been con
! irmed by the council. the mayor and city
clerk shall execute for and on behalf of the
/ city the contract for the work The con-
! mon council may provide that the contract
! price for the work shall be paid wholly In
! cash It shall be sufficient TO authorize the
! city TO make such contract, that Ii has
| hand funds sufficient to pay the difference
/ between the contract price and the amount
{ assessed against property as hereiubPfoE.
| provided an, for all purposes affecting tbt
! right OF the city to make such contract. the
| amount SO assessed against property shall
| be treated as money belonging to the city ip
! process Of immediate collection
| 2. Snch contract may provide that such
| payment shall be made to the contractor
! on the completion Of the work. or II the
! councfl 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
1 the taz roll Or the council may provide
! that the contract price shall be paid In Ger.
! tifcates against the lands or In special I'm
! provement bonds Issued IS 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
! ~ IN an ba IN tva
! certificates and Improvement bonds al their
| par value ip 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 pr CO. 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
! section e5e--soi. Where any contract
! has been entered into by the city as herein
( before provided certificates and improve
msut bonds may be issued the manner
/ provided by spb-chapter I9 Of chapter 40a
/ Of the revised statutes and acts amenda-
! tory thereof and supplemental thereto and
/ shall be the property Of the city in the
event that the contract provides that the
entire contract price shall be paid In cash,
| or the property of the contractor in case
tha eoDtrsct provides that the contract
| price shall be paid part In cash and part
! 10 cerrifc&tes and Improvement bonds as
! Aforesaid sod all the provisions and lin
| itzt'ous Of said sub-chapter Is and acts
/ thereto as TO the validity Of such ccrtff-
! Gates and bonds and the Limitation Of &C
/ ttons with reference thereto. shsll apply TO
| certificates and Improvement bonds issued
| under thss set. Ths council shall have the
! right ca sell such bonds and certificates or
| any portion thereof owned by the city at
! not tess than pas.
| Section p6a--8o1 Nothing In this act
contained Ahall In any way affect any pro-