The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-07-15

| and from the chaugr OF aiitfAiioL
| II any. to the several parerl 0i
| which are In the ouinlor IF
| fected thereby and ;he auo pt
| be assessed to each ,a'ce Of
| tate as benefits accr'iinr th"r,
contemplated work or i,npgo tG.
| In their office a report s.so' i,i9 ...
| mInatlop
| 2. Nottce shalt be- given b, ~,
| Of public works that such report =
! review at their Office and viii b, ,..-,. I.
| ued Cor the space Of 1rvrD ieys sftC tt.
| date of such notice; and that on u ia,
i named therein. which shall not nf more
| than three days after the expiration of ;tid
seven days, said board will be 10 'sessiop 10
hear all objections that nlRy bp aigde to
such report
3. Such notice SHAH 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 1--WE days prior to the date liked for
bearing Of objections IA aforesaid.
4. No trreguarity In the form OF such
report or Of such notice shall affect it's va.
lidity II Il fairly contains the Information
required to be conveyed thereby.
| 3. 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 obIec.
| lions that may be made and all evidence
| chat may be offered to sustain the same. and
| may review. modify. and correct said report
| ns they deem just. Tbereupon a complete
and anal report shall be made and aled with
the city clerk by said board. together with
| all objections and evidence taken before
| them TO sustain the same, and proof o: pub
! lfcation 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.
6. No irregularty In the form of said
report or manner OF conducting the proceed
inEs by said board, or In the proof OF publi-
| ca ton or in the affidavit Of posting shall at.
| feet the legality Of said report. unless II
shan aHrmatively appear that the owners
! OF the property affected by the proceedings
| were clearly mIsled BY said lrreguIarty and
have not had an opportunity to be henrd
| AT such hearing any member Of the board
| may administer such oaths as may be ueces
| sary In conducting II.
I. The city clerk shnll publish A notice
| in the Official paper at least once that said
| report Is on die In bis Office and that the
! common council will ct 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 trst publica ton
of such notice and the said meeting The
| council shall at such meeting or at an al.
| journed meeting consider said report and
! may confirm or correct the same, or refer II
back to the board for further consldera ton.
3. 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 amulnt that
shall be paid by the city at large or the
| wnrd funds or the wards In which auch i'm
! prorement ia made.
O. Whom final determination shall have
! been reached by the council, the city clerk
| shall publish notice In the official paper
an, In, o.h tnyA st,~a
| that Hnal determination has been made as
| 70 the damages that Will accrue 10 the real
! est3te In case of the change Of an estab
! lshed 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 sggrieved
! thereby. he may within twenty days after
| the date Of the 6rst pubica ton 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, II. 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 ap.
I peal and In case the appellant shall sue.
. cPpd, ID" 01TefcnCe uetWeen the amount
charged In the certificates bonds is
sued and the amount adjndged TO be paid 40
I benefits sccruina TO the pa reel Of reol estate
described In such certificates or bonds shall
be paid by the city at large or out Of the
! ward funds, the council may direct The
/ appeal aforesaid shall be the only remedy
Of the owner Of any parcel Of land. or OF
| any peraon interested therein. affected BY
snld Improvement, for the redress Of any
grievance he may have by renson Of the
! making Of such Improvement, or Of the
| change Of any established grade covered b.
| said report.
Section a5a--soh l. When the a.sess
! rneut OF benefits and damages has been con.
J Armed nv the council. the mayor ana city
clerk shall execute for and on tNhRlf of this
I city the contract for the work. The com
! non council may provide that the contract
/ price for the work shall he paid wholly tr
cnsb 1t shall be sufficient to authorize the
city to make such contrsct, that It bss on
hand funds sufficient to pay the difference
, between the contract price and the amount
assessed against property as heretnh"fpr'
provided an. for all purposes affecting The
/ right OF the city to make such contract. tn.
| amount so assessed against property shah
! be treated as money belonging to the city IL
| process OF immediate collection.
.. Such contract may provide that snch
| payment shall be made to the contractor
| on the completion Of the work. or II the
council so determine. on or before the TIM,
! fixed hy law for the aunnal sale Of lands
| for delinquent city taxes for the year In
| Which such assessments are carried into
| tho tar roll. Or the council may provide
that the contract price shah be paid IN Ger.
! tihcates against the lands or In special i'm
| provcment bonds issued as prov ded by sub
! chapter is Of chapter 4oa Of the revised
statutes and the acts amendatory thereof
and supplemental thereto: or part 10 sich
certificstes and improvement bonds and
! part in cash the contractor to receive such
/ certificates and Improvement bonds az ibeir
! par value IN payment OF and In full satis
! faction for az Id work 80 far IA the amount
. or amounts thereof viii go In liquidation OF
! upon or liability Of the city under said
! contract for the spount or amounts Of said
! certificates or bonds; and the balance OF
the contract price to be paid In cash oy
; the city.
! has been entered into by the city as herein
| hafors provided certificates and Improve
meut bonds may ne Issued the manner
provided by spb-t napier IL OF chapter aOa
! of the revised statutes and acts ameuda.
snch cer,ihcsiss or improvement bonds
shall BE- rhs property Of the city In the
event that the contract provide. thar the
entire contract prtc. shall hs paid IN cash,
! tn. ~opt~sc, provides that the contract
! price ahan Ne paid part In cash and part
/ In certinc,t.s and Improvement bonds rs
! aforesaid sud all the provisions and lin
itsrens Of sAid sub chapter is ana ACTS asss
thereto. a. IN the v,lidity Of such certin-
! ratsA and bonds and the Limitation OF ac-
lions With referrncs thAreto, shsu apply to
eertincstes and IMPROVEMENT nonos lssaso
rtrht 20 sail such bonds aod certificates or
any porrion thereof owned BY the city at
''i s. .sis '' $3.50, Nothing in this act
eoutsin.d shnll Ia any way affect any p.O-
! hsSA commenced