New Ulm Post. [volume] (New-Ulm, Brown County, Minn.) 1864-1933, 1921-09-23
County Commissioners
Special Session.

Due notice having been served on all
members of the Board of County
Commissioners of Brown County, Min
nesota, for a special meeting to be
held at the County Commissioners
~ghambers in the Court House in the
City of New Ulm, Minnesota, on Sep
TENDER Goth, 1921, at 3 o'clock P,
NJ, for the purpose of considering the
engineers final report in the matter
of the construction of County Ditch
No. As. ..
All members present.
WHEREAS, the matter of accep-
lance of the construction of County
Ditch No. As was duly brought on
for hearing before the County Board
at this time, pursuant to notice duly
given; and
WHEREAS, all parties interested
appeared and were heard in the matter
and the parties so appearing submitted
in writing their request that said ditch
as now constructed be accepted and
that stations At to 81, both inclusive
of said ditch be treated as not form
ing a part of the construction set out
in the bid and contract Of the contract
or on said ditch and that the estimated
cost of construction of said stations
At to 81, both inclusive, be retained
IN the fund of said ditch; and
WHEREAS, it has been made to
appear to the satisfaction of the Coun-
ty Board that the adequacy, useful
ness and utility Of said ditch is not
in any manner impaired by the eli
mination of the construction contem-
plated under the contract of construc-
ton Of said stations At to 81, both
inclusive, and the written request OF
the parties directly interested in said
portion of the ditch specially reques-
ing that said ditch be accepted in the
form, manner and condition as the
same is completed at this date; there
fore
BE 1T RESOLVED, that County
Ditch No. As be and the same is here
by accepted in the form, manner and
condition of completion as so existing
at this date and that stations At to
81, both inclusive, are eliminated from
the construction thereof, and the
County Auditor was instructed to issue
his warrant in the amount of $1147.96,
payable to Anton Brand, being balance
due him on his contract.
The bond of Charles N. Robertson,
Highway Engineer, in and for Brown
County, and in compliance and pur-
suance to the provisions Of Section
20, Chapter 1923, Laws of Minnesota
1921, was read and approved and the
same was ordered to be recorded with
the Register of Deeds of Brown Coun-
ty, Minnesota, and forwarded to the
State Highway Department.
G.. N. Robertson, Highway engineer,
filed his certificate for partial payment
in the amount of $4,000, payable to
j. O. Case, contractor for grading done
at the Alvin bridge approach fills,
which received the approval Of the
Board and was ordered paid.
w. T. Eckstein, County Attorney,
submitted his report in re: Mime
sofa Valley Drainage and Conservancy
District, in which matter a petition
was filed with the District Court for
the purpose of asking for funds to de-
fray the cost of the preliminary ex-
penses among the several counties hav-
ing land within the district in proper
ton to the area within the district,
which was heard before Judge Olsen
of the Ninth Judicial District on Sep
TENDER 7th, 1921, which report was
read and ordered filed.
WHEREAS, the matter of the COM
pletion of County Ditch No. "a came
duly on to be heard by this Board,
pursuant to repeated demands by par
ties interested in said proceeding, re-
questing the completion Of said ditch;
and
WHEREAS, it has been made to
appear to the satisfaction Of this
Board that the contractor on said
: itch abandoned his contract on or
about January 10, 1917; and
WHEREAS, by operation of law
the bondsmen of said contractor were
released on January 4, 1917, and the
said contractor is wholly i%nsolvent; and
WHEREAS, the County Auditor,
pursuant to the provisions of the
statute in such case made and pro-
vided, on February 4, 1920, and also
on March IA, 1921, gave notice Of
sale of ditching jobs for the completion
of the unfinished work on said County
Ditch No. "a and in both calls for
bids received none; and
WHEREAS, the parties interested
are entitled to have the said work
completed without delay and thereby
diminish the damages resulting to them
and their property by reason OF said