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established grade, at the expense of the lots fronting on any such sidewalk or public square immediately adjacent thereto, and to construct and build crosswalks and gutters at the expense of the wards.
SECTION 3. When authorized by the common Grading streets council, the street commissioners or board of public works shall have power to grade, gravel, plank or pave streets
, alleys or lanes, and the cost and expense thereof to the center of such street, alley or lane shall be chargeable to and payable by the lots or parts of lots fronting or opposite to such street, alley or lane, or public square; but the common council shall have no authority to authorize the said commissioners or board of public works to grade, gravel, plank or pave any street
, alley or jane, unless the owners of three-fifths of the number of feet frontage in the block or blocks fronting upon any such street
, alley or lane and chargeable with the expense thereof, shall petition therefor Petition there10 the common council
, each petitioner stating the for necessary. number of feet front of ground owned by him and affected by said work, and the signing of any such petition shall be taken and construed as a release of all claims for damages for every such signer. Work may, When petition however, be ordered by the street commissioners, with. out a petition, with the consent of the common coun: eil, where a block fronting on a street, or a block through which where is an alley, and which is by law chargeable with the expense of the work so ordered, is owned by persons not residents of such ward. Such work may also be ordered by the street commissioners in front of any block where the resident owners of three-ifths of the number of feet frontage of so many of the lots in an adjoining block fronting on the same street, as are owned by residents of such ward, and the resident owners of a majority in feet of so much of the two blocks opposite thereto, as is owned by residents of soch ward, shall sign a petition for the work required to be done in front of such block: provider, each resident owner shall have also petitioned for or shall have done or commenced to do the work in front of lots or parts of lots owned by them respectively in such adjoining or opposite blocks.
SECTION 4. Whenever the street commissioners Notice to lot shall deem it necessary, or are authorized to make any
improvement. ito provement mentioned in sections two and three of
9 P. & L LAWS.
owners to make.
If work not
this chapter, which shall be chargeable to lots or any parcel of land, the city clerk shall publish in the official paper of the city, for at least ten days, a notice to all owners or occupants of lots, parts of lots or parcels of land liable to the expense of any such improvement, requiring such owner or occupant to do the work mention
ed in such notice within the time specified therein; and if done, to let to the said work shall not be done within the time therein owest bidder.
mentioned to the acceptance of the board of public works or street commissioners, the city clerk shall adver. tise for proposals for the doing of said work, and the board of public works or street commissioners shall let the same to the lowest reponsible bidder by contract in the name of the city. If no bids are received, the board of public works or street commissioners, shall contract for the same at as low and resonable sum as the same can
done. Improvement SECTION 5. In all cases where public improvements across streets. or works of any kind are chargeable by virtue of this
chapter on lots or any parcel of land benefitted thereby, all such improvements across streets and alleys shall be made and paid for out of the funds of the proper ward, in proportion to the width of the street or alley.
SECTION 6. Whenever any improvement shall be made where by virtue of this chapter the expense thereof is chargeable to the lots benefitted thereby, the street commissioners or city suveyor shall cause to be made estimates of the whole expense thereof and the proportion to be assessed to each lot, and in case of grading streets, alleys, lanes or sidewalks, of the number of cubic yards to be filled in or to be excavated in front of each lot, and such estimates shall be filed with the city clerk before the expiration of the notice re
quired to be published in section four of this chapter. In case of deep SECTION 7. Whenever the general interests of the cutting and ex traordinary city or ward require deep cutting or extraordinary fillAlling.
ing in any street, or any portion thereof, and the owners of lands fronting on such deep cutting or filling shall deem themselves aggrieved thereby, and shall represent to the commissioners of streets of the ward in which such improvement is being made, that the expense of such filling or excavation will excced the benefit the same will be to the property assessed therefor, the street commissioners shall direct, and the chief of police or any policeman shall summon three disin
Estimates of expenses and benefits
terested freeholders, non-residents, and the owners of no real estate in said ward, who after being duly sworn by the city clerk faithfully and impartially to discharge the trust reposed in them, shall examine the premises, and if in their opinion the cost of such work shall exceed the benefit derived therefrom, it shall be their duty to make report thereof to said commissioners in writing, and shall state therein what portion of such Work shall be chargeable to such lots or parcels of land, and how much or what portion shall be chargeable to the ward fund.
SECTION 8. The street commissioners shall direct Abatement of the city clerk to give ten days' notice in the official paper of the city, to all owners or occupants of lots which may be deemed injurious to health by reason of stagnant water remaining thereon, to abate such nuisance, by draining or filling such lot within the time mentioned in such notice; and if such nuisance shall not be abated or removed within the time so specified, the street commissioners shall cause the same to be abated and removed at the expense of the property upon which the same may exist.
SECTION 9. After the performance and completion Street commisof any contract entered into by the street commissioners for the work chargeable to the lots or lands hy virtue of this chapter, they shall give to the contractor or contractors performing such work a certificate under their bands stating therein the amount of work performed by such contractor, the nature thereof, and the description of the lot or parcel of land to which the same is chargeable, and the same shall be a lien upon said lot, piece or parcel of land, from the commencement of the work thereon until the same shall be paid, which said certificates may be transferred by endorsement thereon, and at any time after said certificates shall have been deliv. ered the bolder thereof may deposit the same with the city treasurer, taking his receipt therefor, and it shall be the duty of the city treasurer immediately thereafter to give notice in the official paper of the city for at least two weeks, that such certificates have been issued, describing in said notice the lot, piece or parcel of land upon which the same are liens, the amounts and for what work or improvement they are issued; and that the owners of such lots, pieces or parcels of land are required to pay the same to the city treasurer with
in thirty days from the date of said notice, and all cer. tificates wbich are not so paid within said thirty days sball draw interest thereon at the rate of twenty-five per cent. per annum unul paid ; upon demand the treasurer sball
to the owner or owners of such certificates the amounts collected thereon; and if the Levy of
said certificates and interest thereon shall not be paid to the treasurer before one month previous to the levy. ing of the general city taxes by the common council the same shall be assessed upon the lots or parcels of land, respectively, and entered upon the tax roll, and collected for the use and benefit of the holder of such certificate, as other taxes on real estate are collected by virtue of this act, or by the laws of this state; and if the notice to do the work required shall have been given as herein provided, no informality or error in the proceedings shall vitiate such assessments : provided that in no event where the work is ordered to be done at the expense of any lot or parcel of land, shall either the city or any ward be held responsible for the pay
ment thereof. Appeal.
SECTION 10. In all cases where the work is ordered to be done by the owner of any lot under the provisions of this chapter, such owner may appeal to the coinmon council at any time within two weeks after the publication of the notice required to be given; and the common council upon such appeal, shall inquire into, examine and correct the act or order complained of, as shall seem just and proper, and the further action of the street commissioners in this respect shall be regulated accordingly. Until the expiration of such time in which to appeal as herein provided, no work or order
shall be executed by the commissioners of streets. All promises to SECTION 11. Noibing in the preceding sections concondition. tained shall be so construed as to relieve the owners or
occupants of any real estate from the duty of keeping their respective premises at all times in a safe codition, and in a good and thorough state of repair, but such duty is hereby expressly enjoined and imposed
upon all such owners and occupants; and if at any Penalty. time injury shall be sustained by any individual, or
the city shall be subjected to any damages in consequence of the neglect of any such owner or occupant to repair or keep such sidewalk in a safe condition after due notice, such owner or occupant guilty of any
bo kept in safe
such negligence shall be liable for such damages, and the same may be recovered by suit in any court of competent jurisdiction.
SECTION 12. In all cases of opening, extending, Street superinwidening or improving any street, alley or lane, or in charge of street
improvements. the prosecution of any public improvement by virtue of this act, when not otherwise provided for, the street superintendent sball, when ordered by the common council, open, extend, widen or perform any other act 80 ordered in relation thereto.
BOARD OF PUBLIC WORKS.
SECTION 1. Whenever the common council shall Board of public deem it necessary, they may appoint a board of public power and works, consisting of three resident electors or alder. men of the city, one of whom shall be designated as chairman, who shall possess the power, and it shall be the duty of said board, to take the special charge and superintendence, subject to such genral ordinances as may be lawfully established by the common council, of the repairing and building of bridges. the paving and grading of streets, lanes and alleys, the construction of sewers through streets, alleys and lanes, the building of engine and school houses, markets, bospiials and all public buildings to be built or constructed by the city, of all works for changing the stream, bed, channel or current, or widening, straightening, deepening or dredging the Fond du Lac river, or either of its branches, or of any stream, creek or river in the city. The s id board shall have full power to regulate and control the manner of using the streets, alleys, highFays and public places of the city for the laying down of gas or water pipes, and determine the location thereof.
SECTION 2. Whenever the board of public works plans, profler sball recommend the making of any improvement of improve mentioned in the preceding section, they shall furnish mente. to the common council a plan or profile, and an estimate of the contemplated improvement for approval, modification or rejection.
SECTION 3. For any work to be performed Proposals fo tioned in the preceding sections, except such as is oth