If work not

owest bidder.

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 mentioned 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 mentioned to the acceptance of the board of public works or street commissioners, the city clerk shall advertise 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 across streets.

Estimates of expenses and benefita.

In case of deep cutting and extraordinary Alling.

SECTION 5. In all cases where public improvements 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 required to be published in section four of this chapter.

SECTION 7. Whenever the general interests of the city or ward require deep cutting or extraordinary filling 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

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.

nuisances.

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.

sioners' certifi

cates.

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 by virtue of this chapter, they shall give to the contractor or contractors performing such work a certificate under their hands 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 delivered the holder 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

Levy of amounts.

Appeal.

in thirty days from the date of said notice, and all certificates which are not so paid within said thirty days shall draw interest thereon at the rate of twenty-five per cent. per annum until paid; upon demand the treasurer shall pay to the owner or owners of such certificates the amounts collected thereon; and if the said certificates and interest thereon shall not be paid to the treasurer before one month previous to the levying 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 payment thereof.

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 common 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 premises to SECTION 11. Nothing in the preceding sections contained 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 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

be kept in safe condition.

Penalty.

such negligence shall be liable for such damages, and the same may be recovered by suit in any court of competent jurisdiction.

tendent to have

SECTION 12. In all cases of opening, extending, Street superinwidening or improving any street, alley or lane, or in charge of street the prosecution of any public improvement by virtue improvemente. of this act, when not otherwise provided for, the street superintendent shall, when ordered by the common council, open, extend, widen or perform any other act so ordered in relation thereto.

CHAPTER XIV.

BOARD OF PUBLIC WORKS.

works-their

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. duties. 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, hospitals 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 said board shall have full power to regulate and control the manner of using the streets, alleys, highways and public places of the city for the laying down of gas or water-pipes, and determine the location

thereof.

and estimates

SECTION 2. Whenever the board of public works Plans, profiles shall recommend the making of any improvement of improvementioned 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.

work.

SECTION 3. For any work to be performed men- Proposals fo tioned in the preceding sections, except such as is oth

Award of contracts.

Reserved rights.

erwise provided for by this act, the said board of public works shall advertise for proposals for doing said work, a plan or profile of the work to be done, accompanied with the specifications for the doing of the same being first placed on file in the office of the city clerk, which said plan, profile and specifications shall at all times be open for public inspection, which advertisement shall be continued for at least ten days in the corporation newspaper, and shall state the work to be done. The bids for doing said work shall be sealed bids, directed to said board, and shall be accompanied with a bond to the city in the sum of two hundred dollars, signed by the bidder and two responsible sureties, conditioned that he shall execute the work for the price mentioned in his bid, and according to the plans and specifications in case the contract shall be awarded to him, and in case of default on his part to execute a contract and perform the work, said bond may be sued and judgment recovered thereon by the city for the full amount thereof, in any court having jurisdiction of the amount. Said bids shall be opened at the hour and place mentioned in said notice.

SECTION 4. All contracts shall be awarded by said board to the lowest responsible bidder, and who shall have complied with the requirements mentioned in section three of this chapter, and who will sufficiently guarantee to the satisfaction of said board, the performance of said work under the superintendence and to the satisfaction of said board: provided, that the contract price does not exceed the estimate, or such other sum as shall be satisfactory to said board, copies of which contract shall be filed and recorded in the office of the city clerk.

SECTION 5. The board of public works shall reserve the right in their said contracts to finally decide all questions arising as to the proper performance of said work, and in case of improper construction, to suspend said work at any time, and relet the same, or to order the entire reconstruction of said work if improperly done, or relet the same to some more capable and faithful contractor or contractors, with power hereby given to said board to adjust the difference of damage or price (if any there be) which the contractor or contractors failing improperly to construct such work, in such cases of default should in their opinion pay to