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Award of contracts.
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 sball 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 thervon 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 wbo 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
the city according to the just and reasonable interpret. ation of such contract, which difference or balance shall be recoverable at law in the name of said city, before any court having competent jurisdiction thereof, against such contractor or contractors. In all cases
Payment for where the contractor or contractors shall proceed to work as it proproperly perform and complete their said contracts, the gresses. said board may in their discretion from time to time, as the work progresses, grant to said contractors an estimate of the amount already earned, reserving fif teen per cent. therefrom, which shall entitle the holder or holders to receive the amount that may be due thereon, when the money applicable to the payment of such work shall have been collected, and the conditions annexed to said estimate, if any, shall have been satisfied.
SECTION 6. All contracts entered into by said board Contracts to be of public works, and all bonds taken by them, shall be in name of city entered in the name of and be made to the city of Fond du Lac."
SECTION 7. All acts, proceedings, plans, profiles and Subject to estimates of the board of public works, shall be subject to the revision, modification and control of the common council
SECTION 8. The board of public works may require Engineering, the city surveyor or any other competent person to perform such engineering and draw such plans and speci. fications, and to make such estimates or assessments as they may deem proper or necessary.
Section 9. Nothing in this act contained shall be construction. so construed as to dispense with any of the proceedings mentioned in chapters twelve and thirteen for the prosecution of any work mentioned therein.
VACATING STREETS, &C.
SECTION 1. Upon petition in writing of two-thirds
Streets, etc., of the owners of lots on any street, alley or highway may be vacated in said city, the common council shall have power to discontinue or vacate such street, alley or highway or any part thereof, upon a vote of two-thirds of all the al. dermen elect, as provided in this chapter.
SECTION 2. Upon such petition being presented to Notice of vaca
to the common council, they shall cause notice to be published in the official paper of the city, for six successive weeks, which notice shall state what street, alley or bighway, or what portion thereof, is proposed to be discontinued or vacated, and when the petition will
be acted upon. Estimates of SECTION 3. If, at the expiration of such notice, and damages and
upon the hearing of such application, there shall be any valid objections made by any resident freeholder of said street, alley or highway to the vacating or discontinuing of the same, then the common council shall appoint three resident freeholders of the city as commissioners, who shall in no wise be interested in said application, and whose duty it shall be to view the said street, alley or highway and estimate the benefits and damages resulting to the owners of any real estate upon or connected with said street, alley or highway, and what portion of said street, that may be vacated, shall vest in the owner or owners of the lot or lots abutting thereon to each from the line of the lot to the center of the street, and report the same to the common council within the time mentioned in the order of appointment. The said commissioners in estimating the benefits and damages, and the proceedings thereunder, shall be governed as near as may be by the same rules as provided for the laying out of streets.
SECTION 4. If the report of said commissioners shall be coptirmed, the common council shall publish an order to that effect for two successive weeks in the offi. cial paper of the city
SECTION 5. In all cases of vacating or discontinuing equal damages
streets, alleys, lanes or highways, the common council shall have no power to vacate or discontinue the same, unless the report of the commissioners shall show that the benefits equal the damages and expenses of so vacating the same, and if for any reason the petition for vacating or discontinuing a street be rejected, or the report of the commissioners be not.contirmed, the ex.
penses made under such application shall be paid by Damages must SECTION 6. The damages assessed by virtue of this be paid before vacation. chapter, shall be paid by the city treasurer, or duly
tendered to the person entitled to the same, before such street, alley or lane shall be vacated or discontinued, and if not so paid or tendered, all the proceedings in
Notice of confirmation.
such case shall be void. The benefits so assessed from the confirmation of said report, shall become and remain a lien upon the premises so determined by the commi sioners in their said report, and the like proceedings for the collection of said benefits shall be had as in laying out streets.
SECTION 7. When no objections to a petition for In case no ob the vacating or discontinuing of any street, alley or
jection be made lape shall bave been made, as is provided by the preceding sections, then in such case the common council shall have power, upon the termination of the publicacation of the notice required by section two of this chapter, to order the same vacated or discontinued.
SECTION 8. The order of the common council va- Orders of vacacating or discontinuing any street, alley or highway, or recorded. any part thereof, may be recorded in the office of the register of deeds of Fond du Lac county, and shall bave the same force and effect as a release of title or a quit claim deed.
SECTION 1. The common council, for the purpose Fire limits. of guarding against the calamities of fire, shall have power, and it shall be their duty, to prescribe the limits within which wooden buildings, or buildings of other materials which shall not be considered fire proof, sball or shall not be erected, placed or repaired, and to direct that any and all buildings within the limits preseribed, sball be made and constructed of fire-proof materials, and to prohibit the repairing or rebuilding of wooden buildings within the fire limits, when the same shall have been damaged to the extent of fifty per cent. of the value thereof, and to prescribe the manner of ascertaining such damage.
SECTION 2. The common council shall also have power: I To prevent the dangerous construction and con. Dangerous
chimneys. dition of chimneys, fire places, hearths, stoves, stovepipes, ovens, boilers and apparatus used in and about any building or manufactory, and to cause the same to be removed, or placed in a safe and secure condition, wben considered dangerous.
Scuttles and ladders.
II. To prevent the deposit of ashes in unsafe places, and to cause all such buildings and inclosures as may
be in a dangerous state, to be put in safe condition. Dangerous manufactories.
III. To regulate and prevent the carrying on of manufactories dangerous in causing or promoting fires.
IV. To regulate and prevent the use of fire-works and firearm
V. To compel the owner or occupant of houses or other buildings to have scuttles in the roofs, and
stairs or ladders leading to the same. Suspicious VI. To authorize the mayor, aldermen, police or
other officers of said city, to keep away from the vicinity of any fire all idle and suspicious persons, and to compel all officers of the city and other persons to aid in the extinguishment of fires, and in the preservation
or property exposed to danger thereat. Other regula
VII. And, generally, to establish such regulations for the prevention and extinguishment of fires as the
common courcil may deem expedient. Fire engines, SECTION 3. The common council
shall procure fire-engines and other apparatus used for the extin. guishmet of fires, and have the charge and control of the same, and shall provide fit and secure engine houses, and other places for keeping and preserving the
same, and shall have power: Fire companies
I. To organize fre, hook and ladder, hose and ax
companies and disband the same. Horses, steam engines, etc.
II. To purchase horses and necessary apparatus for steam engines, and provide for the appointment of a necessary number of able and competent persons to take the care and management of the steamers, engines, horses and other fire-apparatus, to prescribe their duties, and to summarily remove such persons, at the pleasure
of the common council. Duties of fire) III. To prescribe the duties of firemen and their
compensation, and to make rules and regulations for their government, and to impose reasonable fines and
forfeitures upon them for a violation of the same. Size of compa
SECTION 4. Every fire company organized by the nies, etc.
common council shall not exceed fifty able-bodied men, between the ages of eighteen and fifty years, and they may elect their officers, and shall be formed only by voluntary enlistment, or as the common council may
prescribe. Exemptions of SECTION 5. Every member of each company here