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any way. When the city owns in fee simple absolute any lot or parcel of land liable to be charged for work by special tax bill, and in any case of improvement alongside of a public square, or other place held for public use other than a street, avenue, alley or highway, the city shall, out of the general revenue of the city, pay its proper apportionate share of the cost of the work mentioned in Sec. 1404, a tax bill against the city to be issued, in which the city may be sued in default of payment; but no property held for public use shall be sold, and the judgment shall be the same as ordinary judgments for the recovery of money on contract. [R. S. 1889, Sec. 1425.
SEC. 8. Proceedings on petition for improvements. When it is proposed to grade, construct, reconstruct, pave or otherwise improve or repair any street, sidewalk, alley, avenue or public highway, or any part thereof, and pay therefor in special tax bills, and under existing laws a petition therefor is required, a petition shall be sufficient, if signed by property. holders owning a majority of the front feet of property owned by residents of the city, and fronting on the street, sidewalk, alley or avenue or public highway, or part thereof, proposed to be improved. When a petition has been signed the same may be published for five days in some newspaper printed in the city, and thereafter the common council shall hear and decide on all objections thereto, if any. If the common council shall, in the ordinance, cause to be done the work petitioned for, find and declare that the work has been petitioned for, and the petition published according to law, such finding and declaration shall be conclusive for all purposes; and no special tax bills shall be invalid or be affected by any defect in or objection to the petition. Special tax bills against different lots or parcels of land owned by the same person or persons may be joined in one suit, a separate judgment to be entered on each bill, and execution accordingly to be issued. In making out special tax bills against corner lots, for works on sidewalks, and curbing and guttering, they shall be charged
for work on both fronts and outside corners. [R. S. 1889, Sec. 1426.
Contractors to give bond.-Contracts for making city improvements on streets, avenues or alleys, or constructing sewers, let to the lowest responsible bidder, shall contain a covenant on the part of the contractor or contractors with the city to pay all laborers employed on the job, and performance of such covenant shall be guaranteed by two or more sureties signing the contract, whose sufficiency shall be approved as provided by ordinance, but who shall not be liable beyond the estimated cost of the labor on the job, to be stated in the contract: Provided, that the city shall not be liable for the sufficiency of the contractors or sureties, nor for any failure to comply with or irregularity in complying with this provision. Laborers, who may do work stipulated for by any such contract, may recover in an action in the name of the city for their use, in which no costs shall be adjudged against the city, and all costs not adjudged against the defendants shall be adjudged according to equity against persons for whose use the suit may be prosecuted, all due them for labor not exceeding the estimated costs of the labor as stated in the contract; such recovery may be had against the contractor and sureties, or either, as in chancery; but it shall not be necessary to file with the petition the original contract. The suit shall be brought for the benefit of all laborers on the job, and the amount due. them be ascertained by the court or a referee, unless the court direct an issue as to the amount due one or more laborers, to be tried by a jury; pending the suit, laborers not mentioned in the petition, whether they have done work before or after the commencement of the suit, may become parties to the proceeding by appearing and filing in the action a written statement of their demand, such notice thereof as the court may direct to be given the defendants, and reasonable opportunity to defend to be given. The proceedings shall, as far as practicable, be governed by the rules and principles of courts of chancery, so as to afford speedy and adequate relief, according to the letter
and spirit of this section. Judgment shall be rendered for the estimated cost of labor, as stated in the contract, and execution be awarded and issued for the aggregate amount found due laborers, not exceeding the estimated cost in the contract, which shall be collected with costs. Money made shall, after paying costs, be divided and paid pro rata among laborers for whose use the judgment may be rendered, the court to decide questions as to distribution summarily by motion. No action shall be brought or be prosecuted for the benefit of laborers on the contract, unless the suit be commenced within one year after the completion of the work to be done under the contract and acceptance thereof by the city, nor shall such action be brought before such completion and acceptance, unless the court find good cause therefor, according to averments in the petition. Such suit shall be brought in some court of competent jurisdiction in the county in which such city is located, if jurisdiction. of the proper parties can be obtained in that county. [R. S. 1889, Sec. 1427.
BOULEVARDS-SPECIAL TAX BILLS-SPRINKLING AND CLEANING STREETS.
SECTION 1. Act shall apply to what cities.—Any city now containing or which hereafter may contain more than fifty thousand and less than two hundred and fifty thousand inhabitants, shall have the powers hereinafter set forth. [Laws 1891, p. 48.
SEC. 2. Authorizing construction of boulevards. -Whenever a majority of the resident property owners on any street, avenue or boulevard, for a distance of not less than four blocks, shall petition the common council of the city for
the complete construction and maintenance for a period of five years of said street as a boulevard, then said common council may, according to the terms of said petition and in accordance with specifications proposed by the city engineer, cause the said street, avenue or boulevard to be graded, regraded, provision made for surface drainage, curbed, guttered, paved, repaved, plant trees thereon, construct sidewalks, lay sod, or otherwise improve and maintain the same in perfect order for a period of five years: Provided, that only such work is done as is specified in said petition, which may be for all or such part of the above described work as is therein set forth. [Laws 1891, p. 48.
SEC. 3. Special tax bills may be issued for grading, paving, etc.-The common council of such city may, by ordinance, provide taat special tax bills, issued for any work of grading, paving, repaving, or the construction of district sewers and sidewalks, shall be made payable in five equal installments-the first installment to become due on the first day of January or the first day of July following the issue of said bills, whichever date is nearest to a period of one year from date of issue; the second installment shall become due in one year, the third installment in two years, the fourth installment in three years and the fifth installment in four years after the first installment is due as above mentioned. Such tax bills shall bear interest at the rate of seven per cent per annum. The interest on the whole amount of the tax bills shall become due first on the date when the first installment becomes due, with interest to that date; thereafter they shall be payable at any time, with interest up to the following first day of January, when the first installment shall have been due in January, or the following first day of July when the first installment shall have been due in July. If any installment. of any such tax bill or any interest thereon be not paid when due, then all the remaining installments shall immediately become due and collectible, together with interest at the rate
of eight per cent per annum from the date of issue of said tax bills, less the sum of any interest that may have already been paid on said installments. Suits may be brought to enforce the payment of such tax bills, or any installment or installments thereof, in the manner provided by the charter of such city for the bringing of suits on other tax bills: Provided, however, that the owner or owners of any tract or parcel of real estate charged with the payment of such tax bill, or the owner or owners of any interest in such tract or parcel of real estate, shall, within sixty days from date of issue, file with the common council a written statement of each and all objections which he or they may have to the validity of such tax bill, the doing of the work, the furnishing of the materials charged for, the sufficiency of the work or materials therein used, and to any mistake or error in the amount thereof; and in any suit on any tax bill issued pursuant to this section, no objection or objections to it shall be pleaded or proved other than those which have been filed with the common council within the period aforesaid. The ordinance authorizing and ordering any work to be done according to the provisions of this section, and every amendment thereto, shall not be finally voted upon and passed by the common council until such ordinance, and the petition in case of paving, shall have been first published at least five days in the newspaper at the time doing the city printing, and before the passage of such ordinance, the common council shall hear and determine all objections. if any there be, to such ordinance or petition. If the common council shall find and declare by ordinance that the ordinance or petition authorizing such work to be done have been published for the time and in the manner herein required, such finding and recitations shall be conclusive upon all parties concerned, and no tax bill shall be held invalid on account of the insufficiency of such petition and notice. The lien of all tax bills issued under this section shall continue for a period of one year after the last installment specified therein shall have become due and payable, and no longer, unless within such