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for the grading, paving or repaving of any street, avenue, alley or highway of the city shall be passed unless recommended by the board of public works, as hereinafter provided. The board may of its own motion, and upon the petition of any reputable freeholder of property on any street, alley or highway shall, designate a day on which they will consider the improvement of such street, alley or highway, and shall give two weeks' public notice in the papers doing the city printing, of the time, place and object of their meeting. On such day, if the owners of a major part of the property on the line of the proposed improvement shall remonstrate against the same, the board shall consider such remonstrance, and if such board shall, by a unanimous vote of all of its members authorized to vote, approve such proposed improvement, they shall cause an ordinance for the same to be prepared, and report the same, with the reasons for their actions and the remonstrance, to the common council. If such majority of the property owners fail to remonstrate, or shall petition such board for such improvement, the board may, by a majority vote of its members, approve the same, and shall cause an ordinance to be prepared and reported to the common council therefor. [Laws 1891, p. 52.

SEC. 15. Ordinances recommended by board to specify, what.-All ordinances recommended by said board shall specify the character of the work, its extent, the material to be used, the manner and general regulations under which it shall be executed, and, if the work is to be paid for by the city, the fund out of which it shall be paid. [Laws 1891, p. 52.

SEC. 16. Ordinances in certain cases.-Upon the recommendation of any ordinance by the board of public works, the common council shall have the power, when such ordinance shall be accompanied by a remonstrance as herein. before provided, by a vote of two-thirds of the members elect of the common council, and in all other cases by a vote of a majority of the members elect of the common council, to pass

such ordinance and order the making of such improvement. [Laws 1891, p. 52.

SEC. 17. Board to recommend repairs of streets, alleys, etc. The board of public works shall recommend to the common council ordinances for the repairing of all streets, alleys, avenues and public highways, and for the construction of crosswalks, and no ordinance therefor shall be passed without such recommendation. [Laws 1891, p. 52.

SEC. 18. Cost of construction to be apportioned -how. The cost of construction of all the foregoing improvements within the city shall be apportioned as follows: The repairs of all streets and highways and cleaning the same, and of all alleys and crosswalks, shall be paid out of the general revenue of the city, and the grading, paving and repaving, curbing, guttering and sidewalks, and the materials for the roadways, the repairs of all sidewalks, shall be charged upon the adjoining property, as required by the laws governing cities of the second class, and collected and paid as therein provided Provided, that all tax bills issued as herein provided shall show on their face the total amount of work done, the cost thereof, and such other information as may be required by ordinance. [Laws 1891, p. 52.

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SEC. 19. Special tax bills-how made out, collected and paid. All special tax bills for work contemplated by this and the laws governing cities of the second class shall be made out by the president of the board, and by him registered in his office in full, and certified and delivered to the comptroller, and his receipt taken therefor, and by him registered and countersigned and delivered to the party in whose favor it is issued for collection, and his receipt taken in full of all claims against the city on account of said work. Said tax bills shall be collected and paid as required by the laws governing cities of the second class. Whenever any special tax bill issued heretofore, or hereafter to be issued, shall

be paid, it shall be indorsed "satisfied" on the record in the comptroller's office; and any bill that is not entered "satisfied" within two years after its date, unless proceedings in law shall have been commenced to collect the same within that time, and shall be still pending, the lien shall be destroyed and of no effect against the land charged therewith. [Laws 1891, p. 52.

SEC. 20. Limitation of powers of common council. The common council shall have no power directly to contract for any public work of improvement, or repairs thereof, contemplated by this bill, nor to fix the price or rate therefor; but the board of public works shall, in all cases, except as herein otherwise expressly provided, prepare and submit to the common council estimates of costs of any proposed work, and, under direction of the ordinance, shall advertise for bids, and let out said work by contract to the lowest responsible bidder, subject to the approval of the common council. Any other mode of letting out work shall be held as illegal and void. [Laws 1891, p. 52.

SEC. 21. Board discontinued-how.-At any time. that a majority of the voters voting at any general election shall vote for a discontinuance of the board of public works herein authorized, said board shall be dispensed with and the laws at the time governing cities of the second class shall take effect and be in force, and said board shall cease to exist; but all contracts made by said board as herein provided shall continue in force as though said board still existed. [Laws 1891, p. 52.

SEC. 22. Laws not inconsistent to remain in force. All laws governing cities of the second class not expressly inconsistent with the provision herein shall be and remain in full force and effect. [Laws 1891, p. 52.

SEC. 23. Board not to be created unless by a majority of votes.-No board of public works shall be organized in any city to which the provisions of this act are applicable, until the proposition for the establishment thereof

shall be submitted to the voters of such city at a general election, and approved by a majority of the votes cast at such election. At the time of the submission thereof, the elective members of the board of public works provided for by this act shall be voted for, but in the event the proposition to establish a board of public works fails to receive the approval of a majority of the votes cast at such election, the election of such members shall go for naught. [Laws 1891, p. 52.

ARTICLE XXIII.

PUBLIC WORK-BONDS OF CONTRACTORS FOR.

SECTION

1. Contractors for public works required to execute bonds.

SECTION 1.

SECTION

2. Who may sue on such bond, copy of bond sufficient evidence of its execution.

Contractors for public works required to execute bonds.-All counties, cities, towns and school districts making contracts for public work of any kind to be done for such county, city, town or school district, shall require every contractor to execute a bond with good and sufficient securities, and such bond among other conditions shall be conditioned for the payment for all material used in such work, and all labor performed on such work, whether by subcontract or otherwise. [Laws 1895, p. 240.

SEC. 2. Who may sue on such bond-copy of bond sufficient evidence of its execution.-Every person furnishing material or performing labor for any contractor with any county, city, town or school district, where bond shall be executed as provided in section one, shall have the right to sue on such bond, in the name of such county, city, town or school district, for his use and benefit; and in such suit it shall be sufficient to file a copy of such bond, certified by the clerk or secretary of such county, city, town or school district, which copy shall, unless execution thereof be denied under oath, be sufficient evidence of execution and

delivery of the original: Provided, however, that this act shall not be taken to in any way make such county, city, town or school district liable to such sub-contractor, materialman or laborer to any greater extent than it is liable under the law as it now stands. [Laws 1895, p. 240.

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SECTION 1. Franchises to be sold at public auction. The public authorities of every county, city, village or other municipal or public corporation, to whom application may be made by any private company, copartnership, corporation, individual or individuals, for consent to the construction, extension, maintenance, occupation or use of any electric lighting plant, or plant for the generating, transmission, sale or use of electricity; gas lighting plant; street railway, or railroad for the transportation of either freight, passengers or mails; telephone or telegraph plant, or plant for supplying water, above, across, along, beneath or through any highway, road, avenue, alley, park, square, street or other public lands, must provide, as a condition precedent to the granting of such consent, that the franchise, privilege and right of such occupation and use of any such public places for any such private purposes shall be sold at public auction to the responsible bidder who will give the largest percentage yearly of the gross receipts derived from such occupation and use, with adequate security, as hereinafter provided, for the payment thereof and for the prompt construction and completion of the proposed plant: Provided, that such payment shall in no case be less than two per cent of the gross earnings during the first five years of such occupation and use, and thereafter, for each

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