INTERNATIONAL FALLS PRESS. by the general laws, and all provisions in such laws contained, ties and employed in the construction or making of any public properly ruled and headed so as to show at all times a substantial shall be applicable, as near as may be, to contracts herein improvements provided for in this chapter, the cost of which description and history of each assessment on each lot authorized. Every such bond shall be filed together with the is to be assessed upon property benefited thereby, the street and parcel of ground, whether payable in installments as hereinafter contracts in the office of the city clerk. commissioner or city engineer shall immediately upon the provided and whether paid to the city or county treasurer Bond Required With Bid.—Section 19. The city council completion of said improvement certify the cost of such material or remaining unpaid. shall have power to require all bids, for the doing oi all work so furnished and employed in the making of said improvement, Warrants for Collection.—Section 27. When any special assessment or the furnishing of all skill or material, authorized by this and all work in connection therewith, to the city authorized by this chapter shall be confirmed and chapter, to be accompanied by a bond, on the part of the bidder, council, and such certificate shall be placed on file with the established by, the city council, as herein provided for it in such sum and with such sureties as said council may city clerk for the inspection of all parties interested the shall be the duty of the city clerk to issue a warrant for 'the prescribe, or in lieu of such bond a certified check payable to amount so certified shall be deemed a part of the cost of collection thereof, which shall be under the seal of the city the city upon a bank located in the city, or cash of the same the improvement so to be assessed, and an assessment shall and signed by the mayor and the city clerk, and shall contain amount, conditioned that he will enter into a contract with the be made therefor, levied and collected in the same manner a printed or written copy of the assessment roll as confirmed city for the doing of the work or the furnishing of tl.e skill or as though said work had been performed and said material as aforesaid, or so much thereof as describes the real material for the price mentioned in his bid, and according to delivered by contract, as hereinbefore provided. estate and the amount of the assessment in each case. the plans and specifications thereof in case the contract shall Stagnant Pools of Water, Etc.—Section 13. Whenever the Warrants to be Delivered to Treasurer.—Section 28. All be awarded to him and in case of default on his part to sign board of health shall report to the city council that stagnant warrants issued for the collection of any special assessment, and enter into such contract or of failure to furnish the required or impure water stands upon any lot, lots or parcels of land and herein authorized, shall be delivered by the citv clerk bond therefor, within the time prescribed by the city within the city, thereby creating a nuisance injurious to public to the city treasurer as soon as practicable after the said assessment council in and by the specifications therefor, the same shall health, said council shall immediately proceed to investigate has been confirmed and established. be deemed forfeited, and if a check or cash be so deposited the the same, and if it shall determine that a nuisance does exist Treasurer to Give Notice.—Section 29. Upon the receipt same shall be the property of the city absolutely, and in case by reason of any stagnant or impure water standing upon of any warrant for the collection of any special assessment authorized of a bond the same may be sued and a judgment recovered any lot, lots or parcels of land, and that the same is injurious by this chapter, the city treasurer shall forthwith thereon by the city for the full amount in any court having to public health, it shall instruct the street commissioner or give notice, by one publication in the official newspaper, that jurisdiction of the amount. city engineer to prepare and recommend a plan and specifications such warrant is in his hands for collection, briefly describing Assessment for Local Improvement.—Section 20. It is hereby for the abatement of said nuisance, together with an estimate its nature and the improvement for which such assessment made the duty of the city council to make without unnecessary of the expense, which shall be submitted to said council has been made, and the territory embraced in such assessment, delay, at the proper time or times, all assessments and filed with the city clerk, the same as other public improvements Provided, that when such assessment is for sprinkling, a for local improvements authorized by this chapter. designated in this chapter, and if said council reference in such notice to the number of the sprinkling district Benefits Assessed.—Section 21. Upon the completion of deems that sufficient real estate can be found benefited to the for the sprinkling of which such assessment has been made, any improvement authorized under the provisions of this chapter, extent of the damages, costs and expense necessary to be incurred shall be deemed a sufficient reference to the territory embraced whether heretofore or hereafter made, the city council thereby, it shall order the doing of said work in the in such assessment. Such notice shall require all persons interested shall proceed without delay to apportion and assess the cost manner hereinbefore provided, and the same proceeding shall to make payments within thirty (30) davs from the of such improvement, when not herein otherwise provided, be had in relation thereto by the city council and other city date of such notice, at his office, or. at the option of said upon the real estate by it deemed benefited, to the extent of officers as in case of other local improvements provided for in treasurer, at some bank in the city acting for such treasurer the benefits received, and in proportion, as near as may be, this chapter, and the cost thereof shall be assessed upon the To be Paid Within 30 Days.—Section^O. If the assessment to the benefits resulting thereto from the improvement and it property benefited as hereinafter provided. charged in any special assessment warrant made for anv improvement shall constitute no objection to such assessment that the Changes and Modifications.—Section 14. If the city council, whatsoever under the provisions of this chapter, amount thereof either exceeds or falls short of the original in carrying out any of the provisions of this chapter, should shall not be paid within thirty (30) days after the publication estimate of the cost of the improvement submitted to the city find unforeseen obstacles in grading, excavating, filling, or of the notice by the city treasurer "that he has received abating nuisances, or in constructing sewers or drains, not council, or that the city has not fully adjusted all matters with such warrant for collection, said treasurer shall return to provided for, it may by resolution order such change or modification the contractor for said work, or approved his final estimate the city clerk a list, duly certified by him, said treasurer, of in such improvement to meet such unforeseen obsta:les, therefor, or that the council has refused at that time to relieve the assessments so made which still remain unpaid, giv'inoin as it may deem equitable and just, upon the recommendation the said contractor from further duties in connection therewith. such list a description of the several lots and parcels on of the street commissioner or city engineer in charge of In all proceedings and advertisements for the making and which the assessment had not been paid, with the names of collection of any assessment under this chapter, letters, figures, such work, at any time before or after the letting or making the respective owners thereof, if known, and the several and the usual and customary abbreviation may be used of any contract to do the same, or at any time while the work amounts assessed thereto. is in progress, by an affirmative vote of two-thirds of all to denote lots, parts of lots, lands and blocks, sections, townships, Certified Delinquent Assessments to County Auditor. The the members of the council and any additional expense occasioned ranges and parts thereof, the year, and the amount such city clerk shall thereupon add to each delinquent and unpaid by such change, addition or modification of the improvement assessment shall be in writing, in which shall be given a description assessment a penalty of ten per cent, and before the first day may be included in the assessment therefor upon of each lot or parcels so assessed, the name of the of November following, transmit a duly certified list of such the property benefited by such improvement, but no additional owner thereof, if known, and the exact amount assessed thereto. unpaid assessments, with a description of the several lots and expense shall be incurred other than may be necessary to overome parcels of land on which the same are made, and the names such unforeseen obstacle: provided, that if the expense Objections to Assessment.—Section 22. Upon- the completion of the respective owners thereof, if known, to the Auditor of required to overcome such unforeseen obstacle will materially of an)' assessment authorized by this chapter, the said Koochiching County, who shall enter the several amounts of increase the cost which would be incurred in the work, if council shall direct that the same be placed on file with the the said unpaid assessments on the tax list for said city for city clerk and shall appoint a time not less than ten (10) days such unforeseen obstacle had not occurred, then the city council the next ensuing year, and lev}- the same upon the several distant, and a place when and where it will meet to consider shall have power, by resolution in writing, adopted by an lots and parcels of land to which the same are respectivelv affirmative vote of two-thirds of all the members of the and act upon such assessment, and the city clerk shall thereupon chargeable, and shall thereupon be enforced and collected as council, to rescind the contract therefor so far as the uncompleted cause notice of such meeting, and the time, place and other taxes on real estate are enforced and collected under part of the work is concerned, and may, in its discretion, purpose thereof, to be given by one publication of such notice the general laws of this State. after such recision, order the work to be re-let as other in the official newspaper of the city, at least five (5) days prior Not Invalidated by Informality.—Section 31. No assessment work is let under this chapter, and the original contractor in to the time so appointed for said hearing in such notice shall in this chapter provided for shall be set aside or be invalid such case shall be entitled to be paid for the portion of the be given a brief description of the improvement for which the by reason of any informality in the proceedings prior work done by him, ratably, according to contract price, as assessment has been made and the territory embraced in such to the entry thereof on the tax list by the Auditor^ of said nearly as the same can be ascertained, and no more. assessment, and shall be to the effect that such assessment is county, as hereinbefore required, unless it shall appear by on file with the city clerk and open to the inspection of all City to Complete Unfinished Contracts.—Section 15. If, in reason of such informality or irregularity substantial injury interested parties, and that all objections to the same must be the opinion of tfte council and the street commissioner or enineer has been done to the party or parties claiming to be aggrieved. filed in writing with the city clerk at least one day, Sundays in charge, any work under any contract authorized by New Assessments in Case of Error.—Section 32. If for any and legal holidays excepted, prior to said meeting, and that this chapter, does not proceed each month so as to insure its cause the proceedings of the city council, or any of its officers, unless sufficient cause is shown to the contrary the same may be found irregular or defective, whether jurisdictional completion within the time named in the contract, the street will be confirmed Provided, that if such assessment be for or otherwise, the said council may make a new assessment .commissioner or city engineer in charge of such work shall sprinkling, such notice need not contain a description of the from time to time, and as often as needs be, upon the have power, when authorized by resolution of the city council, territory embraced in such assessment, and a reference to the real estate benefited and on which no payment has been made to furnish and use men and materials to complete the work, number of the district, for the sprinkling of which the assessment and charge the expense thereof to the contractor, and the same for said improvement, until the full amount of all benefits is made, shall be deemed sufficiently definite. assessed have been realized from the real estate benefited by shall be deducted from any moneys due or to become due such Adjournment of Hearing.—Section 23. At the time and such improvement. contractor, or may be collected from him in a suit by said place so appointed, as provided in the last preceding section, Extension of Time—Annual Installments. Section 33. city. the said council shall proceed to consider said assessment and The city council shall have power and authority and mav, Violation of Contract, Etc.—Section 16. In all cases where hear all objections which parties interested may desire to make by resolution in writing adopted by an affirmative vote of "a the work for any improvement contemplated by the provisions thereto, and may adjourn as often as deemed expedient to a majority of all its members, extend the time for the payment of this chapter shall be superseded before final completion, or future time and place, and if none of the members is present of any assessment made and confirmed by it for the purpose the contractor shall abandon his work under his said contract, the city clerk may adjourn to some other convenient time and and as in this chapter designated, against any lot or parcel of or shall fail to perform the same for any cause, or if place, of which postponement all parties interested shall be land, and may provide that such assessment may be paid in at any time the work or any part thereof is unnecessarily delayed, required to take notice. All objections to said assessment shall annual installments of any number not exceeding five. When or the contractor is violating any of the conditions of his be in writing and filed with said city clerk at least one (1) such assessment is fully completed and has been confirmed contract or executing any of the same in bad faith, then at day, Sundays and legal holidays excepted, prior to said meeting and established the city council shall by resolution, determine the option of the city, and by an affirmative vote of a majority of the council Provided, however, that said council the number of annual installments, if any, in which such assessment of all the members of the city council, the contractor may be may, in its discretion, allow any party interested, who has accidentally may be paid, which resolution shall be attached to excluded from further control and superintendence of the work or inadvertently omitted to file his objection aforesaid, and form a part of such assessment roll. required by his said contract, and the city may then assume to do so at the time of meeting of said council. The Installments.—Section 34. If the city council shall adopt such control and superintendence and proceed to complete the council may give a new notice of such hearing if the previous the resolution, specified in the foregoing section, the city work on improvement, either by authorizing the street commissioner notice shall be found imperfect, or for any other reason. treasurer shall in his notice that the warrants are in his hands or city engineer in charge to procure and furnish The city council shall, after due consideration, make such for collection required by section 29 of this chapter, include all necessary labor and material, and complete the same by correction or changes in said assessment, and may revise a notice that the owner, or any person interested in any lot dav work, or, as the city council may determine, re-let the unfinished the same, as it may deem necessary to perfect and equalize or parcel so assessed and described in such assessment, may portion of such work and improvement in the same the same on the basis prescribed in this chapter, and shall confirm at his election and written request pay the sum assessed in manner, as nearly as may be, as provided in this chapter for and establish the assessment when so corrected and equalized. installments, as provided in such resolution. the letting of contracts in the first instance for such improvements, Said assessment, when so confirmed and established, Notice of Election to Pay in Installments.—Section 35. Any and in every case of such now contract the work shall shall be final, conclusive and binding upon all parties interested person desiring to pay such assessments in installments as be carried to completion and shall be paid for in the same therein, and the several amounts charged in such assessment, a condition precedent to the exercising of such right, shall manner as other like improvements, and any and all damages as so confirmed and established, against the several lots and file, in duplicate, a written notice of his election and request and increased cost of the work to the city, including both labor parcels of land therein designated, shall be enforced and collected for permission so to pay in annual installments, within thirty and material, shall be a charge against the original contractor as hereinafter provided. If any assessment be annulled (30) days after such publication, and before such assessment and shall be deducted from any moneys remaining unpaid to, or set aside, the city council shall proceed de novo to make becomes delinquent, with the city treasurer, and at the same or to become due to, such contractor, and the balance, if another and new assessment in like manner, and like notice time pay the first installment then due and payable. Upon any, may be collected by the city from him and his sureties shall be given as herein required in relation to the first, and failure to file such notice and request and to pay said first as provided by law. all parties interested shall have the like rights. In all cases installment, the whole amount of such assessment shall be Contractor Liable for Damages.—Section 17. Any contractor where an assessment has heretofore been made to defray the due and payable the same as though no extension of time or person who accepts a contract authorized by this chapter, cost of an specified in this chapter, and which has for payment had been provided for. improvement shall take the same with the condition that he shall be personally been heretofore or shall be herafter annulled or set aside for Upon the filing of such notice and request by the person and directly responsible for any and all loss, damage any cause, the city council shall without delay, make a new interested, the treasurer shall divide the said assessment into or injury which may arise, or in any way, directly or indirectly, assessment in like manner as in this chapter required for a the proper installments, make proper record of the same, be suffered by the city by reason of any occurrence while the first assessment. and transmit one of such duplicate notices to the city clerk! work is going on, and before acceptance thereof by the city who shall make note thereof in his record book of assessments! Chargeable to Railways.—Section 24. When, in any case, caused by any negligence or misconduct on his part or on the any portion of the cost and expense of making any improve-, Council May Waive Neglect.—Section 36. The city council part of his servants or employees in doing the same, and ment mentioned in this chapter, shall by virtue of any valid may at any time after an assessment becomes delinquent, upon every such contractor shall guard all such work by suitable law or ordinance, or by virtue of any contract, be chargeable a written application to it, waive the neglect so to elect within guards by day and with lights by night, so as to prevent any upon any railway company in the city, the amount or amounts the proper time, and may permit any assessment which loss, damage or accident. so chargeable may be assessed upon such railroad company, has become delinquent to be paid in installments as herein Contractor's Bonds.—Section 18. Before any contract what provided. and the balance only upon the real estate benefited thereby, ever for the doing of any work or furnishing any skill or ma and the city may collect the amount so assessed upon said Interest on Installments.—Section 37. Each of said installments terial contemplated in this chapter, for the making of any im railway company, by distress and sale of personal property so extended shall bear interest payable annually at a provement herein authorized, shall be valid for any purpose, in the manner provided for in the general laws of this state rate to be determined in and by such resolution, not exceeding the contractor therefor shall execute a bond to the city with in the case of taxes levied upon personal property, or by suit six (6) per cent per annum from the expiration of such thirty two or more sufficient sureties, or a surety company bond, as brought for that purpose Provided, however, that any (30) days after the publication of the notice provided in section the city council may prescribe, to be approved by the mayor, real estate belonging to such railway company subject to assessment twenty-nine (29) of this chapter. in such amount as the council may direct, not less than the under the general laws of this state or any valid Minimum of Installments.—Section 38. No assessment of contract price agreed to be paid for the performance of such ordinance or contract, and deemed benefited by said improvements, less than ten ($10) dollars against any one lot or parcel of contract, and in no event less than one thousand ($1,000) dollars, shall be assessed as in other cases. land shall be divided into installments, and no assessment conditioned as provided by the general laws of Minnesota Assessments, Lien on Real Estate.—Section 25. All assessments shall be divided so that the amount of any of the installments requiring the giving of bonds by contractors for public work levied under the provisions of this chapter shall be a into which it is divided shall be less than five ($5) dollars, and improvements, and conditioned further, that such contractor paramount lien on the real estate upon which the same may and the several installments may be of different amounts as will indemnify and hold harmless the city against any be imposed, from the date of the confirmation of such assessment. the said council may determine. damage, loss or injury which may arise in any way, directly or indirectly, be suffered by said city by reason of any occurrence When Installments Become Due.—The time for payment of Record of Special Assessments.—Section 26. The city clerk while the work is going on and before acceptance thereof the installments and for the enforcement of the same against by the city, caused by any negligence or misconduct on the shall keep in his office, in books to be provided for that purpose, the property affected by the assessment, shall be extended So part of such contractor, his servants or employes, in doing the a correct record of all assessments confirmed by the city that the several amounts shall become due and payable as same. Such bond shall in all respects be executed as required council and authorized by this chapter the said books to be I follows The first installment at the time the assessment "~v 4