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Div. 7.

Board of Improvements..

SEVENTH DIVISION: IMPROVEMENTS.

CHAPTER 1. BOARD OF IMPROVEMENTS.

CHAPTER 2. BOARD OF PUBLIC WORKS.

CHAPTER 3.

APPROPRIATION BY CITIES AND VILLAGES OF PRIVATE
PROPERTY TO PUBLIC USE.

CHAPTER 4. ASSESSMENTS FOR IMPROVEMENTS.

Ch. 1.

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SECTION 1. When the council of a city establishes a board of improvements, such board shall be composed of the mayor, civil engineer, the street commissioner, the chairman of the committee on streets of the council, and one freehold elector of the corporation, to be appointed by the mayor with consent of the council, for such time as may, by ordinance, be determined; provided, that in cities of the second grade of the first class, such board shall be composed of the mayor, the civil engineer, the street commissioner, one freehold elector of the corporation to be elected by the council, and the chairman of the committee on streets of the city council; and provided further, that in cities of the first grade of the first class, there shall be no such board, but the duties of the board, defined herein, are devolved upon the board of public works, mentioned in chapter two of this division, which board of public works shall, in addition to its other powers and duties, have all the powers and perform all the duties required of the board of improvements in this chapter

Composition of board of improve

ments.

Div. 7.

Duties of board.

May adopt rules and regulations,

etc.

Clerk of the board-bis duties, etc.

Board may employ superintendents of improvements,

etc.

No improvements with

out recommendation of board.

To superintend con

struction of public works, etc.

Petitions to

be presented to board, etc.

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not inconsistent with said chapter two. [73 v. 143, § 496; 73 v. 44.]

SEC. 2. The board shall supervise the cleaning, repairing, and improving streets, alleys, avenues, lanes, public wharves and landings, market-houses and spaces, bridges, sewers, drains, ditches, culverts, ship channels, streams and water courses, and the lighting all such public places as may be deemed necessary, within the corporation, under the control of the council of the city. [67 v. 78, § 497.]

SEC. 3. It may adopt euch rules and regulations for its government as it may deem necessary and expedient to effect the purpose of its organization, not inconsistent with the ordinances of the corporation or constitution or laws of the state. [66 v. 233, § 498.]

SEC. 4. It may appoint a clerk, whose duty it shall be to attend all meetings of the board, and keep a complete journal of all its proceedings, orders, and resolutions, which journal shall be at all times open for public inspection; it shall also be the duty of the clerk to perform such other duties as the board shall require; and he shall receive such compensation as the council, upon the recommendation of the board, may determine. [66 v. 233, § 499]

SEC. 5. The board may employ such person or persons to superintend and perform the work of making improvements as the interests of the corporation demand; and the services of such employés shall be paid for, on the recommendation of the board, in such manner as the council may determine. [66 v. 233, § 500.]

SEC. 6. No improvements or repairs shall be ordered or directed by the council in any corporation where such board exists, for any street, lane, alley avenue, market house or space, bridge, sewer, drain or ditch, culvert, navigable stream, water-course, ship channel, or public wharf or landing of the corporation, except on the recommendation of the board of improvements. [67 v. 79, § 501.]

SEC. 7. The board shall exercise such powers and perform such duties in the superintendence and construction of public works and improvements constructed by authority of the council, or owned by the corporation, and perform such other duties relating to the public improvements and the enforcement of ordinances relating to the streets of the corporation, as the council may, from time to time, prescrile. [6 v. 234, § 502]

SEC. 8. All petitions for improvements from owners of property shall be presented to the board, who shali report, from time to time, to the council when any such improvement is necessary or proper; and when an assessment is required, the same shall be reported, with an estimate of the amount to be assessed, to the council, which shall take such action thereon as may be deemed proper. [66 v. 234, § 503.]

SEC. 9. The council of a village, in which there is no civil engineer or street commissioner chosen by the electors,

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may appoint two resident freehold electors of the corporation, who shall hold their office for two years, and who, with the mayor, shall constitute the board of improvements of such corporation. [66 v. 234, § 504]

SEC. 10. Such board shall have the same powers and per form the same duties in respect to the village as are invested in and required of the board of improvements under the preceding sections of this chapter. [66 v. 234, § 505 ] SEC. 11. The members of the board of improvements shall not be entitled to receive any compensation for their services. [66 v. 234. § 506]

SEC. 12. In cities of the second grade of the first class, the board of improvements shall divide the city into not less than five nor more than eighteen districts, for the purpose of contracting for keeping in repair and cleaning the ditches, avenues, streets, alleys, and market places within such districts. [74 v. 103, $$ 1, 2]

SEC. 13. The board in such city shall advertise for ten days in not exceeding three newspapers of general circulation therein, for sealed proposals, for keeping in repair, removing the garbage as may be provided, and cleaning the ditches, catch-basins, avenues, streets, alleys, and marketplaces, within each of such districts, at a stated sum per annum, for each and every year, for the term of not less than one nor more than five years; provided, that separate proposals may be received and contracts made for any particular branch or division of the work herein provided for, at the option of the board of improvements [74 v. 209, § 2].

SEC. 14. Each bidder shall accompany his bid with a bond in the sum of one thousand dollars, to be signed by himself and two freeholders, to be approved by the board of improve. ments, to the effect that if the contract is awarded to him he will accept, and comply with, the terms thereof, and unless such pond accompany the bid, the same shall not be entertained by the board. [74 v. 104, § 3.]

SEC. 15. The contracts for each of such districts shall be awarded to the lowest and best bidder; the board may re quire from the successful bidder such additional bonds as it may deem proper, conditioned for the faithful performance of his contract; and all contracts shall be performed and carried out subject to the approval of the board. [74 v. 104, $3].

SEC. 16. All contracts shall be reduced to writing, signed by the contractor, and the mayor and the clerk of the board of improvements, and be subject to the approval of council; and after the expiration of original contracts, others may be entered into as provided in section fifteen. [74 v. 104, SS 4,7.]

SEC. 17. If a contractor abandon, or fail to perform, his contract, the board may cancel and re-let the same in the manner provided for letting original contracts. [74 v. 104,

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Div. 7.

How con

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SEC 18. At the end of every two weeks, if the contracts tractor paid. have been faithfully performed, the board shall give, upon demand by the contractor, a certificate to the city auditor for the one twenty-sixth part of the annual contract price; but the board may retain therefrom, as an additional guarantee for the faithful performance of the contract, such proportion thereof as it may deem just and equitable, which amount shall be stated in the contract; and upon presentation of such certificate to the city auditor, that officer shall draw his warrant upon the city treasurer for the amount stated in the certificate, which shall be paid by the city treasurer from the proper fund. [74 v. 104, § 5.]

Levy of tax for such purpose.

SEC 19. At the time of making annual estimates it shall be the duty of the board of improvements of such city of the second grade of the first class to make an estimate of the amount required for the payment of such contractors, which estimate shall be separately certified to the council, which shall, at the time of making the annual levy, provide a levy upon all the taxable property within the city for the amount so certified, which, when collected, shall be paid to the credit of a fund, to be called the street cleaning fund; but nothing herein contained shall be so construed as to authorize an increase of the tax which such city is permitted to levy. [74v. 105, § 6.]

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SECTION 1. In cities of the first grade of the first class

Div. 7.

Board of Public Works.

Ch. 2.

board.

there shall be a board of public works, composed of five Election of members, who shall be freehold electors of such city, and elected by the electors thereof, to serve for the term of five years; one to be elected at each annual municipal election held in such city. [73 v. 43, § 1.]

SEC. 2. Each member shall give bond with at least three Bond. sureties to the satisfaction of the council, in the sum of fifty thousand dollars, conditioned for the faithful performance of his duties, which sureties shall each be required to take an oath that he is worth the amount of the bond above all liabilities; and the bond shall also be subject to the approval of the mayor and city solicitor. [73 v. 45, § 11.]

Time of members devoted office, and

to duties of

salaries.

Daily sessions; quorum, etc.

SEC. 3. The members of the board shall devote their entire time and attention to the duties of their office, and shall each receive, as compensation, a salary of thirty-five hundred dollars per annum. [73 v. 44, § 1] SEC. 4. The board shall hold daily meetings, and three shall constitute a quorum for the transaction of business; the ayes and nays shall be called and entered upon a journal upon the passage of every resolution or order of any kind; and no resolution or order shall be adopted unless three votes are recorded in its favor. [73 v. 44, § 2.] SEC. 5. The board shall keep a complete record of all its Records and proceedings, and a copy from its records, certified by the clerk, shall be competent evidence in all courts; but a separate journal and record, and separate accounts, shall be kept touching all matters connected with the control of the water works of such city. [73 v. 44, § 2.]

SEC. 6. The members of the board shall have seats in both branches of the common council, and be entitled to take part in its proceedings and deliberations on all questions relating to matters under their charge, subject to such rules as the council shall, from time to time, prescribe, but without the right to vote; and one of the board may be compelled to attend every meeting of either board of council in the same manner as the members. [73 v. 44, § 3.]

SEC. 7. The board shall have power to employ such engineers, clerks, superintendents, laborers, and other persons as it may deem necessary for the execution of its duties, and fix their salaries and compensation; but the salaries of such engineers, clerks, and superintendents as are appointed for a definite period of time, shall be fixed within limits prescribed by the common council; and any of such persons may be removed by the board at any time. [73 v. 44, § 4.]

SEC. 8. The board shall have all the powers which, in other cities, are vested in the trustees of the water works, the board of improvements, the commissioners of sewers, the platting commission, and the park commissioners, as provided in the chapters in this title relating to those matters, and shall be governed by the rules prescribed by law for the .

books.

To sit in council.

Officers and employés.

To have pow ers of certain other boards.

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