Div. 7.

Estimate of

and material

government of those boards, when not inconsistent with the provisions of this chapter. [73 v. 44, § 5.]

SEC. 9. When the board deems it advisable to make a concost of work tract for the execution of any work, or the purchase of materials, for matters under its charge, a careful estimate shall be made of the cost of such work or material. [73 v. 43, § 6.]

to be made.

SEC. 10. In all cases where assessments are to be made, or where the estimated cost of any work or material exceeds five hundred dollars, the board shall transmit to council, with its recommendations, a resolution or ordinance, as the case may be, authorizing the execution of such work, or the purchase of such materials, at a cost not to exceed the amount of the estimate, which shall be transmitted. [73 v. 43, § 6.]

SEC. 11. Upon the passage by council of the resolution or ordinance, it shall be the duty of the board of public works to advertise for proposals, in accordance therewith, for a period of at least ten days, in one or more of the newspapers of general circulation in the city, for sealed proposals to do the work or furnish the material required; and the board shall award the contract to the lowest responsible bidder; provided, the cost under such bidder does not exceed the estimate transmitted to council. [73 v. 43, § 6.]

SEC. 12. Contracts shall be made in the name of the city, executed in behalf of the city by the presiding oflicer of the board, and filed in their office. [73 v. 43, § 7.]

SEC. 13. No member of the board, nor other person, whether in the employ of the board or otherwise, shall have power to create any liability on account of the board, or the funds under its control, except by express authority of the board, conferred at a meeting thereof, duly and regularly convened. [68 v. 99. § 4.]

SEC. 14. No member, officer, or employé of the board, shall be directly or indirectly interested in any contract, or work' of any kind whatever under its direction; and any contract or work in which any such person shall have an interest shall be void; it shall be the duty of any person having knowledge or information of the violation of this section forthwith to report the facts to the board; and the board shall give reason ble notice to the parties interested, and at the earliest convenient day investigate the same, and hear the evidence offered on both sides. [68 v. 99, § 5.]

SEC. 15. The board shall have power in such case to compel the attendance of witnesses and the production of books and papers; and the presiding officer shall have authority to administer the necessary oaths. [68 v. 98, § 5.]

SEC. 16. If a member of the board be involved in any such charge he shall not again sit or vote in the board until the result of the investigation is determined, announced, and entered on the minutes of the board; a majority of the board not involved in the charge shall be sufficient to decide the questions; and if an officer or employé of the board be

found, upon such inquiry, to have violated any of the foregoing provisions, such finding shall at once operate as a dismissal of such officer or employé. [68 v. 98, § 5 ]

SEC. 17. If a contract made or authorized by the board is found to violate any of the foregoing provisions, it shall at once become void and of no effect, and no money shall be paid for services rendered or materials furnished under the same. [68 v. 98, § 5]

SEC. 18. No money shall be paid at any time to any person claiming under a contract with the board until such person shall have first filed with the board, his statement under oath, disclo ing the names of all persons, directly or indirectly, interested in the contract, or in the proceeds or profits thereof, declaring that no person other than those named, are interested, and that no person forbidden by this chapter has any interest in the same. [68 v. 100. § 6.]

SEC. 19. In cases where the board may contract without the approval of the council, it may, in its discretion, purchase the necessary material and employ the necessary overseers and hands to do the work; and council may also, in special cases, on the recommendation of the board, authorize any work, no part of which is to be paid by assessment, to be done in the same manner. [73 v. 43, § 8]

SEC. 20. When it becomes necessary, in the opinion of the board, in the prosecution of any work, to make alterations or molifications in the specifications or plans of a contract, such alteration or modification shall only be made by order of the board, and such order shall be of no effect until the price to be paid for the same has been agreed upon in writing, and signed by the contractor and some person authorized thereunto by the board; provided the total cost of the work, with the addition of the price, so agreed upon, shall not exceed the original estimate. [73 v. 45, § 9 ]

Ch. 2.

Contract

void in such case.

Names of

parties interested in

contracts to be disclosed.

Contracts without approval of

council.

Power of council to

authorize work.

Contracts only moditied by order

of board.

Cost not to nal estimate. exceed origi

As to payment for ex

SEC. 21. No contractor shall be allowed anything for extra work caused by any alteration or modification, unless an order is made or agreement signed, as provided in the pre- tra work. ceding section, nor shall he, in any case, be allowed more for such alteration than the price fixed by such agreement. [73 v 45 $9.]

SEC. 22. The board shall publish all resolutions declaring the necessity of improvements; but the ordinance authorizing the improvement must be passed by council on the recommendation of the board. [73 v. 45, § 10.]

SEC. 23. No grant of the use of a street or highway in such city for the purpose of a street or other railroad, or an extension thereof, shall be made or renewed unless first recommended by the board; nor shall any such street or highway be used for supplying gas or water, or be broken up or obstructed for any purpose or on any pretense whatever, unless permission is first given by the board and attested by its clerk, in writing; nor shall a resolution or ordinance for the

To publish resolutions necessity of declaring

improvement.

Grant of use

of street

when recommendation of

board essential.

payment of money in settlement of claims for unliquidated. damages be passed, nor shall any binding agreement for such settlement be made by the common council, unless the payment or settlement of such claim be first recommended by the board; nor shall any property used or to be used for purposes under the control of the board, or for purposes of the city, be purchased, leased, or disposed of, without such recommendation being first made. [73 v. 46, § 12.]

SEC. 24. No resolution or order in which the expenditure of money is involved, ordinance, resolution, or order for the expenditure of money, nor contract for the payment of money, or for granting any franchise, or creating any right, or for the purchase, lease, sale, or the transfer of property, which shall have passed the common council, except such as levying special taxes for the improvement of streets, shall take effect, until approved by four members of the board; and for such final approval every such ordinance, resolution, order, or contract, shall be submitted to the board, after being ap proved by the mayor, or after being recommended and passed by the council, if disapproved by the mayor. [73 v. 46, § 13.]

SEC. 25. A member of the board may be removed from office for incompetency, inefficiency, neglect of duty, or unfaithfulness of trust, by a vote of two-thirds of all the members elected to the board of aldermen of such city; and all vacancies in the board otherwise than by expiration of the term for which such member was elected, shall be filled by appointment, to be made by the court of common pleas of the county in which such city is situated, until the next municipal election, at which time, the vacancy for the unexpired term shall be filled by election as herein provided, and the members of the board now in office shall serve until the expiration of their terms as heretofore fixed, unless a vacancy sooner occurs. [73 v. 46, § 14.]

SEC. 26. The revenues of the water-works shall be expended by the board. Contracts for water-works purposes shall be made by it only, and from said revenues the board shall pay the interest upon any bonds heretofore or hereafter issued by the city for water-works purposes, after the expenditure of the amount raised by the current levy of taxes to pay interest upon such bonds. [73 v. 46, § 15.j

SEC. 27. Nothing in this title contained shall be construed to repeal the acts of 1876 and 1877, 73 v. 211-214 and 74 v. 105-107, or affect any contracts now or hereafter made, or acts done or to be done by the board under said acts.

Div. 7.

Appropriation of Private Property.

Ch. 3.

CHAPTER 3.

APPROPRIATION BY CITIES AND VILLAGES OF PRIVATE PROP-
ERTY TO PUBLIC USE.

SECTION 1. Each city and village may appropriate, enter upon, and hold real estate within its corporate limits for the following purposes, but no more shall be taken or appropri ated than is reasonably necessary for the purpose to which it is to be applied:

1. For opening, widening, straightening, and extending streets, alleys, and avenues; also for obtaining gravel or other proper material for the improvement of the same; and for this purpose the right to appropriate shall not be limited to lands lying within the limits of the corporation. 2. For market space.

Purposes for which pri

vate property may be appropriated.

Streets.

Market

3. For buildings and structures required for the use of the space. fire department.

4. For public halls and necessary offices.

5. For prisons.

6. For infirmaries.

Fire depart

ment.

Halls.

Prisons, etc.

7. For work-houses.

8. For houses of refuge and correction.

9. For public hospitals.

Hospitals.

10. For public parks; and for this purpose the right to Parks.

Div. 7.

Gas and water works.

Schoolhouses and universities.

Cemeteries.

Wharves. levees, etc.

Bridges.
Canals.

Sewers, etc.

Water-closets, etc.

Additional

purposes for

which appropriation may be made.

Appropriation of Private Property.

Ch. 3.

appropriate shall not be limited to land lying within the corporation.

11.

For gas works.

12. For water works; and for this purpose the right to appropriate shall not be limited to lands lying within the corporation.

13. For school-house sites and grounds; and for this purpose the board of education shall select the site and recommend the appropriation; and for university sites and grounds, and for this purpose the board of directors of a university whose property is exclusively owned, and whose directors are appointed by the municipal corporation, shall select the site and recommend the appropriation.

14. For public cemeteries; for which purpose the right to appropriate shall not be limited to lands lying within the corporation; but no land shall be appropriated under this provision until the court is satisfied that suitable premises can not be obtained by contract upon reasonable terms; and no lands shall be appropriated upon which there may be a dwelling house, barn, stable, or other farm building, or orchard, or nursery, or valuable mineral or other medicinal spring or well actually yielding oil or sat water; nor shall land be appropriated for such purpose within two hundred yards of a dwelling-house.

15. For public wharves and landings on navigable waters. 16. For levees to protect against floods; and for this purpose the corporation shall have power to appropriate, enter upon, and take private property lying outside of the corporate limits, and may extend and strengthen its levees and embankments along a river or stream adjacent to the limits of the corporation, and may widen the channel of such river

or stream.

17. For necessary bridges.

18. For constructing, opening, excavating, improving, deepening, enlarging, straightening, and extending any canal, ship-canal, or water-course, located in whole or in part within the limits of the corporation, which is not owned in whole or in part by the state, or by a company or individual authorized by law to make such improvement.

19. For sewers, drains, and ditches; and for this purpose the corporation shall have power to appropriate, enter upon, and take private property lying outside of the corporate limits.

20. For public urinals, water-closets, and privies. 21. For lighting any public use. [70 v. 159, § 507.] SEC. 2. The power to appropriate may also be exercised for the purpose of opening or extending streets or alleys across railway tracks, and lands held or owned by railway companies, where such appropriation will not unnecessarily inter ere with the reasonable use of such road or land by the railway company; such power may also be exercised where