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Court may require plaintiff to pay into court the

amount he should justly pay, when.

No special assessment to be invalid by reason of guarantee to keep work good for term of years.

of such failure or such act or defect, and such issue shall be tried summarily by the court. In the event that in such action the validity of the assessment of benefits and damages upon which such special assessment certificate, tax sale or tax sale certificate is based, is attacked and such assessment shall be set aside, such issue shall only be tried after a new assessment has been had, as provided by section 1 of this act.

When such issue has been tried and determined, the court shall make an order requiring the plaintiff to pay into court, within the time to be limited in such order, for the use and benefit of the defendant, or parties entitled thereto, the amount which he ought justly to pay, or which should be justly and equitably assessed against the property in question, based upon the finding of the court upon such issue, or in case a new assessment of benefits and damages is had, upon such new assessment and such finding, and upon such payment being made within such time, the court shall order judgment for the plaintiff with costs, but, in the event that the plaintiff fails to pay such amount within the time so fixed by the court, the action shall be dismissed with costs in favor of the defendant.

SECTION 3. No special assessment or certificate thereof or tax sale certificate based thereon shall be held to be invalid for the reason that any contract which has been heretofore or may hereafter be let, contains on the part of the contractor a guarantee or any provision to keep the work done under such contract in good order or repair for a limited number of years, when such guaranty or provision was inserted therein for the purpose of insuring the proper performance of such work in the first instance. All such provisions in contracts for doing public work, inserted for the purpose aforesaid, are hereby legalized, and all such provisions shall be deemed prima facie to have been inserted for that purpose, unless the time during which the contractor is required to keep the work in good order or repair shall exceed five years.

SECTION 4. All acts or parts of acts which are inconsistent with this act, or not in harmony with its provisions and operations, are hereby declared to be modified, amended, superseded or repealed, in so far as they interfere with or are at variance with the true intent, meaning and operation of this act.

SECTION 5. The provisions of this act shall not apply to cities of the third or fourth class, whether operating under general or special charters.

Sewerage districts.

CHAPTER VIII.

SEWERS.

SECTION 1. The city of Milwaukee is hereby divided into three sewerage districts, as follows: All that part of the city embraced in the First, Third and Seventh wards, shall constitute one district, to be known as the East sewerage district. All that part of said city embraced

in the Second, Fourth, Sixth, Ninth, Tenth and Thirteenth wards, shall constitute one district, to be known as the West sewerage district. All that part of said city embraced in the Fifth, Eighth, Eleventh and Twelfth wards, shall constitute one district, to be known as the South sewerage district.

The Bay View sewerage district, comprising the Seventeenth ward, was created by chapter 37, laws of 1887.

district.

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SECTION 2. The board of public works of said city Diagrams for each shall cause to be made, from time to time, as fast as the preliminary surveys can be completed, diagrams for each such district, in addition to an extension of those already made and adopted under and pursuant to the provisions of chapter two hundred and seventy-four, of the local laws of 1870, which diagrams shall conform to the system of sewerage in the district and show the plan thereof, and contain, as nearly as practicable, the lots, blocks, and tracts of land, the main sewers to be constructed, the branch and minor sewers, the man-holes, the catch basins and their connections, through overflow pipes with the sewers, the sewers already constructed, and any other data deemed by them necessary for information; provided, that the plans for sewerage heretofore made and adopted pursuant to said chapter two hundred and plan to remain in seventy-four, shall remain in full force and be deviated from only by authority of the common council, and that all sewers already constructed under chapter three hundred and ninety-nine of the local laws of 1869, or chapter two hundred and seventy-four of the local laws of 1870, shall be considered as part of the plan, to be in no respect altered or changed, and that no other sewers previously constructed may be included in the diagrams to be prepared, so far as the same can be used in the proposed system of drainage.

SECTION 3. On the completion of any such diagram, said board shall give notice in the official papers of the city for at least six days, that a plan of sewerage is open at their office for inspection. Any person owning real estate in such district, may file with said board written objections to the said plan, stating therein the nature and reason of his objections, and may also suggest improvements to said plan.

Present sewerage

Present sewers not to be disturbed.

Notice of diagram

to be given.

SECTION 4. The said board may reconsider and modify said plan, and at the expiration of ten days after the time such notice shall have been given to said resident freeholders of the district, shall report such plan to the common council for its approval.

Municipalities have same rights to repel surface waters as private persons have, and they may discontinue and abandon sewers, if the land owners are not thereby left in a worse condition than if the sewers had never been made.

Waters vs. Bay View, 61 Wis., 642.

Hoyt vs. Hudson, 27 Wis., 656.

SECTION 5. The common council shall take such plan into consideration, and within thirty days after receiving the same, shall return it to the board approved, or if objected to, with a statement in writing of such objections, or of any alteration or improvements thereof which they may deem desirable.

SECTION 6. The said board may, on return of such plan by the common council, modify or change the same in accordance with the suggestions of the common council, or may prepare a different plan, which shall be again submitted to the common council, and may generally modify and change their action in the premises, until a plan shall be mutually agreed upon by the board and common council; provided, that no plan shall take effect until approved by the common council, and no plan thus approved shall be deviated from except by consent of the common council; and provided further, that sewers may be ordered and constructed in any district without the plans of such district being completed in their whole extent and all their details.

SECTION 7. On or before the first day of March in each year, the board of public works shall report to the common council the sewers necessary, in their judgment, to be built in each district, during the current year, in accordance with the plan, stating the precise location and extent of the same, and the kind of material of which they should be composed. The common council shall take such report into consideration, and may approve the same, and make such additions to it, or alterations in it in any respect as to them may seem best, and return the same to the board, and it shall be the duty of the board to carry out the work as directed in the report

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thus returned from the common council. The board may also from time to time, during the year, as may be necessary, recommend to the common council the construc- May recommend tion of other sewers than those contained in the general others. report, which recommendation the common council shall take into consideration and return to the board approved, negatived or altered, as may to them seem best, and the board shall carry out the work, as prescribed in the action of the common council; provided, that said board of public works shall, at least five days before the presentation of such recommendation to the common council, give notice by publication in the official paper or papers of the city, stating the day when such recommendation will be presented to the common council, and giving a general description of the proposed improvement and extension. Upon the presentation of such recommendation to said common council, with proper proof of publication of the notice above described, the same shall be referred to the appropriate committee, and considered and disposed of in the same manner and under the same rules, as are provided in the case of ordinances or resolutions creating a charge or liability against any city or ward fund; and provided further, that no sewer shall be built or contracted for by the board until the same has been authorized or ordered by the common council.

As amended by Section 3, Chapter 274, Laws of 1881, and further amended by Section 25, Chapter 324, Laws of 1882.

Sewers to be built only upon order of common council.

Board shall advertise for proposals.

SECTION 8. After the common council shall, by resolution or otherwise, have ordered the construction of any sewer, the board shall advertise for and receive bids to do the work so ordered, having first procured to be carefully prepared, and put on file in their office, for the examination and guidance of bidders, plans and specifications describing the particular work to be done, and the kinds and qualities of materials to be used, as directed by the common council, and shall let the contract to the lowest responsible and reliable bidder, subject, however, to the provisions of chapter five of this act. Provided, that any contractor for such work may procure Contractor may from the board of public works a license as a sewer procure license contractor, and at the time of procuring such license he upon giving bond. shall file with said board a bond in the penal sum of five thousand dollars, which bond shall be approved as to form

Contract shall be

let to lowest bidders.

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Bond, how conditioned.

Bond to be renewed when required.

and manner of execution by the city attorney and as to the sufficiency of the sureties therein by said board of public works prior to their accepting and filing the same, which said bond shall be conditioned that such contractor and bidder will execute and perform the work for the price mentioned in his proposals and according to the plans and specifications on file in case the contract shall be awarded to him, and in case of default on his part to execute a contract with satisfactory sureties and to perform the work for which he bid, said bond shall be prosecuted in the name of the city, and judgment recovered thereon for the full amount of the penalty thereof; which penalty shall be agreed upon as liquidated damages, unless the common council shall by resolution direct that no action shall be commenced. The bond herein provided for shall be renewed as often as required by said board, and shall be taken and accepted by said board until the license herein before mentioned is revoked by said board, as and in lieu of the preliminary bond accompanying bids and proposals, provided for in section 9, of chapter 5, of the Charter of the city of Milwaukee; nothing herein contained, however, shall prevent any person from making and presenting a bid and proposals pursuant to the provisions of chapter five, of the charter of said city.

As amended by Chapter 316, Laws of 1891.

When sewer work

to be done, board of public works shall advertise for proposals.

Advertisement to

be published six days.

CHAPTER 368, LAWS OF 1895.

AN ACT to provide for the manner of asking and receiving bids for public work or improvements ordered by the common council of any city of the first class in the State of Wisconsin.

SECTION 1. Whenever the laying and building of any sewer or the grading or making of any street or alley shall be ordered by the common council of any city of the first class as classified in Chapter 40 of Sanborn & Berryman's annotated statutes of the state of Wisconsin, and by chapter 238 laws of 1895, the board of public works of said city shall advertise for proposals for doing the same; a plan or profile of the work to be done, accompanied with specifications for doing the same, or other appropriate and sufficient description of the work required to be done and of the kinds and quality of material to be furnished being first placed on the file in the office of said board of public works for the information of bidders and others. Such advertisements shall be published at least six days in the official city papers, and shall state the work to be done and the time for doing the same, which time shall in all cases be such a reasonable time as may be necessary to enable a contractor with proper diligence to perform and complete such work.