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shall have complied with the above requisition and who will sufficiently guarantee, to the satisfaction of said board, the performance of said work, under the superintendence and to the satisfaction of said board: Provided, that the contract price does not exceed the estimate, or such other sum as shall be satisfactory to said board; copies of which contracts shall be filed in the office of the comptroller of said city.

letting of work.

817. The board of public works shall reserve the right, Suspension or rein their said contracts, to finally decide all questions arising as to the proper performance of said work; and in case of improper construction, to suspend said work at any time, and re-let the same; or to order the entire reconstruction of said work, if improperly done; or re-let the same to some more capable and faithful contractor or contractors, with power hereby given to said board to adjust the difference of damages or price, (if any there be,) which the contractor or contractors failing to properly construct such work, in such cases of default, should, in their opinion, pay to the city, according to the just and reasonable interpretation of such contract; which difference or balance shall be recoverable at law in the name of said city, before any court having competent jurisdiction thereof, against such contractor or contractors. In all cases where the contractor or contractors shall proceed to properly perform and complete their said contracts, the said board may, in their discretion, from time to time, as the work progresses, grant to said contractor or contractors an estimate of the amount already earned, reserving fifteen per cent. therefrom, which shall entitle the holder or holders to receive the amount that may be due thereon when the money applicable to the payment of such work shall have been collected and the conditions annexed to said estimate, if any, shall have been satisfied. Any persons taking any contracts with the city, and who agree to be paid from special assessments shall have no claim or lien upon the city in any event, except from the collections of the special assessments made for the work contracted for; and no work to be paid for by a special assessment, shall be let except to a contractor or contractors who will so agree.

in default of con

§ 18. In case the prosecution of any public work should Proceedings be suspended in consequence of the default of any contractor, tractor. or in case the bids for doing any such work should be deemed excessive, or the persons making proposals not responsible or proper persons to be entrusted with its performance, the board of public works may, with the written approval of the comptroller, where the urgency of the case and the interests of the city require, employ workmen to perform or complete any improvement ordered by the common council: Provided, that the cost and expense thereof shall in no case exceed the amount assessed or sum appropriated for completing the

same.

Contract without notice.

Memb'rs of board

est in contract.

$ 19. All supplies of materials, or necessaries of any kind, exceeding in amount the sum of five hundred dollars, shall be purchased by said board of public works, when practicable, by contract with the lowest responsible bidder, as is provided for the making of contracts for the doing of work.

§ 20. Whenever the said board of public works shall deem it necessary for the interests of the city, and to protect the same from great loss and damage, they shall report to the common council such necessity, and the reason for the same, asking from the council the power to enter into a contract (specifying such contract) without giving the notice in this act required to be given before letting a contract; and the common council, on being satisfied of such necessity, may, by resolution, grant such power: Provided, threefourths of all the aldermen elected shall vote in favor of such resolution.

$ 21. All contracts entered into by said board of public works, and all bonds taken by them shall be entered into in the name of, and be made to, the city of Chicago.

22. No member of the board of public works, nor to have no inter- officer or clerk in their employ, shall be interested, directly or indirectly, in any contract made and entered into by said board of public works, for any work or for any materials to be furnished therefor; and all contracts made with said board in which any member or officer of said board shall be so interested, shall, at the option of the city, be declared utterly void and of no binding effect whatever; and any member or officer of said board interested in any contract shall thereby forfeit his office, and be removed therefrom on proof of such delinquency; and it is hereby made the duty of each member of said board of public works, and of the mayor, and of every officer of said city, to report to the common council any such delinquency when discovered.

Sewerage.

Bonds of sewer

commissioners.

§ 23. The board of public works shall have the exclusive charge and superintendence of the sewerage and water works of said city, and shall receive and collect all water rents, water taxes or assessments, and sewerage permits and licenses; and they shall report to the city treasurer once in each week all moneys so received by them, and at the same time pay over to said city treasurer all such moneys, with a statement of the same; to which account the same belong, and shall receive his receipt for all moneys so paid over.

§ 24. All bonds, contracts, agreements or obligations, age and water of what kind or nature soever, heretofore executed by the board of sewerage commissioners or water commissioners shall be carried out and completed by said board of public works. All contracts entered into by said board on account of the sewerage or water works of said city, shall specify that they are for such works, and are to be paid out of the funds pertaining to such works.

board of public works.

$ 25. The board of public works shall, on or before the Annual report of first day of May in each year, submit a statement to the comptroller, to be by him laid before the common council, with his annual estimate, of the repairs and improvements to be paid for out of the general fund of the city, and necessary to be undertaken by said city during the current year, and of the sums by said board of public works required to make such repairs and improvements, as near as the same can be estimated, which report shall be in detail, and such. estimate having been revised by the common council, the aggregate amount of the sums required after such revision. shall be provided for in the general tax levy to be laid on said city. All moneys hereafter to be paid to any person or persons out of the moneys so raised and appropriated, or out of the sewerage or water funds, or any special assessment fund, shall be certified by the president of the board of public works, or in his absence by the acting president of said board to the comptroller, who shall draw his warrant on the treasurer therefor, stating therein the particular fund to which the same is chargeable, and the person to whom payable; and such warrant shall be countersigned by the president, or in his absence by the acting president, of the board of public works and the mayor.

oath of office.

§ 26. The commissioners of the board of public works Commissioners' shall be sworn the same as other officers to the faithful discharge of the duties of their office; and no person hereafter elected shall act as a commissioner of said board until, in addition to the oath required of all city officers, he shall swear that he is then, and for the year immediately preceding has been, a resident freeholder in the division of the city from which he was elected, which oath shall be filed in the clerk's office.

$ 27. No member or officer of said board, or other officer of said city, and no member of the common council, shall either directly or indirectly receive any interest or profit whatever on account of the deposit of any of the funds belonging to the city; nor shall any member or officer of said board, or officer of said city, or any member of the common council, either directly or indirectly, make use of or borrow any of said funds for his own private benefit or advantage. The funds of said city in the hands of said board Place of keeping shall, until deposited with the treasurer of said city, as here- city funds. in before provided, be kept in such place or places of deposit as shall, by an order of said board, be directed, which order shall be entered upon the records of the said board: if either of the members or any of the officers of said board shall either directly or indirectly receive or appropriate for his own use or benefit any of the funds, money or property of the said city, or shall directly or indirectly take, pledge or borrow any of the said funds or property for his own use or benefit, such member or officer of said board shall be

deemed guilty of embezzlement, and shall be liable to indictment, and on conviction thereof shall be sentenced to imprisonment for a term of not less than six months normore than ten years, in the penitentiary of this State; and also be fined in a sum equal to the amount of the money embezzled. The members of said board shall be liable upon their bond for the loss of any or all moneys coming into the possession or control of said board.

§ 28. It shall be the duty of the said board to keep books of account, showing with entire accuracy the receipts and expenditures of the board, in such manner as to enable the same to be readily understood and investigated; and also to preserve on file in their office duplicate vouchers for all their expenditures, which books and duplicates shall at all times be open to the examination of the comptroller of said city, or to the finance committee of the common council, or to any other committee appointed by the common council.

Powers of coun

streets.

CHAPTER VII.

PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS.

§ 1. The common council shall have power, from time to time

First. To lay out public streets, alleys, lanes, and highcil concerning ways, and to make wharves and slips at the ends of streets, and extend, alter, widen, contract, straighten, and discontinue the same; and to purchase, and lay out public parks, squares or grounds.

Rivers.

Pubiic squares.

Expenses.

Grade of streets.

Second. To cause any street, alley, lane or highway, to be filled, graded, leveled, paved, curbed, walled, graveled, macadamized or planked; and keep the same in repair.

Third. To widen, deepen, or dredge out the Chicago river, or either of its branches, or any part or parts of the

same.

Fourth. To cause cross and side walks, area walls, lamp posts, and private drains, to be constructed and laid, relaid, erected, cleansed and repaired.

Fifth. To fill, grade, improve, protect and ornament, any public square, now, or hereafter, laid out.

§ 2. The expenses of any improvement mentioned in the foregoing section, shall be defrayed, save as is herein otherwise provided, by a special assessment upon the real estate benefited thereby, to be levied in the manner hereinafter prescribed.

§ 3. All applications or propositions for establishing the grade of streets, or for a change of grade, the erection of bridges and lamp posts, the grading, re-grading, paving, repaving, graveling and re-graveling, macadamizing, planking and re-planking of streets, alleys, highways, or lanes, the

etc.

construction and repair of sidewalks and private drains, the improvement of public grounds or buildings belonging to the city, except school houses, the widening, deepening or dredging of the Chicago river, or either of its branches, the Dredging river, opening, straightening, widening or closing of any street, alley, lane or highway, or for any other improvement, the doing of which is within the discretion and control of the municipal government of said city, shall hereafter be first made to the board of public works; or, if first made to the common council, shall be by them referred to said board. Upon receiving any such application, the said board shall proceed to investigate the same; and if they shall determine that such improvement is necessary and proper, they shall report the same to the common council, accompanied with an estimate of the expense thereof, and a proper ordinance or order directing the work. If they do not approve of such application, they shall report the reasons for their disapproval, and the common council may then, in either case, order the doing of such work, or the making of such public improvement, after having first obtained from said board an estimate of the expense thereof. The board of public works may also, in like manner recommend, whenever they think proper, any improvement of the nature specified in this section, though no application may have been made therefor; and in all cases the common council, after having obtained from said board an estimate of the expense, may make such changes in the proposed plan as may be petitioned for by any of the owners of the property to be assessed.

streets.

§ 4. Whenever the board of public works shall recom- Extending mend the opening, straightening, widening or extending of any street, lane, alley, or highway, in said city, or the widening of the Chicago river, or either of its branches, or any part or parts of the same, they shall furnish to the common council a plan or profile of the contemplated improvement, and shall also specially report whether, in their opinion, real estate to be assessed for said improvement can be found benefited to the extent of the damages, costs and expenses necessary to be incurred thereby; and whenever in any case they shall recommend to the common council the doing of any work, or the making of any public improvement, to be paid for by a special assessment, they shall with such recommendation certify to the common council whether the contemplated improvement is asked for by the petition of the owners of a majority of the property to be assessed for such improvement, and if the owners of a majority of the property so to be assessed, shall have failed to "petition therefor, the same shall be ordered only by the votes of at least three-fourths of all the aldermen present, such vote to be entered by ayes and noes on the record of the common council. The certificate of said board of public works shall

of

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