Contractor to give undertaking. of under taking. stating that the specifications may be examined at the office of the village clerk and that on a day to be named in such notice and after the expiration of the time of publication the bids will be opened; said bids shall be sealed and deposited with the village clerk, who shall unseal and open them at such meeting in the presence of the board. § 9. Whenever any contract shall be let for such improvement, the contractor shall execute and deliver to the village of Batavia, in the name of the village, a bond in a penalty to be fixed by the board of trustees, not less than one-half the amount of the contract, duly executed and acknowledged with sufficient sureties satisfactory to the board of trustees, and said sureties shall justify collectively in the amount of the contract. No contract shall be binding on said village until a bond so executed and acknowledged and approved by the board of trustees shall be deposited with the clerk, to be safely kept in his office for the Conditions benefit of the parties secured thereby. Such bond shall be conditioned for the faithful performance by such contractor of his contract in accordance with the terms thereof, and to indemnify and save harmless the said village of and from all negligence or default on his part, and to pay or cause to be paid the wages and compensation of all laborers who shall be employed in work on or about such improvement, whether employed by him or any subcontractor or employee, and to pay for all materials furnished in or about such improvement, whether to him or any subcontracActions on tor. Actions or proceedings on such bond by the laborers and material men claiming to be secured thereby, shall be brought in their name or names, and separate actions may be brought by each or any number united by such laborers and material men, or one action by all; but the village shall not in any manner be liable or responsible by reason of such bond, or for any costs or expenses of any such action or proceedings thereon by any laborers or material men. No action shall be commenced on such bond after one year from the time when the cause of action accrued. The village shall not be held in any action brought or had under any contract made with the contractor as aforesaid, for any other or any greater liability than that expressed therein, nor required to pay out or otherwise dispose of any sums of moneys for the doing of such work or the furnishing of such bond or undertaking. Service water material greater than is stipulated in such contract, nor otherwise than in strict conformity with the stipulations thereof. § 10. The board of trustees shall also at any time before any such macadam or pavement is laid in front of any lot or parcel of ing of, etc. land by resolution require the owners or occupants of such lots or parcels of land fronting on any street, alley or public place or portion thereof which the board of trustees have directed to be macadamized or paved, cause service water pipes to be laid in front of such lot or parcel of land fronting on such street, alley, public place or portion thereof in such manner and at such distances apart as it may deem necessary and may determine the material to be used in such work and also cause to be made connections with the sewer in front of said lot or parcel of land fronting on such street, alley, public place or portion thereof, within such time and in such manner and with such kind and quality of materials and such distances apart as said board of trustees may deem necessary. The board of trustees shall thereupon cause a copy of such resolution to be published once a week for two weeks in the official newspaper of the village, and shall cause a copy thereof to be served personally upon the reputed owner or owners, occupant or occupants of each of said lots or parcels of land, and in case any such owner or owners, occupant or occupants shall neglect or refuse to cause such service water pipes to be laid and such water and sewer connections to be made in the manner, at such distances apart, and within the time, and of such materials specified in said resolution, then the said board of trustees may cause said pipes to be laid and said connections to be made, and the cost and expense of said water pipes and the laying of the same and of making said connections in front of each lot or parcel of land, shall be by them assessed upon such lot or parcel of land in the manner as hereafter provided. laying of § 11. Before any macadam or pavement is laid in any street, gas pipes, alley or public place in said village, the board of trustees shall also give notice in writing to any and all gas companies having mains, already laid in any street, alley or public place, or in any part thereof, which the board of trustees have directed to be macadamized or paved, to lay their respective service pipes in such street, alley or public place, in such manner and at such distances apart as the board of trustees may require; and in case any such company or companies shall neglect or refuse to comply with Assessment of expense. Assessment of expense for service pipes and sewers. such notice within such reasonable time as may be required by the board of trustees, the board of trustees may cause such service pipes to be laid, and the expense thereof shall be by them audited, and when audited, shall become and be a lien upon all property and franchises of said company or companies situate within the said village, from the time the improvement shall have been ordered, which lien may be enforced by an action at law against said company or companies for the recovery of the amount of such expense, with the costs of the action, and by the sale of the property upon any execution which may be issued upon a judg ment recovered therefor. § 12. The board of trustees shall within such time after the making of the contract for such improvement as herein provided as may reasonably be done, assess two-thirds of the actual expense of such improvement except where a street or public alley intersects or crosses the street or public alley macadamized or paved in pursuance of the provisions of this act, the actual expense of paving or macadamizing any such intersections or crossings shall be paid by the village at large; except also that where any street surface railroad company is required by law or by the terms of its franchise to make and complete any portion of such improvement, the owners of the lots or parcels of land in front of which the tracks of said railroad shall be laid, and the said village, shall be entitled to the benefit thereof and two-thirds of the actual expense of macadamizing or paving the remaining portion of the street, alley or public place, only, in front of their lots or parcels of land respectively, shall be assessed against said lots or parcels of land in the name of the reputed owners, occupant or occupants thereof, including all the necessary items of expense in this title mentioned, on the several lots or parcels of land fronting on that part of the street, alley or public place along which said improvement is to extend, in the name of the reputed owner or occupant as shall be in the same proportion to the entire amount locally assessed as the number of feet for which the same shall bound or front upon the street, alley or public place improved shall be to the aggregate number of feet frontage or bounds subjected to such local assessment, and the remaining one-third of such cost and expense shall be paid by the village at large. § 13. When sewers and service pipes shall have been made or completed by the village, in accordance with the provisions of this title, the actual expense of such additional improvement assess assess become liens. § 14. The assessment authorized by this title shall, without Review of unnecessary delay, be subjected to review in all respects as vil-ments. lage assessments are subjected to review. If the proper notices are given as required by law, and no objections are made, the assessment roll shall become and be final and conclusive by the acquiescence of the parties concerned. All objection which may be made pursuant to said notices, the said board of trustees shall consider and determine upon, and may affirm or reverse said roll, or amend the same, or correct any error therein, or annul the same, and proceed anew, and when said board of trustees shall have confirmed said assessment roll it shall be final and conclusive upon all parties concerned. When such assessment roll shall when have become confirmed or final as aforesaid, it shall be delivered com to the village treasurer, and the sums therein assessed upon the several parcels of land therein specified, together with the interest thereon, as it accrues, shall become a lien upon the said lots or parcels of land respectively, from the time such improvement shall have been ordered, superior to all other liens, rights, titles or estates therein. In case any assessment shall remain unpaid on Correction account of any irregularity, omission or error in any assessment ments. authorized in this act, or the laws in force when such tax was levied, or in case of error in the description of lands, or in the description of the owner or occupants, the board of trustees may, in its discretion, or upon the application of any person interested, proceed to correct such irregularity, omission, or error, or cancel, remit, or commute such tax or cause the amount so unpaid to be reassessed on the property, the assessment against which remains unpaid, or upon the owner or occupant thereof; and the board of trustees are hereby authorized and empowered to make such re of assess assess ments. assessments upon giving three weeks' personal written notice thereof, to the owner, agent or occupant of the property against which the amount remains so unpaid. They may direct the village treasurer to correct any irregularity, omission or error, and such reassessment or correction shall have the same effect as if said assessment had been properly made. Payment of § 15. Such local assessment shall become due and be paid by the owner of or persons interested in the lots or parcels of land upon which the same shall be assessed respectively in not more than ten equal annual payments of principal, with one year's interest each year, at the same rate per centum as called for by the bonds or certificates of indebtedness as herein provided, upon the whole amount unpaid. The first installment of principal and interest shall be due and payable at the time the annual assessment roll is placed in the hands of the treasurer of said village for the collection of taxes and the remaining installments of principal with one year's interest, shall be due and payable annually thereafter. Any tax or assessment authorized by this act shall bear interest after the same becomes due at and after the rate of ten per centum per annum, and the same shall become payable and a lien upon the land from which the assessment so in default shall be payable from and after the date when such improvement shall have been ordered. Any person or corporation paying any tax or assessment authorized by this act within twenty days from the time the same becomes due shall not be charged any fee for the collection thereof. After the expiration of the said twenty days, five per centum shall be added thereto and charged and collected by the treasurer. Such additional interest and collection fee so collected shall be credited to the paving fund of said street, alley or public place. Any person or corporation being the owner of or interested in any lot or parcel of land so assessed at any time after the confirmation of such assessment roll, must pay his or its assessment in full, together with all accrued interest to the treas. urer of the village. Nothing in this section contained shall prevent any person or corporation from paying the whole of his or its assessment remaining unpaid, or any annual installments thereof at any time after such assessment is completed, and the assessment roll is placed in the hands of said treasurer as provided by the last section, although the same is not due and pay able. |