for street improvement. The provisions of the statute in relation to the payment of street improvement assessments by instalments on the signing of waivers and the issuance of bonds and coupons to anticipate the same and the duties of the treasurers of such city in relation to the same and the enforcement and payment of such assessments in proceedings for the improvement of streets by the board of public works shall apply to such assessments.

The above section 8706 is a part of section 3, Acts 1915, p. 689, which purports to amend section 1, Acts 1907, p. 55, which includes two sections, 103 and 106, of the act of 1905, p. 219. Section 8709 forms the other part of section 3, Acts 1915, p. 689, and also of section 1, Acts 1907, p. 55.

[Acts 1915, p. 689. In force March 13, 1915.]

8709. Certificate for damages.-106. It shall be the duty of the board of public works, upon the completion of the award of damages or whenever any time for delay as above mentioned shall have expired, to make out certificates for the proper amounts and in favor of the proper persons, upon the presentation of which to the head of the department of finance such person shall be entitled to a warrant on the city treasurer. Such certificates or vouchers shall, wherever practicable, be tendered actually to persons entitled thereto, but where this is impracticable, the same shall be kept for such persons in the office of the board of public works, and the making and fixing of such certificate shall in all cases be deemed to be a valid and effectual tender to the person entitled thereto, and the same shall be delivered to him on request. In case of a dispute or doubt as to which of the various persons said money shall be paid, said board shall make out such certificate in favor of the city attorney for use of the persons. entitled thereto, and said attorney shall thereupon draw the money and pay the same into court in a proper proceeding, requiring the various claimants to interplead and have their respective rights determined. In any case where an injunction is obtained because damages have not been paid or tendered, said board may tender such certificate for the amount thereof with interest from the time of entry upon the property, if any has been made, and all accrued costs, and thereupon the injunction shall be dissolved. The pendency of an appeal shall not affect the validity of a tender made under this section, but such city shall be entitled to proceed with its appropriation of the property in question. Provided, however, That when a lot or parcel of ground has sustained both benefits and damages because and on account of any improvements as set forth in the assessment roll therefor, said benefits and damages shall be considered as being setoff and satisfied one against the other to an equal amount thereof, and

the excess only, if any, of damages awarded over benefits assessed shall be payable under this section.

This section, 8709, is a part of section 3, Acts 1915, p. 689, which purports to amend section 1, Acts 1907, p. 55, which includes two sections, 103 and 106, Acts 1905, p. 219. Section 8706 forms the other part of section 3, Acts 1915, p. 689, and also of section 1, Acts 1907, p. 55.

[Acts 1915, p. 82. In force April 26, 1915.]

8709a. Buildings in certain cities, election.-1. That whenever a petition signed by a number of freehold voters of any city in the State of Indiana having a population of not less than 4,000 and not more than ten thousand (10,000) or less according to the last preceding United States census, which number of freehold voters is equivalent to twenty (20) per cent. of the vote cast at the last preceding general election, is presented to the common council of such city, asking for the erection or repair of any city building or buildings in such city, such common council shall call an election to determine whether or not such building or buildings shall be built, or whether or not land for the building of the same shall be purchased, or whether or not such repair to such building or buildings shall be made, such election to be held within sixty (60) days from the presentation of such petition and to be governed by the election laws now in force in the State of Indiana governing elections in such cities: Provided, That any building or buildings so erected or repaired shall be used exclusively for the accommodation and housing of the various city officers and departments, including the city council, the fire and police departments, the several municipal officers and for any other distinctly municipal purpose.

8709b. Election equivalent to ordinance.-2. If a majority of the votes cast at such election are in favor of the petitioners' request relative to the erection or repair of such building or buildings, or purchase of land for building thereon, such vote shall have the same force and effect as an ordinance duly enacted by such common council providing for such purchase of land, erection or repair of such building or buildings and such city shall be bound in the same manner and limited by the same provisions in the performance of the duty made mandatory by such vote, as if in compliance with a duly enacted city ordinance.

8709c. Cost of election.-3. (a) If a majority of the votes cast in such election are in favor of the petitioners' request, the cost of such election shall be borne by such city in the same manner adopted for the usual conduct of city elections. (b) If a majority of the votes cast in such election are against the petitioners' request then the cost of such election shall be paid by those signing such petition, the signing of such petition being prima facie evidence of a contract

with such city to bear a proportionate share of the expense of such election in the event of a majority of the votes cast in such election being against the petitioners' request. Such city shall be entitled under such contractual obligation to proceed against such petitioners for the collection of such proportionate share of such expense as it shall see fit.

8709d. Purchase of land, plans and specifications, contract.-4. If a majority of the votes cast at such election are in favor of the petitioners' request then the common council shall proceed to negotiate for the purchase of such land or adopt plans and specifications for the erection or repair of such building or buildings in the manner as is now prescribed by law. After such negotiation or adoption of such plans and specifications, the common council shall advertise for bids as is now prescribed by law for city contracts and shall award the contract therefor in the same manner: Provided, however, That in no event shall such purchase price or contract price for such lands or the erection or repairs of such city building or buildings be in a sum greater than two (2) percentum of the assessed valuation of the property assessed for taxation in such city.

8709e. Bonds may be issued.-5. Immediately upon the purchase of land or the letting of the contract as specified in section four (4), the common council shall cause to be issued negotiable bonds bearing the date of letting of such contract with four and one-half (41⁄2) per cent. per annum and running from one (1) to twenty (20) years and denominated "city building bonds." Two (2) weeks advertisement shall be made and said bonds sold to the highest bidder and the money derived from such sale of such bonds shall be placed in a separate fund and used only for the payment for such purchase of land or erection or repairs of such city building or buildings. 8709f. Payments on estimates.-6. The contractor for such erection or repair of such city building or buildings shall be entitled to such payments on estimates furnished by the architect or city engineer of work done as shall be provided for in the terms of such contract as the common council shall determine upon.

8709g. Tax levies.-7. To meet the interest and principal due on such bonds as they become due, the common council of such city, in the manner as now prescribed by law, shall each year, after the issuing of such bonds until finally paid, cause to be levied in addition to other tax levies a sum sufficient to meet such bonds and interest as they become due, which shall not be restricted by the two (2) percentum limit now governing tax levies for general fund pur

poses.

8709h. Separate fund.-8. The money received as payment of such bonds and interest shall be kept in a separate fund and applied only to the payment of such interest and bonds.

[Acts 1921, p. 324. In force May 31, 1921.]

8710. Order for improvements, notice, materials.-107. Whenever the board of public works shall desire to improve a street, alley or other public place in said city, in whole or in part, with one of the kinds of modern pavements, said board shall adopt a preliminary resolution of such improvement. Said board shall at the same time adopt and place on file general details, drawings and general specifications for such work. Said board shall, at the same time, adopt and place on file detailed plans and specifications for curbing the roadway (if necessary), and for one or more kinds of foundation of the pavement proposed to be laid, which specifications shall describe a curb and foundation suitable for use in connection with the wearing surface of any of the kinds of modern city pavements. Said board shall, at the same time, adopt and place on file not less than four sets of detailed specifications, each describing the wearing surface of a certain kind of the kinds of modern city pavements. Notice of such resolution shall be published once each week for two weeks, which notice shall call attention to the passage of the preliminary resolution and shall state on a day named, not less than ten days from the

date of the last publication, when the board will hear all persons interested or whose property is liable to be assessed for the proposed improvement, and will decide whether the benefits to the property liable to be assessed for such improvement will equal the estimated cost thereof. And a like notice shall be sent by mail to each property owner affected by the proposed improvement: Provided, That the mailing of said notices to the names of owners as they appear on the assessor's books of the county in which the land is located shall be considered a compliance with this requirement: Provided, further, That nothing contained in this section shall affect the legality of the proceedings. Not less than ten days before the day fixed for such hearing, the engineer shall file with said board an estimate of the maximum cost of the most expensive pavement designated by said board, and no contract shall be let under such resolution which shall exceed such engineer's estimate. Such estimate may include the cost of the guaranty and maintenance of said pavement for a period not to exceed three years. Any contract executed in violation of this provision shall be void to the extent of such excess: Where contractors for improvements are required to guarantee their workmanship and all materials used in such work, the guarantee shall be in the following form:

"The contractor warrants his workmanship and all materials used in the work and agrees that during the guarantee period specified he will at his own expense make all repairs which may become necessary by reason of improper workmanship or defective materials. Such maintenance, however, shall not include any damage to the pavement or to the foundation thereof or to any of the other items of work embraced by this contract resulting from any forces or circumstances beyond the control of the contractor, nor is it intended that the contractor shall become a guarantor of the plans and specifications furnished by the city.

In case such repairs become necessary the city shall give written notice to the contractor to make the same, and in case of failure of the contractor to commence such repairs within thirty (30) days after such notice is received, the city may make such repairs either by its own employes or by independent contract, and may thereupon recover from the contractor and his sureties the reasonable cost of the repairs so made, together with the cost of the supervision and inspection thereof. The city shall have sixty (60) days after the expiration of said guarantee period in which to notify the contractor of any such repairs necessary on the date of such expiration. Whenever the repairs necessary to be made at the expiration of the guarantee period shall amount to more than fifty percent (50%) of the