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1884.

How contractor to

SEC. 10. The contract shall provide for the comple- Contract to be comtion of said wing of said Capitol Building by the first led by Dec. 1st, day of December, 1884. During the progress of the construction and erection of said building the superintendent shall make out and file with the board on or before the first day of each and every month his estimates of the be paid. work done and material furnished by the contractor, and the board shall, after an examination of such estimates, certify to the auditor the amount found due the contractor upon the estimates. Upon such certificate being presented to the auditor, he shall draw his warrant on the said special fund, or Capitol Building fund in favor of the contractor, for eighty per cent of the amount so certified to by the board, and when the said contract and building is completed and final estimates made, the board shall certify this fact to the auditor, and he shall then draw his warrant for the balance on the contract; Provided, that the whole amount paid out under the provisions of this act, including the cost of advertising, plans, architect, builder, superintendent and every other expenditure under and by the provisions of this act. shall not exceed in the aggregate the sum of two hundred thousand dollars; and Provided further, that each person or firm to whom any such payment shall be made shall accept the same as payment in full of any and all contracts made, or liabilities incurred, by or in behalf of the State under any of the provisions of this act, and shall execute a release in writing, of all claims, and demands against the State, on account of any and all services rendered, or material furnished on account of said building or under the provisions of this act.

managers to in

spect.

SEC. 11. It shall be the duty of said Board of Man- Duty of board of agers on the first Monday of every month while the work progresses, to inspect the work on said building and to inquire into the manner in which the contracts are being executed, and if they shall find any portion of the work done or material furnished under said contracts of a character less valuable than stipulated for in said contract, they shall immediately give notice to the contractor that said work or material, as the case may be, will not be received, and unless such contractor immediately signifies his intention of procuring the proper material, or of re-constructing the work, as the case may be, and

Board to report to the general as sembly.

Superintendent to

before next regular session of the general assembly.

shall proceed immediately to do so, or in case he shall so signify and shall fail to furnish such new material, or perform such new work within a reasonable time to be fixed by said board, said board shall make known to him that his contract is rescinded and at an end, and such contract shall be re-let as originally provided for in this act, Provided, however, if the said contractor shall have furnished any material, or done any work on said building such as was contracted for, the said board shall have the right if in their judgment it is equitable and just, to allow the party its value and may issue their certificate on the auditor for the amount, and Provided further, that no part of the work shall be deemed accepted until the final acceptance on completion of the wing to be built.

SEC. 12. It shall be the duty of said Board of Managers to report to the General Assembly of the State at the next regular meeting thereof, the manner in which they have discharged their duties, the character and condition of the work done, the money expended, the various persons contracted with, the amount and character of the contracts, the date of the several bonds, taken together with the names of the obligors, the contracts which may have been forfeited, in whole or in part, and all other information relative to the erection of said building. Also an estimate of the amount required to complete the State Capitol Building.

SEC. 13. It shall be the duty of the superintendent report to the govt to make his report to the Governor on or before the first day of the next regular session of the General Assembly, of the manner in which the work has been executed, noting in said reports what contractors, if any, have failed to perform their contracts in whole or in part, and what injury or loss has resulted from such failure.

Emergency.

SEC. 14. In the opinion of the General Assembly an emergency exists, therefore this act shall take effect and be in force from and after its passage,

Approved February 11, 1883.

AN ACT

of mayor and his powers

TO AMEND SECTION 78, OF CHAPTER "C" OF THE GENERAL LAWS OF THE STATE OF COLORADO, ENTITLED "TOWNS AND CITIES AND ESPECIALLY CITIES OF THE SECOND CLASS." Be it enacted by the General Assembly of the State of Colorado: SECTION 1. That section (78) seventy-eight of chapter "C" of the General Laws of the State of Colorado, entitled "Towns and Cities in relation to Cities of the Second Class," shall be amended to read as follows: The qualified electors of cities of the second class, shall, on the first Tuesday in April in each and every year, elect Election of officers. a mayor, a city marshal, a city clerk and a city attorney, who shall each hold their office for the term of two years, and until their successors are elected and qualfied. The mayor shall be the presiding officer of the Duties city council and shall vote when there is a tie vote, but and compensation not otherwise. He shall in addition to the duties now devolving upon him by law, have full power to nominate all appointive officers, and if said persons, so nominated, shall receive a majority of the votes of the city council, at the first meeting thereof, after the election, held on the first Tuesday in April, as aforesaid, then they shall hold their offices for the term for which they were appointed, except sooner discharged by the mayor for good cause shown. When it may appear for the good of the city the mayor may remit the fines of any person or persons convicted for violations of the city ordinances. The mayor shall receive such salary for his services, payable quarterly, as the city council prior to his election may fix as hereinafter provided for. The marshal elected under the pro- Marshal shall give visions of this section as aforesaid, when elected, before entering upon the duties of his office, shall execute a bond to be approved by the mayor, and filed in the office of the city clerk, in such sum as may be fixed by ordinance, with two solvent securities, for the faithful performance

bond.

of the duties of his office. He shall receive such salary compensation. as may be fixed by ordinance, and shall be allowed the same fees as is allowed sheriffs and constables for like

and compensation.

Clerk and his duties services. The city clerk shall perform all the duties of his office as may be fixed by ordinance, and shall receive for his services the salary and fees as shall be fixed by ordinance. The city attorney shall, in addition to the duties fixed by ordinance, prosecute all cases before the police justice, all violations of the city ordinances, and he shall receive the sum of two dollars for each case he prosecutes to conviction before the police justice, to be taxed as other costs in the case; Provided, however, that the city shall not be liable to pay any of said fees so taxed; Provided, further, he shall receive no other compenCity council to fix sation. The city council shall at least as early as their last monthly meeting before such general municipal election, by ordinance, fix the salaries and fees, of all the officers of said city for the period for which they were elected or appointed, and they shall not increase or diminish the salary of any officer during his term of office except members of the council, who may hold over, who shall receive the same salary as that provided for the incoming members, for the remainder of their term of office.

fees and salaries.

Repeal.

Emergency.

All acts and parts of acts inconsistent with this act are hereby repealed.

SEC. 2. An emergency existing in the opinion of this General Assembly why this act should go into operation at once, it hereby becomes a law from and after its passage.

Approved February, 11, 1883.

Redemption of city warrants.

AN ACT

TO AMEND CHAPTER C. OF THE GENERAL
LAWS, "ENTITLED TOWNS AND CITIES.”

Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Be it enacted that whenever the Treas-
urer of any city or town, has any city or town funds on

hand in cash to the amount of five hundred dollars or over, it shall be his duty to immediately apply all such funds to the redemption of an equal amount of such outstanding city or town warrants or orders, with the interest due thereon, as may be entitled to a preference as to payment according to the order of time in which they have been previously presented to the treasurer of such city or town as evidenced by the registry of the orders of such city or town kept in his office as provided by law, and for this purpose he shall cause to be advertised for thirty days in some newspaper published in or nearest such city or town, a notice that he will redeem such certain city or town orders or warrants, with interest due thereon, stating their number and amounts on presentation at the treasury of such city or town, and that at the expiration of thirty days from the date of such notice, such orders or warrants shall cease to bear interest.

SEC. 2. It is hereby declared that an emergency Emergency. exists for the immediate taking effect of this act, it shall therefore be in force from and after its passage.

Approved February 19, 1883.

AN ACT

TO REDUCE THE LAW INCORPORATING THE
CITY OF DENVER AND THE SEVERAL ACTS
AMENDATORY THEREOF INTO ONE ACT,
AND TO REVISE AND AMEND THE SAME.
Be it enacted by the General Assembly of the State of Colorado:
ARTICLE I.

CORPORATE NAME AND BOUNDARIES.

SECTION 1. That the inhabitants of the City of Denver, in Arapahoe County, and State of Colorado, be and are hereby constituted a body politic and corporate

Name.

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