St. Paul daily globe., 1895-05-21


grade so established. .>-c,u ou,
See. -. OBJECTION TO CHANGE Ot
GRADE. The owner Of property aouttllo
upon street, the grade o. \, !'ipH ~ natS t.i,n
once established, shall, WITHIN tniliy oEce Nee
DAYS after the publication or lhe OF aii in
changing the grade OF sucn street - AlI ~
tbp CiiIre of The city clerk his oDJHc'iol
thereto, and make claim for daiha6es ~ ~
his property caused by such cAanGg va, "
grade or be barred from making any clalhl
Tor damages. such objection shall contain
q description OF the property GAINED 10 oe pe
damaged and owned by such person "i,, Ia
the amount of damage clalMeu 70 NC NC
c1uead IN such prODerty by such change
Of grade and shall be Verlhed Dy 'ne o"H'l
or MS agent. ~, ,,o,,,tIc
Sec. 10. APPOINTMENT OF CoMM ,-l3 Md9- ~
SIONERS. Upon the filing OF any such o. o.
lection ana claim for damages, me Sr.y (,
council snail at any time aiier IHg NJ, ~ HING
ton of said period limited LOT Iilc ,+I,,lrs ts
OF objections appoint five 90 colhlllasloiiila
OF like Qualifications as herein preScilpeu
Tor commissioners IN conGellhatlon % Pei Pc"
ccediugs, TO appraise the uain1 se9 9i'1d 20 IN
TO the property or properties uescIloCu ue 70
encb affections and 10 award the same 10
owner or owners Of such property OF ptoP-
critics and to assess the amount Oh uoin-
ages so awarded upon the properly I,t, pTiiU
fi0u TO the beuehis received by each tract
or parcel without regard TO the casn Valua-
eItsed in excess of the benefits accrulng
70 such property; and TO report suCn
award ana assessment 10 the cItN eIpHI SouHSl4
EKS. The said commissioners shal De noti, o
ncd of their appointment, snail meet eve
lotice perform their duties and act IN nke
manner and shall be governed Dy tue salIe
rules as herein prescribed Lor coLlliilS'i0n
ers in condemnation proceedings ,oi
Said commissioners shall, IN making lheiI
award Of damages, appralse ana "MaIT Nlt
DANA geS caused to Gdch pdrCel VI - t!",S
Of property described in sucn opJeclloiio
and calm for damages made as neIedn m ~
prescribed, by reason OF sucA o Sn"Lo o,Iv
,IrIi in sn
damage 10 or interruption OF lne uoC W W
such property caused by the WorA l,6 uone u5
10 be done in making such street i 81
10 the grade us SO eSIaDllSueu anu dhI1 a., &c
1Yg}fno snrh damages to be awarded rs
aforesaid said commissioners snall + con, (ho
aideE aAd offset any Denenl AccI uln7 60 - -
said property by reason OIL such Cn,tns ic ~
zrads aad shall award only the excess u
daraages over such benefits, II any HAN
Sec. Z47 REPORT OF 20 20 NI-'a1.o'SnC. -, .o
FRS Said commissioners shall MAKE d re-
,,nrr of f5pir award Of damages ana assess
Ineuts for benefits, and in case IhG pGLloneS pG
grrruipg to the property from Sucn cnanSe
Of ory de are not as great as the udlua5Se
so awarded, they shall so Indicate III ,ec tnell
reDopt, stating the amount OF sucn excess
OF Ia aea35SseS 5s$ ACTION OF COUNCIL ON RE-
PORT, said report shall be filed ana pre-
seufcd TO the city council upon Ike houce,
md fae citv council shall act thereon III
like manner as herein prescrlpeu III
dennatian proceedings.
Sec, sts RIGHT OF APPEAL. ANY per
son aegfieved by such report shall have
the same right of appeal upon lhe S nIlnS
of objections in the manner prescrlDeG
hprein ia condemnation proceedings anu
tie proceedings on said appeal shalI pc Ine
same as are herein prescribed IN conue4lll"-
ton proceedings.
See $50. ABANDONMENT. In case the
city council shall not have commenced lne
work OF grading the street to conform ~ ~
the grade changed, 1t shall nave LHe Il9n 80 ~
at any time during the penuency Oh me
above proceedings, and until Sald pfoceeu-
fngs are confirmed by it, and III case Oh any
appeal from such confirmation, theu VIM w IN
siXtv (Gg dayS after the final order OF the
court upon such appeal, to abandon sucn
proposed change of grade by feSolu'lon on
passed to that effect, and theTeuP99h P9 ond %ii
proceedings had shall be abandoned anu
anpulled and the city council shaH lnefe-
upon repeal the ordinance changing sucn
grade. .,- ,,n ,S
SESSAIENT In case said proceedings are
confrmed by the city council or ny lne
order Of the court and not abandoned as
herein provided, the same shali De itad HLidi
and conclusive upon all parties mtereSteu,
and the city council shall proceed 10 leVS
any assessment upon the several pd,.ta6 paIceaS
described in the assessment llSC repoLiitI%
by the commissioners IN accoiudAcS W.. WI
the assessment as finally conhfmeu, anu
shall cause to be made, ana snaL aIopi HdpIi
an assessment roll Of the same, anu anu sn@Ir no
nav or cause to be paid within one year Yea!
from the time of the final deteflnlhaIlon
of such proceedings to the owner or oWnelS o.
of the property damaged by such cnafSe fS
of Grade the amount awarded tIeIeLoiii
1non such eWner furnishing an aDsti@acC @
OF title to such property, ana win ti tne
same right to require BOND, or pay tMne M
smeupt OF the award to the clerk oL tne
district court for the party entltied tneFe, mere,
to, as herein prescribed III coAu AAA' '-0--
proceedings.
COST OF IMPROVEMENTS ASSESSED
IN PROPORTiON TO BENEFITS, on,
Soc 252 AUTHORITY TO ASSESS COST
or GRADING. Etc. Any city existing un-
der this act is hereby authorized to MI,
Grade level. pave, repaye curb rail, bridge
graYel aacadamiZe, sprinkle, plank, cream
pavements upon any street, avenue, Iane,
allev or highway, and to keep the same Ill
repSir: also to fill, grade, improve, pfotect
and ornament any public park, square or
ground: also to plant and protect shade or
ornamental trees in It's puDlc PARIS @ anu
along its streets and avenues; also to con-
struct, lay, relay and repair sidewalks, re-
taiRiHg walls, cutters, sewers, water mains
drains and pipes for surface water, anu pfl-
vate drains in, over or under any street,
lane, alley highway; also TO 0raln
marshes or swamps and low GROUNDS w VIII IL
in the city; and the whole or any part oL
the expense of any such improvement may
be betrayed by an assessment upon the
raab estate benefited thereby in proportion
to such benefits without regard to caSh
valuation, to be determined ana IeVleu III
the manner hereinafter provided. PROVIDED,
if the system OF sewerage Known DIS dHoIiG oIG
Hydro-FReumatic System be adopted ana
established in and for any city, the city
couhei when it proposes to cause sewers TO
be constructed or laid for the drainage OF
any given portion of the city shall first de-
termine and accurately describe by ordi-
nance or resolution in writing the area of
territory to be made tributary to an eJector
station to be constructed for such district,
and in each instance such territory so de-
fined shall be known as sewer district
and shall be properly designated by num-
Der The expense of material for and of
constructing or laying all sewers and sewer
pipes in each such district, the expense OF
s,I 4 tTsIIHt ITsr n nGh
tanks, of machinery, electors, discharge
pipes compressed air connections the ejec
tor chamber and adjoining man-hole, and
all other man-hOles therein, and all other
costs, except such portion thereof as Shall
be ordered paid out OF the permanent I'M
ployemeRt fund shall be chargeabe to and
assessed upon the lots and parcels of land
in said district benefited thereby in pro-
portion to such benefits without regard to
Sec. 253. TWO OR MORE UPON ONE
ORDER Two (2l or more of said improve
ments, either of any of them, upon one
or more streets may be done at the same
time under one order and may be included
in one contract.
And the city council may, when any con-
tract is let for paving, grading, graVelinS or
macademiZing any street, lane, alley or high
way within said city, include in such CON
tract the laying of sewer pipes or water
pipes to the curb, and the cost of the same
may be assessed against the lots or parcels
for which said sewer pipes or water pipes
are laid as a part OF, or in connection with
the assessment of for such improvement.
Provided, if two or more improvements
are included in one contract, the expense
of each Improvement shall be separately
apportioned and assessed upon the lots and
parcels of land benefited by such improve
ment in proportion to such benefits, but
two or more improvements may be included
in one assessment proceeding.
Sec 254. PLANS AND SPECIFICA-
Tl0NS. Prior to the passage of any reso-
luton ordering any such Improvement the
city council shall call for plans and speci-
1ications of such proposed work, with an
estimate OF the probable expenses thereof,
to be made by the city engineer of said
city and presented to the city council for its