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

sesSed and the amount assessed against
eacn such lot or parcel. together with the
names OF the owner or owners of the same
as nearly as the same can be readily ascer-
tained.
Sec. 223. PRESENTATION OF REPORT
AND OBJECTIONS THERETO. Such re-
port Shall be presented to the city councI
In accordance with such notice, and shall
lie over until the next regular meeting
tnereof, occurring one week or more there
latter.
Any person whose property is proposed
to be taken or interfered with or affected,
or to be assessed for benefits, may at any
time within ten Q0) days of the publication
OF such notice, file with the city clerk,
who shall present same to the city council,
MS objections to such award or cOmpensa-
u0n or damages or assessment for Dement'S;
which objections shall contain a descrip-
tion of the property affected and shall
specify the particular irregularity of which
ne complains, as to amounts either award
ed or assessed, or as to the proceedings OF
the city council or commissioners.
Sec. 224 ACTION OF CITY COUNCIL
ON REPORT. AT such subsequent meeting
the city council may confirm such award
OF assessment or may annul the same, or
! slder the same and the objections thereto,
ana report thereon, or refer the same back
10 the same or new commissioners, or
apandon the proceedings, and in case of
abandonment may institute them anew. In
case the same be referred back to the com
mlsslonerS, notice of such fact and of the
tlme and place of meeting shall be served
Dy the city clerk upon the commissioners,
IN the same manner as the original notice
or the appointment of commissioners was
served, and thereupon the commissioners
snail meet and proceed to act as though no
report had been made and shall make a
new report or amend the former report
upon such proposed Improvement and all
proceedings therein shall be had in like
manner as in the first instance.
In case the city council shall confirm
r1
nrmatiOn shall make such award or assess
ment final and conclusive upon all parties
interested, unless an appeal be taken as
hereinafter provided.
Sec. 225. CONDEMNATION WITHOU4
ASSESSMENT For BENEFITS, DESIG-
NATION AND PLAT. Whenever the city
council shall consider it necessary 10 ac-
quire by condemnation any real property
or easement therein for the purpose o1
erection or improvement of any public
building, or any permanent improvement
incident to the operation of any depart
ment, or to acquire any water power, OF
right to take or divert any lake, stream,
dam, pond, reservoir or any public waters
whether the same be public or private
property, or rights, any and all waters
necessary or convenient for the use of said
city and the Inhabitants thereof, and there
to to construct and maintain dams and
lntake-p1peS; or to acquire any other prop
efty, real or personal, or rights in property
situated within or without the city 1t
shall designate the same as nearly as may
be convenient, and vote to acquire the
same, and thereupon it shall be the duty
of the city engineer to make and present
to the city council such plat or survey OF
description as may be necessary to show
or explain the same and the property neces-
Sary to be taken, or interfered with there
by The city council may cause such plat
or survey or description to be modified
amended or changed as it may deem proper
and may adopt the same, and thereupor
shall direct the same to be filed in the
office of the city clerk.
Sec. 226. AFPOINTMENT OF COM
MISSIONERS. The city council shall then
or afterwards appoint five (5) commission
ers having the qualifications prescribed fol
con missioners as hereinbefore provided II
condemnation proceedings, to view the land
property or water power, or TO investigate
the rights to be acquired, taken or appro
priated, and ascertain and award the
amount of damages or compensation TO be
paid for the property or rights to be ac
quired, taken or appropriated.
Sec. 227. PROCEEDINGS AND RE
PORT OF COMMISSIONERS. Said com.
pointment and time of meeting, and shat
meet and give like notice thereof, and shall
qualify and be governed by the same rules
and the same number may act as herein
before provided for commissioners in con
demnation proceedings.
After viewing the premises and hearing
the evidence offered, said commissioners
shall make true and impartial appraise
ment and award of the compensation anC
damage to be paid for each tract or parce
of land, property or rights to be taken
acquired, appropriated or interfered with
and report the same to the city council
Upon the completion of said report, they
shall file the same with the city clerk fol
presentation by him to the city council.
| Sec. 22S. NOTICE BY THE CITY
CLERK OF RECEPTION OF REPORT
The city clerk shall give notice to all in
terested parties by one publication in thu
| official paper of said city, of the fillng o
such report, and that he will, at its hrs
meeting, or as soon thereafter as prac
| ticable, present the same to the city coun
| Gil for consideration and action; which pup
lication shall occur at least five To- days
before such presentations such published
notice shall contain description Of The
several lots and parcels of land, or the
property taken for such proposed improve
ment, and the amount of award for taking
each lot or parcel of property, together
with the name of the owner or owners OF
| the same, as nearly as they can be readily
ascertained.
Sec. 229. PRESENTATION OF REPORT
| AND OBJECTIONS THERETO-Such re
port shall be presented to the city councl
in accordance with such notice, and Shal
lie over until the next regular meeting o
the city council after the reception of sucE
report.
| Any person whose property Is proposed
| to be taken or interfered with, may at any
time within ten Q0) days of the puDlica
tion of such notice, file with the city clerk
who shall present the same to the cit!
council, his objections to such award 01
compensation of damages, which objection
shall contain description of the property
affected, and shall specify the particular
irregularity of which he complains, as Il
the amounts awarded or as to the proceed
ings of the council or of the commissioners
Sec go. ACTION OF CITY COUNCIL
ON THE REPORT. At such subsequent
meeting the city council may act upon sucl
report and award, and may hear any oD
lection thereto, or may refer the matter
to committee to hear such objections anC
report thereon. The city council may con
firm such award or annul the same, ol
send the same back to the same or new
commissioners for further considerations; II
which case such commissioners shall give
notice and proceed in like manner as here
in prescribed in the case Of q second refer
ence to commissioners by the city councl
in condemnation proceedings.
When any such report and award shal
be confirmed by the city council, the same
shall be final and conclusive upon all par
ties interested, unless an appeal be taEeI
therefrom as hereinafter provided.
Sec. 231. APPEALS FROM CONFIRMA
TION OF REPORT. Any person who
shall have objected as aforesaid to the con
firmation Of any such award or assessment
may appeal therefrom to the district cour
of the county in which the property affect
ed is situated by filing with the city clerk
within ten Q0) days after such confirma
tion, a notice in writing of such appeal
| specifying the grounds tnereof ana I'M
irregularities in the proceedings complained
of, and such appellant shall, within sale
time, enter into bond or undertaking
with the city in at least the sum of on'
hundred 900 dollars, conditioned to pay
all costs that may be awarded against ap
pellant, which bond shall be executed by
two sureties and approved by the city at
torney or by the judge of said court, anc
filed with the city clerk
Sec. 232 CITY CLERK TO TRANSMIT
RECORD TO THE DISTRICT COURT
Upon the filing of such notice and bond the
city clerk shall, within ten Q0) days, make
and transmit to the clerk of said distrc
court, certified copy of the report of the
council, and of the order Of confirmation
thereof, and the objections and notice OF
appeal by the appellant. In case more than
one appeal be taken therefrom, upon such
subsequent appeal copies of the appellants
objections and notice Of appeal only shall
he tranSmittpd