New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1895-05-22


| alteration originated shall cause notice to
be given of the time and place where the
| SAID body In which said matter OF altera,
AIion originated will consider such proposed
| Provided, however. that no change. Of
grace ordered by the common council shall
lake erect and be contaminated until the
9G aa q OF public works shall have
MADE and confirmed the assessment OF
c damages - and benefits resulting from such
i tcnanse OF grade; and, provided, however,
/ mat the common council may annul any
cnnf;r TOT change Of grade prior to the
{SEsilnImdtlOn OF the assessment for such
public works. aue = me commissioner OF
4 sec sec. lOO After such alteration shall have
~ nnally determined as herein provided
q tne 4 common council shall refer the matter
a 10 sne TO- GSomm5lssloner Of public works to-
aesesS nne damages if any, to property
9uelermlne what real estate, if any, will
ne benefited by such alteration, and to
assess upon such property benefited the
4 COSTS or proceedings. $500
oe &C. lOl Upon such order of reference
OF me me comomn council being transmitted
sald commissioner shall make such assess
| ment OF damages and benefits in the same
nann 81 ana after giving like notice. as
| ments requiring the condemnation of land
or real estate, and when completed said
~ of public. works shall proceed
manner, and shall have the power to cor
rect. revise, confirm, set aside or proceed
ae sn move io as are given in said proceedings
as See: ~ Any party aggrieved by such
assessment may appeal under the same
regulations and restrictions and in the same
nlaner as provided for appeals from the
assessment 4ia'e a of damages from the condcmna-
| ION OF real estate; but such appeal shall
u; not operate to stay any Of the proceedings
IN c the matter of such alteration.
! .f pee. lV3. The assessment OF benefits
| :aioIesald shall be collected and enforced
| i - ne same manner as i'll the case of other
i n%ar improvements provided for in this
CITY embraced within the provisions of this
act shali have full power to cause to be
ttIlslructed any bridge or bridges, and also
street e or stro approaches thereto, in any
4 OF SAID city, over railway tracks, ravines.
myers, rive, streams or other places whether
TO conform to the established grade of the
street or highway wherein they may be
constructed or otherwise
Inc SAID bridge or BRIDGES with the an
proaches thereto, shall become part of the
street or highway wherein they may be-
come constructed aforesaid, or of which
tn oney 10, form the continuation, and any part
street or highway, or of any street or high
way crossing the same, may be so altered
or changed by the common council as to
conform with the passageway over the said
Drldge or bridges, and with the approaches
Or any part thereof of such bridge or
bridges, or to facilitate access to or transit
over the said bridge or bridges or the ap-
proaches thereto; provided, in case the
said bridge or bridges or approaches there
TO snail not conform to such established
s sfnue or h'snWay where they may be con
70 OF the members-elect of the common
council snail be necessary to authorize the
same sam or to change any part or parts of such
eStilDllsned grade of such street or high
way, or other street or streets or highways
crossing the same as aforesaid
Sec: 100: In case such bridge or bridges
or approaches thereto shall not conform
to such established grade, or in case Of any
change Of grade aforesaid, any owner OF
Land q, AUDITING on that part of such street
or highway where such bridge or bridges
or approaches thereto, or change Of grade
shall be ordered by said common council,
damaged thereby, shall be entitled to COM
Pensatlon from said city, to be assessed as
hereinafter provided.
Sec. JOG. To entitle such person so dam
aged to compensation, he shall file with the
city clerk within six Co. months from the
passage of a resolution or order of the COM
mon council directing the work to be done
or change of grade to be made aforesaid a
written claim of damages, specifying the
grounds thereof, and the said common coun-
Gil shall refer the said claim to the COM
missioner of public works, who shall there
upon assess the amount of compensa ton
to be awarded such claimant, and to report
the same to the common council. In max
ing said assessment the said commissioner
Of public works shall give notice by pub
caf0n at least three q times in the Of
Mace at which he will attend for the pur-
pose of making said assessment. Said
notice shall specify briefly the object of
it relates, and the said publication thereof
shall be at least ten QO days before the
time of said meeting. At said meeting all
persons interested may appear and be
heard by themselves or their attorneys,
and the commissioner Of public works may
view the premises and also hear proof with
reference to said matter. Said assessment
shall not be final until confirmed by the
commissioner of public works. F
Notice of the time and place for such
confirmation shall also be given by the
fetal newspaper of said city by one %
publication at least ten QO) days prior to
the time set for such confirmation. The
amount so ordered shall be paid to the
parties entitled thereto out of the general
fund of the city. or such other fund as
may be provided for the purpose. No claim
sess the same aforesaid shall delay or sus-
pend the prosecution of the work.
Sec. 1O7. In ordering the construction of
such bridge ; or bridges or approaches there;
property owners or other petitions or pre-
liminary notice or reference to the said
commissioner of public works, or other
preliminary proceedings. shall be necessary
to enable or authorize the common council
to act in said matter. Any property own
er may appeal to the district court from
sioner Of public works in the same manner
as in the case of condemnation Of real es-
tate.
The district court shall either affirm the
award of the commissioner, Or ii the sum
allowed is adjudged inadequate, the court
shall fix the amount OF damages, and Judg--
ment therein shall be final, and no appeal
shall be allowed therefrom.
Sec. los. Sections ninety-seven 90 to
one hundred and three (1O3) inclusive shall
have no application to or affect the provi-
r.:- q L,,nI r>I nd fnJJ,s
to one hundred and seven 900 inclusive of
this act.
Sec 100. The common council of each
city embraced within this act shall have
the power to sprinkle the streets. avenues,
levees, lanes, alleys, parks and other pub
lie grounds Of the. city or any part thereof.
Sec. no. The common council shall di-
rect the commissioner of public works to
divide the city into sprinking districts,
without reference to ward lines. Said dis
tricts shall be designated by numbers, as
follows, to-wit: Sprinkling District No. One
~. SprinklinS District No Two C), Sprin-
king District No. Three 90. etc.
/ Sec. Ill. Whenever ordered by the COM
mon council the commissioner of public
works shall cause proposals to be adver-
tiSed for in the official paper Of the city
in the same manner and for the same
. length of time as in the case of other pub
lie improvements for the sprinkling of all
streets, avenues, levees, lanes, alleys, parks
or other public grounds, or any part there
of. in each and all Of said sprinkling dis
trlctS winch may be Ofdereu Spflnkleu DV
the common council in each year. General
plans and specifications a"~licable to all
sprinkling that may be ordered done in
each of said districts during the year by
said common council shall be made and
filed with the commissioner of public works
at least ten 90 days before. the day named
for the receipt of said bids by the commits
sioner of public works. The sprinkling
shall be let and placed under contract in
the same way and manner as provided for
other local improvements. except that the
bids for sprinklng shall be accompanied by
4 n hnn6 10 no nit x n thc Of II