New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1895-05-22
.rty for the use Of sait city gOr park pup.

Sec 1913. When the board Of park com.
missioners shall deem It to be for the pub
or parcels of land shall be condemned for
the use OF the city for any. public park or
PARKS or parkways within the limits Of the
city, and shall so determine by resolution
OF the board, 1t shall make an order direct
ing the city engineer to make q survey
thereof, o copy Of which order, together
shall be certified to by the secretary Of
said board and by him transmitted to the
city engineer, who shall forthwith cause
to be made and transmitted to said board.
Sec. 129. Said board of park commission
ers may contract in the name OF the CITY
of the lands designated by it for park pur-
poses, to be paid for in the same manner
as other lands SO designated, the damages
by the Commissioner of public works of the
city as hereinafter provided. and the pur-
chase price for the same shall be paid out
of the moneys applicable to the purchase
Of said land for park purposes when all
or 1t shall have been collected. sara pur-
chase price shall bear interest after the
final completion OF the assessment herein
coed seven GO per cent per annum as may
be agreed upon in said contract.
! Provided, however, such contract shall
| be executed and recorded before the COM
missioner Of public works shall have been
directed to appraise the damages and as
sess the benefits as hereinafter described.
Ile sum SO iSTceu upon as Jue PURCHASE
price of said lands shall be taken as the
measure of compensation to be appraised
by the said commissioner of public works
therefor, and shall be reckoned as damages
by the said commissioner in ascertaining
the cost of the property taken In said pro-
ceeding on which it shall base the assess
ment of benefits to be made. II the pro-
ceedings for acquiring said land SO aeslg-
mated shall be abandoned said contract
shall thereon become void, and in such
case the said board Of park commissioners
contract to the owner Of said land which
may be recorded.
Sec. 100. The said board Of park COM
missioners shall have power, and it Is here
missioner of public works of the city, and
on behalf of the city, to condemn for the
Of the said city any tract or tracts:
pieces or parcels of land or any Interest
as hereinbefore authorized by this act OF
which may be included in or form part
of any land so designated, and when such
condemnation shall have been completed
and the lands paid for as hereinpeIore pro,
vided, the title to such land shall pass and
be vested in the city.
When the said board Of park commission
ers shall deem it to be for tine public inter
est that any tract or tracts, pieces or par
cells of land interest therein aforesaid.
shall be condemned for tho use OF the cry ~
for any public park or parks or parkWays
aforesaid, within the liEcits of the city,
and shall so determine by resolution Of the
board, it shall cause the same to be sur
veyed and plated as hereinbefore provided:
it shall also determine by resolution what
sum, if any, not to exceed forty (4o) per
cent of the damages and expenses caused
the same out of the park fund as the same
then exists, and it shall at the same time
by resolution appropriate and set apart
such amount from the moneys then In the
park fund, the same to be held and annlied
as herein provided toward the payment OF
any damages or compensation that may be
awarded In such condemnation proceediln tss
including the expense of such proceedings;
and, except as hereinafter otherwise pro-
yided, said money so set apart shall remain
in the city treasury and be appllcabie 10
no other purpose whatever. The said board
of park commissioners shall thereupon
make an order directing the commissioner
of public works to ascertain and determine
the amount of damages or compensation TO
be paid to the parties therein by reason OF
such condemnation, and also to assess the
amount of such damages and expenses, less
and set apart out of the park fund as afore-
said on real property specially benefited
thereby in proportion to the benefits accru-
ing to the same not to exceed such bene-
fits. A copy Of said resolution and order,
together with a copy of said plat, shall be
certified to by the secretary of the hoard of
park commissioners and transmitted to the
commissioner of public works for his action
thereon.
If any parcel or parcels Of land so desis-
mated have been purchased by said board
of park commissioners in the manner here
lnbefore described, a description of said
property, with statement of the purchase
price thereof, shall also be transmitted to
said commissioner of public works, who
shall take the purchase price to be paid
for said property as the amount of dam
ages to be assessed therefor.
The said commissioner Of public works
shall proceed forthwith on receipt of such
order to make an assessment or damages
and benefits in the manner hereinbefore
provided for the condemnation of land I'M
q az mt rfln1 J1n
damages to any property shall bear interest
at the rate of seven l0 per cent per annum
from and after the date of the completion
OF the assessment until paid: If the sum
set apart from the park fund by the park
commissioners as above provided is less
than forty l4O per cent of the total amount
mined and appraised by the commissioner
of public works. together with the costs
and expenses, all damages ana expenses
less be raised by assessment on the prop
erty benefited. If said sum so set apart
from the park fund proves to be more than
and expenses aforesaid, sixty NGi per cent
of the damages, costs aud expenses shall
be assessed on the property benefited, and
the balance of said sum in excess of said
forty !4Ol per cent shall be returned to the
park fund for other uses.
1t shall be duty of the commissioner of
public works. whenever he finds the sum
appropriated by the board of park commits
sioners in excess of forty 4O) per cent of
the total damages, costs and ev""nseS, to
notify the board of park commissioners OF
the amount OF such excess within ten dG
days after the assessment is confirmed:
The commissioner of public works shall
estimate as nearly as possible the cost of
printing notices of assessment up to the
time the same would become delinquent
and the cost of engineering in making sur
Vey and plats of said improvement, all of
which shall al be chargeable in said assess
missioner of public works shall include
such sum in the Assessment of benefits as
in his opinion will be sufficient to pay in
tereSt on the damages allowed from the
time of the completion of the assessment
TO the time the assessment shall have
been fully collected and ready TO be paid
over. The owner of land condemned for
park shall have the same right OF appeal
to the district court from the damages al
lowed as in the case of other property con-
cedure shall be had in bringing said appeal
to hearing. II the court shall and that
the commissioner of public works ha" 70
jurisdiction in the matter appealed from
i'll such cases, the Judgment of the court
Shall be to annul the assessment. l..
court shall find that the commissioner had
jurisdiction: and also find that the valua-
ton is unfair and the damages awarded
by said commissioners to said appellant are
insufficient and inadequate for the property
SO appropriated. then and in such case the
court shall determine and find the amount
of damages which said appellant is entitled
to receive over and above the. sum AWARDED
by the commissioner of public works, and
shall order Judgment against the city there
for, which Judgment. with interest, shall
be paid as other judgments against the
city. The amount awarded said appellant
by the commissioner of public works, with
Interest, shall be paid in the same manner
as the damages to other property as to
which no appeal has been taken.
Sec. 131. When Judgment has been rem
dered on all the appeals taken from said
assessment, the said commissioner of pub
lie works, without further order from the
said board of park commissioners, shall
without unnecessary delay proceed to make
Il new assessment or reassessment on the
IMPROVEMENT. for the purpose of raising the
difference between the amount originally
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