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

grade SO established.
Sec. 244 OBJECTION TO CHANGE OF
GRADE. The. owner of property AUDITING
once established, shall, within thirty G5o
days after the publication Of the ordinance
changing the grade. of such street. file Y
the Office of the city clerk his objection
thereto, and make claim for damages tc
his property caused by snch change OF
grade, Or be barred from making any claim
for damages such objection shall contain
Il description of the property CLAIMED to be
damaged and owned by such person, ano
the aneunt of damage claimed to be
caused to such property by, such change
Sec us. APPOINTMENT OF COMMITS
SIONERS. Upon the filing of any such Oh,
lection and claim for damages, the CITY
council shall at any time after the eApira'
ton Of said period limited for the ming
Of objections, appoint five 90 commissioners
Of like qualifications as herein prescribed
ceedinss, to appraise the damages caused
to the property or properties described ~
such objections, and to award the same u
owner or owners of such property or prop
ages so awarded upon the property Dehe-
fitted by such change Of grade, In proper
or parcel without regard to the cash valua-
ton thereof, but no property shall De as
sessed in excess Of the benefits accrulng
to such property; and to report such
award ana aSSGSSllleul ~ lHt City Nou'tNt..
Sec. 346. HEARING OF COMMISSION
Frs The said commissioners shall be notl-
TED of their appointment, snail meet, give
notice, perform their duties and act III Ike
manner and shall be governed by the same
rules herein prescribed for COMMISSION
ers in condemnation proceedings.
Said commissioners shall, i'll making their
award OF damages, appralse ana aM tmal
DAMAGES caused to each pafcel OF tract
of propsrty described i'll such oDJecllons
and Claim for damages made as herein ~
prescribed, by reason OF sucn chhnsc ~
grade, not including i'll such damages any
damage TO or interruption OF the use VI
such property caused by the work done a, OF
to be a8aG in making sucn street cohlol +i
mating such damages. to be aWaI9eu no
aforesaid, said commissioners shall con
slider and Offset any benefit accrulhS 10 tn ne
said sreperty by reason of such cnanse OF
grade aid Shall award only the excess VI
damages over such benefits, II any. -,nN
Sec. 2s7. REPORT or o.. - 80, n,'olo ~
Frs. Said commissioners shall make a re-
port of their award of damages ana assess
mentS for benefits, and in case the penehls
accruing to the property from such cnanse
of grade are not as great as tne ia tita,,
so awarded, they shall so lnuicaIe III x .mei
report, stating the amount OF such excess
u Sec os 3lS' ACTION OF COUNCIL on RE
PORT. Said report shall be nleu anu pre-
scented to the city council upon IKE notlce,
and fac city council shall act thereon III
like manner as herein prescribed III coh-
demnat iefi proceedings.
See, H4R. RIGHT OF APPEAL. Any per-
son aggFteved by such report SHAH lave
the sarge right of appeal upon the ming
Of objections in the manner preseIiDea
herein ia condemnation proceeuliSS, 4 az,
the proceedings said appeal shall pc me
same as are herein prescribed III conuelhha-
ton proceedings.
Sec 2E45 ABANDONMENT. In case the
city council shall not have commenced Inc
work OF grading the street to conform 20
the grade changed, it shall have the rlSht
at any time during the penuency OF inc
above proceedings, and until SAID proceed
ings are confirmed by 1t, ana III case OIL OIL any
appeal from such confirmation, then within
sixty 800 days after the final order OF the
court upon such appeal, to abandon sncn
proposed change of grade by resolution
proceedings had shall be abandoned ana
annulled, and the city council shall there
upon repeal the ordinance changing such
grade. 49,
Sec. 251. CONFIRMATION AND AS
SE$SMENT. In case said proceedings are
confirmed by the city council or NY tne
order of the court. and not abandoned aS
herein provided, the same shall be hnal
and conclusive upon all parties Interested,
and the city council shall proceed TO levy
any assessment upon the several p arcteia
described in the assessment nst repo u,itt,
by the commissioners in accordance WIN
the assessment as finally confirmed, anu
shall cause TO be made, ana snail auoPt
an assessment roll Of the. same, ana slail
from the time of the final determination
of such proceedings to the owner or owners
of the property damaged by sucn chanse
of grade the amount AWARDED tdhstrac f
OF title to such property. ana win Inc
same right TO require bond, or pay tne
amount OF the award to the cieTa OF 4ha sne
to, as herein prescribed in condemnation
DIVISION III.
COST OF IMPROVEMENTS ASSESSED
N PRoP9RTnIRRiMr I re 90 Bk kSsHs5 COST
OF GRABBING, Etc. Any city existing s un-
der this act is hereby authorized to till,
grade, level, pave, repaye, curb ran; bflage,
Dayementg upon any street, avenue, lane,
alley or highway, and to keep the same in
repair; aiso to Ill, Grade, improve, protect
ground; also to plant and protect shade or
ornamental trees in its public parks and
along its streets and avenues; also TO To- con
struGt, lay, relay and repair sidewalks, re-
tanning walls, cutters, sewers, water mains,
drains and pipes for surface water, and pri-
yate drains In oyer or under any StF ra
marshes or swamps and low grounds with
in the city; and the whole or any part of
the expense of any such Improvement may
be betrayed by an assessment upon the
real estate benefited thereby in proportion
to such benefits without regard to cash
valuation. to be determined and levied In
the manor hereinafter provided. PrOYided,
If the system OF sewerage known as ''Shone
Hydro Pneumatic SYSTEM be adopted and
established in and for any city, the city
council, when 1t 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
shall be NroDprlV 0pSipD1tpl nv M
Der. The expense of material for and of
constructing or laying all sewers and sewer
pipes in each such district the expense Of
mater for and constructing all flush
tanks, Of machinery, electors, discharge
pipes. compressed air connections. the ejec-
tor chamber and adjoining man-hole. and
oil other Eaan-holes therein, and all other
costs, except such portion thereof as shall
be ordered paid out of the permanent i'm,
assessed upon the lots and parcels of land
in said district benefited thereby in pro-
portion to such benefits without regard to
e Sec. 25s. TWO OR MORE UPON ONE
ORDER. Two (2) or more of said improve
ments, or 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, graveiing or
macadenlZlpg 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
aDDortioned 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-
TlONS. Prior to the passage of any reso-
luton ordering any such improvement the
city council shall call for plans and spec-
tications Of such proposed work. with an
estimate OF the probable expenses thereof,
to be made by the city engineer of said