The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-03-02

DC slludttQ, LOT the appointment Oh tuIt6
disinterested freeholders Of said county as
assessors. and thereupon such court shall
appoint three assessors, qualified as afore-
The said assessors shall proceed to assess
the amount so ascertained upon the proper
them deemed to be benefited by reason Of
the Improvement accustomed by the location
OF such boulevard, park, parkway, and the
the other improvements and the things au-
thorized by the provisions of this act. or
in relation to said Improvement as near as
may be in proportion TO the benefits result
ing n thereto; and also the damages. II any.
occasioned by the taking or condemnation
of the land or easement as aforesaid; and
In general the form and the particulars OF
such proceedings and assessments when not
inconsistent with this act shall be as near
as may be the same as required by the laws
IA N force al the time governing such city for
out OF streets.
BENEFITS AND DAMAGES.
Sec. 20. Before entering upon the duties
of their Office said assessors shall make oath
before the clerk of the said county faithfully
and impartially to discharge the duties OF
their offices. They shall give at least ten
QO) days notice in at least one of the daily
papers published in such city of the time
and place of their meeting for the purpose
of making such assessment, and may adj
Journ from time TO time until the same shall
be completed. In making such assessment
said assessors shall climate the value OK
the several lots blocks and parcels OF land
deemed benefited as aforesaid. and shall tn
clude the same, together with the amount
assessed as benefits, IN the assessment roll.
eral lots, blocks and parcels OF land which
snail pe taken or inJurlously affected by
SAID Improvement, and shall include the
same, together with the several amounts
assessed as damages in said assessment roll.
All parties may appear before said assessors
with the assessment. When the same snail
be completed by the said assessors Ii shall
be signed by said assessors and returned to
said Board of Park Commissioners who shall
fix day upon which they will review. re-
wise and correct such assessment. and shall
give at least ten QW days notice. by publi-
cation In some daily paper published in such
city, of the time ana place when said COM
sessment. The said commissioners sliAl have
power to adjourn such hearing from time to
time and in their discretion to revise and
correct the assessment as to dam
ceefcrm amend tSa same ae or
refer the same back to said assessors for
revisal or direct a new assessment to be
made; said assessment. when confirmed by
said commissioners shall be final and con-
in except as hereinafter provided. When
such assessment is confirmed by said COM
missi snr tney shall make a copy thereof.
together with their certificate of confirnla-
lion. in the court which shall have appointed
such assessors. and they shall also file there
with all such objections as shall have been ,
made to them. In writing, to said assessment
Said board snail therenpon Give least tor
QO) days notice in one or more of the daily
papers published in sucn city of the filing OF
day therein named. apply TO such court
for confirmation OF the same, which notice
fore the time fixed for such V application.
Said court shall have the power 10 revise,
correct, amend or confirm said assess
or order q new assessment, in whole or In
part, and revise and confirm the same upon
like notice. All parties may. appear be-
fore the said Circuit Court either In per-
son or by attorney, when such application
shall be made. and may. object to said as
vided all objections be in writing. and shall
be filed at least three 90 days before the
specify the lot block or parcel i''o Of land
on behalf of which objection is made. After
the confirmation, Of the said assessment tho
copy thereof, under the seal OF the said
court, with the department of finance, and
the Dement'S therein assessed shall severally
be liens superior to all other liens, ex-
cept taxes, against the respective lots or
sessed Said department OF finance shall
at once prepare duplicate of said assess
The al g oe e
liver the same To the treasurer. The duties
Ct the treasurer and the department q
same as are, or may be hereafter. pre-
scribed by law in such cities with regard
Said assessments or benefits shall be due
and payable to the treasurer from the time
of the delivery OF said assessment duplicate
to the treasurer. II not paid within sixty
days thereafter, such city. by its attorney.
shall proceed to foreclose the liens IN a
cages are foreclosed with similar rights
of redemption, and have the same sold to
pay such 6st ;s such city shall re-
fee and interest, from the expiration of the
sixty days hereinbefore allowed for pay
mum. In all cases where the party against
whom the assessment Is made is a resident
same ncn shall be made by ne deye 10 Of b lne
personally, or leaving at his last and usual
place of residence, notice Of such assess
ment and demand for payment.
HOW DAMAGES ARE TO BE PAID.
Sec. 81. Said Board of Park Commission
ers shall have power to determine what if
any, part of the damages awarded shall be
paid out OF the funds set apart for the use
Of said board by the Common Council or
received from other sources. All benefits
assessed and collected by the treasurer shall
be subject to draft. in the usual manner,
upon certificate by the Board of Park Com
M a g ,a IN favor Oh tne person 20 wno
plus remaining above actual awards shall
belong 20 the general park fund and be. SUBJ
ject to the control OF the said Board of Park
Commissioners Said board faay delay pro-
ceedings until such benefits have been coll
lected.
1t shall be the duty OF the Board of Park
Commissioners, upon the completion of the
award of damages, or whenever the time for
delay as above mentioned shall have ex-
pired, to make out certificates for the prop
er amounts and In fave Of the proper per-
sons, upon the presentation of which to the
head of the department OF finance such per-
sons shall be entitled to a warrant on the
city treasury. Such certificates or vouchers
shall, whenever practicable, be rendered act
ualy Ito the person entitled thereto, but
where this is impracticable the same shall
be kept for such persons In the ONCE or the
Board of Park Commissioners, and the max
ing and fixing OF such certificate shall. In all
cases. be deemed to be valid and eifectuai
tender to the person entitled thereto, anu
the same shall be delivered TO him on re-
quest. In case of a dispute, or doubt as to
which of the various persons SAID noEey
shall be paid, said board shall make out
the certificate in favor of the city attorney
for the use of the persons entitled thereto,
and said attorney shall thereupon draw the
money and pay the same into court IN
proper proceeding. requiring the various
claimants to interplead and have their re-
spective rights determined. In any case
where an injunction Is obtained because
damages have not been paid or rendered.
said board shall tender such certificate tor
the amount thereof with interest from the
time of entry upon the property, IL any mas
been made and all accrued costs, anu tnerc-
upon the injunction shall be dissolved. ne
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