The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-04-19

of any village incorporated under the
General Laws of this state, or the COM
mon council of any city having a popu-
| lation OF ten thousand inhabitants or less
Incorporated under the General ES,ws of
this state, shall deem it necessary and
eXpedient to construct or rebuild any
sidewalk or sewer in said village or city,
they may, acting on their own morion,
and II majority of the owners Of the
property fronting on the street or streets
where 1T is proposed to construct or re-
build such walk or sewer shall petition
the village council. or common council OF
such city therefor. they shall adopt a
resolution to that effect, which resollI-
ton shall specify the place or places
where such sidewalk or sewer SHAH be
constructed or rebuilt, the kind and quail
ity of materials to be used therein, the
width the size and manner of construc-
ton thereof and the time within which
the same shall be completed, which shall
not be less than forty days after TIA
service of said resolution. as hereinafter
provided.
Said resolution shall contain the lanes
of the owners OF all lots, parts Of lots,
and parcels of ground fronting the street
or streets Where such walk or sewer Is
to be constructed or rebuilt.
Sec. 2. Such resolution shall be served
upon the persons named in said resolu-
ton at least forty days PRIOR to the time
therein named for the completion OF said
walk or sewer in the following manner:
Firstly causing a copy thereof to be
handed to. and left with each of the
4
of and within said village or city, and
are actually therein.
Second-If amy of the persons SO named
in said resolution are not residents of
said village or city, or cannot be found
therein, then said resolution shall be pub
1ished in one issue of d newspaper reg
ularly published in said village or city, in
the English language, and having a gen
eral circulation therein. or in the desig-
mated official paper Of said village or
city.
Third there be no such newspaper
published in said village or city, then
such service and publication may be made
by posting a copy Of said resolution in
at least three public places in said vii
TO the time, named therein for the compile
tdon of said walk or sewer.
Aft1davits shall be made by the person
serving or posting said resolution Of the
manner, time and place of serving or
posting the same, and by the foreman.
editor Or publisher of such newspaper of
the time ard manner of publishing the
tached to said resolution and, with it,
filed With the village or city recorder.
Any and all such services, when made In
accordance with the provisions OF this
act. shall for the purposes thereof, be
deemed personal services Of such resolu-
ton upon the persons named therein.
Sec. 3. If such work snail not be fully
done, and said sidewalk or sewer shall
not be fully constructed or rebuilt in
the manner and within the time pre-
scribed in said resolution, then the viii
lage council, CT common council OF said
city, may order the same to be done by
the street commissioner, or commissioner
of public works, Or cause the same 10 be
done by contract let to the lowest re-
sporstble bidder, the entire expense there
of to be paid out of the general revenue
funds Of said village, or city.
Ait any time within thirty days after
said village or city shall have completed
the construction of said walk or sewer
as aforesaid, The village council Or COM
mon council of sHch city shall adopt a
resolution fixing a time and place when
and where they shall hear testimony of
all persons interested Or affected, and as
certain the amount of benefits to prop
erty fronting such sidewalk or sower by
ruason of the construction thereof, and
such resolution shall be served on all the
persons named in the resolution adopted
under section one % of this act and in
the manner therein provided.
AIT the time and place named in said
resolution said village council, or COM
mon council Of said city, shall hear any
and ali testimony offered by or on behalf
Of all parties interested or affected by the
construction of said walk or sewer, and
for said purpose the president of the
council or other presiding officer is here
by authorized to administer oathS to wit
nesses. Thereupon, by resolution, the
village council, or common council Of said
city, shall determine the amount of bene-
fit caused by said construction, TO each
lot, part of lot, or parcel Of ground 'front.'
CT sewer shall have been constructed or
rebuilt as aforesaid; and a full and COM
plete record thereof shall be made and
kept by the village or city recorder in a
separate book kept for that purpose,
which record shall contain a description
of the property benefited and charged
with the construction Of such walk or
sewer, the amount Of benefit deter mined
in each case as aforesaid. and when so
determined; the amount of each ennual
installment thereof; when transmitted TO
the county auditor Of the county for as
sessnent; the amount paid thereon and
when paid. Such record to be used in
making each annual levy and assessment,
as in this act provided.
The amount of the benefits to each lot,
part of lot, or parcel of ground SO de-
tern1ined as aforesaid shall be and be-
come charge against the same and shall
he assessed thereon, as in case Of county,
City Or state taxes, in three annual in
stallments.
Sec. a. If such assessment for either
or any of the purposes aforesaid be not
fully paid to the street commissioner,
authorized by law to colle.5 the same,
within twenty days after said walk or
sewer has been fully constructed or re-
built, as aforesaid, the village council, or
common council Of said city, may issue,
or cause to be issued, the orders CT said
village or city, on the treasurer for the
aggregate amount of 0he unpaid balance
of each of said assessments, payable in
three annual installments, each of which
instaIlments shall be represented by a
separate order, bearing interest at a rate
to be determined by said village or city
council, not exceeding six per cent per
annum from their date until maturity
and payable as follows
One payable on or before the first day
of June, Of the year next following the
issuing Thereof; one payable on the first
day of June of the second year next fol-
lowing; and one payable on the first day
of June, of the third year next following.
Said orders shall be made payable to
bearer, and the same may be issued, ne
gottated and sold by said village or city
for not less than their par or face value.
AL said orders shall be in substap tially
the following form:
S.. Dated at 49,. Minnesota, -. 10.
The treasurer of the Village or city,
hereof the sum of ...,.. -. dollars and
......... cents on or before the 1st day
of June, A. D. 19.... with interest thereon
from ne Faee 6 6e ,n PER cent per annp Nun
order represents one-third of the amount
expended in the construction of (side-
walk or sewer in said (village or city,
record of all said orders shall be
made and kept by said village or city
| recorder which record shall show the
date same was issued, amount of order,
date when due, to whom sold, amount
sold for, and for what purpose the same
was issued, when the same was paid, and
the amount paid as shown by the treas
urer's books.
Books shall be provided for said pur-
pose.
Sec 5. After the completion of said
walks or sewers as aforesaid by said
village council. or common council of said
city, said village council, or common
council of said city, shall ann tally, on
or before the first day of October of each
year, until the whole of said assessments
have been levied as herein provided.
cause a state nent of the amount of one
of said three annual installmeats, with six
per cent annual interest thareon conf