The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-04-24

| lage or city recorder or clerk. When ac-
! ton has been duly had in accordance
with tn eprovisions Of this section, the
| publication or posting of the resolution
| aforesaid shall be deemed a sufficient
personal service of such resolution upon
the persons whose property may be af-
| fected by the proposed IMPROVEMENT. and
| sufficient notice to them thereof.
Sec. 3. At the time and place named
IN Such resolution, or at any subsequent
time to which the hearing on said matter
| may be adjourned, the parties interested
| may be heard in reference to the max
ing of such proposed Improvement, it's
| nature, character and extent, and there
upon said council may by. resolution,
| either decide not to undertake such i'm
| provement, or may order such improve
| ment in whole or in part, to be made
! by the street commissioner, commission
| er OF public works or corresponding Off
| Ger, or may cause the same to be done
| under contract to be let to the lowest
| responsible bidder, the entire expense
Thereon to be paid in either event in
| nue. fund, permanent Improvement fund
| or permanent improvement revolving
fund of said village or city, as said coun-
| Gil may then or thereafter determine.
| In case any such council shall by resolu-
| ton as in this section provided determine
to order any Improvement in this act
| provided for, such resolution shall be
| passed and adopted by an affirmative
| vote of at least two-thirds of all the
members of any such council by yeas and
nays to be duly entered on record in the
| minutes and records of such council.
Sec. 4. If the work of making the I'm
| prvoement in questio mis- carried on by
| the street commissioner, the commits
| siOner of public works, or corresponding
days after said village or city shall have
completed said Improvement as aforesaid,
or if to be done by contract, then at any
time after the contract has been entered
into, the village council or common coun-
ell shall by resolution fix a time and
place, not less than thirty days thereafter,
when and where they will ascertain the
amount Of the special benefits received by
any property within said village or city
by reason of the construction of the i'm
provement in question, and hear the tes-
timony in that connection of all persons
interested or whose property is affected
who may appear in person or by attor-
ney, and present witnesses for eXamina-
ton Notice of said hearing shall be
given by service of said resolution on all
the persons interested therein, whose
property is so affected, in the same man
ner as provided in section two (2) of this
act for notice and service of the resolu-
ton referred to in section one Cd of this
act, and proof thereof shall be made by
affidavits to be filed with said resolution.
in the same manner as is provided for
in said section two (2).
Sec: 5. At the time and place named
in said resolution, or at any subsequent
time to which such hearing may be post
pOneO, SAID council OF corresponding DOOy
shall meet and hear any and all testimony
offered by or on behalf of all the
Interested parties, and for that purpose
the presiding officer is hereby authorized
to administer oaths to witnesses, and
thereupon the said council or correspond
ing body shall by resolution determine
the amount of special benefits conferred
by said improvement upon each lot, part
Of lot or parcel Of ground so benefited
thereby, assessing each such lot, part Of
lot, piece or parcel Of ground for the cost
of said Improvement, without regard to
cash valuation, ratably, and in proportion
to the special benefit so conferred upon
it, but not otherwise nor in excess there
Of. and full and complete record there
Of shall be made and kept by the viii
lage or city recorder, or corresponding
officer, in separatr book kept for that
purpose, which record shall contain a
description Of the property benefited and
provement, the amount of the special
benefits determined in each case as
aforesaid, and when SO determined.
Should the aggregate amount Of bene-
fits so determined be less than the total
cost of such Improvement, the deficiency
shall be paid out of any revenues of said
village or city that the council or cor
responding body may determine, from
whatever source derived.
Said resolution shall likewise be pub
lished or posted and proof thereof be made
in the same manner as that provided in
section two ~ hereof for the posting or
in section one t1) hereof, and the proof
thereof; and, the amount of benefits to
each lot, part OF lot, or parcel of ground
so determined as aforesaid shall be and
become a charge against the same from
the date of the posting or publication or
such resolution as aforesaid.
Sec. 6. A certified copy Of such reso-.
luton and of the aforesaid record shall
be delivered forthwith by the village or
city recorder, or corresponding officer to
the village or city treasurer, and shall
be his warrant for the collection of such
assessments. The village or city treas
urer shall forthwith cause a brief notice
to be published or posted after the man
ner provided in section two (2) hereof,
in which notice he shall refer to the last
mentioned resolution, give the time and
place of its posting or publication as
aforesaid, and state that the assessments
so made for such improvements are due
and payabi5 to him, and give the date
upon which the warrant therefor came
int ohis hands for collection. If any such
assessments is not paid within thirty
days after the publication or posting of
shall be added thereto. Proof of the
posting or publication Of said notice
shall also be made by affidavit, as pro-
Vided in section two (2) hereof.
Sec. Z. If such assessment for either
or any Of the purposes aforesaid be not
fully paid to the village or city treas
urer within the thirty-day period afore-
said, or if there is not in the treasury of
thirty day period money to pay that por-
ton of the cost Of such improvement
which may be in excess of the aggregate
of the assessments so levied on account
thereof, whether the same have or have
not been collected in full, the council, or
corresponding body, shall issue or cause
to be issued, the orders of said city or
village upon the treasurer thereof for
the payment of which the full faith and
credit of such village or city is hereby
pledged for the aggregate amount Of the
unpaid balance of the cost of such i'm
provement, payable in three annual in
stallments, each Of which installments
shall be represented by separate order,
bearing interest at tate to be deter
mined by said village or city council, not
exceeding six per cent per annum. and
payable as follows: One payable not later
than one year next following the issue
thereof; one payable not later than two
and one payablenot later than three years
next following the issue thereof. All
orders shall be made payable to bearer,
and the same may be issued, negotiated
and sold by said village or city for not
less than their par or face value. The
payable at intervals of not to exceed one
year, and to each of such orders shall
be attached interest coupons evidencing
such instalments of interest
A record of all such orders shall be
made and kept by said village or city re-
corder or corresponding officer, which
record shall show the date the order was
whom sold and amount sold for, and for
what purpose the same was issued, when
the same was paid, and the amount paid,
as shown by the treasurer's books.
Sec. 8. After the issuance of such or
ders, the council, or corresponding body,