Echo de l'ouest. [volume] (Minneapolis, Minn.) 1883-1929, 1903-05-01

General Laws OF 1901, Is hereby amended
Section l. Whenever it shall appear by
the petition of person, claiming any
interest in real property. to the probate
property or any part thereof is situated.
thai more than five years nave passed
since the death Of any person who died
owning said real property or some inter-
est therein, and that no will has been
probated and no administration granted
in this state upon the estate Of such de-
cedent, it shall be the duty Of the probate
court to issue it's order for hearing on
such petition, and the same shall be
served and published as provided by law
for the service and publication Of notice
in said court, n such petitions shall be
heard In like manner with the petitions
for such final DEGREES.
Sec. 2. This act shall take effect and
be In force from and after its passage.
Approved March 3, 1903.
CHAPTER 24-H. F. NO. 254.
AN ACT to authorize and empower the
city council or common council of cities
In this state Of over SO, 200 inhabitants
to issue n sell municipal bonds and
to use the proceeds thereof for defray-
ing the cost Of making certain local
improvements in advance of the collec-
ton of the special assessment levied
therefor and to provide for a~scertaining,
reporting and supplying any impair
which the proceeds Of said bonds come.
Be 1t enacted by the legislature Of the
State Of Minnesota:
council Of each and every city in this
state now or hereafter having over so, 900
Inhabitants, in addition to all the rights
and powers heretofore granted thereto by
law, is hereby authorized and empowered
for the purposes herein designated, to
issue from time to time as needed, the
negotiable bonds Of their respective c..y
to an amount in the aggregate not to ex-
coed three hundred and fifty thousand
dollars ($350, 900. O0), said bonds to be
made In such denominations and payable
exceed ten years from the date thereof,
as may be deemed best, and to bear in
terest at a rate not to exceed three and
one-half (3EO per cent per annum, pay
coupons attached. payable at such place
or places as shall be designated therein,
and said city council or common council.
as the case may be, is further authorized
to negotiate and sell such bonds from
time to time to the highest bidder or bid
ders therefor and upon the best terms
yided, that no such bonds shall be sold
for a less amount than the par value
thereof and accrued interest thereon;
n PROVIDED further, that said bonds
passed by a fve-sixths vote of all the
members Of the city council or com
mon council proposing to issue the sarac;
provisions of this act after six months
from the date Of its passage.
Sec. 2. Nothing herein contained4s shall
authorize the issue at any time Of the
bonds Of any such city to such an amount
that the whole amount of the principal Of
the bonds actually issued by such city
light bonds, together with the proposed
issue, less the amount Of the bonds of
such city which shall be in and consti-
tute a part of the sinking FUND of such
civ for the nqvTnant of hNn6C Cho11 nv-
coed ten per cent of the assessed valua-
ton Of the ~non-exempt taxable property
of such city as shown by the last preced-
Sec; 3; All bonds issued under author
seal Of the city issuing the same and
clerk or recorder and countersigned by
the city comptroller, if such officer ex-
lists in such city. The proceeds Of any
n al bonds issued and sold under
the city treasury of the city Issuing the
same, and shall constitute a special fund
and shall be kept distinct from all other
funds of the city except from funds used
for the same purpose, and shall be used
only for the purpose Of paying to the
amount Of the special assessment duly as
sessed and levied therefor and In advance
Of the collection of such assessment, a.
the cost of paving, repairing or macadam-
1zing any public street, lane or alley In
such CITY; CD the cost Of any gutter Or
S~OSO $500 SsAAJ SASA A011C " d.
ley; (3) the cost Of laying any curb stone
along any such street, lane or alley; lnot
including sidewalk proper on any such
street, lane or alley); a. the cost Of lay
ing, relaying or extending any sewer pipes
in or through any such street, lane or
alley alley or other public grounds or any por-
bonds or any thereof shall not be used for
any other purposes than those hereinbe-
fore specified.
Az said assessments. the amounts Of
wh1ch nave hapn o6yyor1n1 fro-o =
c1al u hereby created, and used pursu-
ant to the provisions Of this act for pay
ing. the cost of local improvements for
which such assessments are levied. SHAH.
together with all penalties and accrued
interest thereon, when collected, be paid
into the city treasury to the credit Of the
speG1aI fund hereby created, and the same
shaH be and become a part of said special
fund and hall be used only for the pur-
poses Of said special fund as h~ereinbefore
expressly provided.
comptroller of said cities, or other officer
having like duties In case there be no city
comptroller. to ascertain annually, at the
end of each calendar year, to what extent,
If any, the whole special FUND in which
said proceeds of said bonds is placed and
OF which fund said proceeds form all or
any part, has been impaired or depleted
by the annullment Of assessments or other.
cause, and shall state in his annual report
the amount Of cash in the city treasury
belonging to said fund. the amount OF
NAN nSSCSol1SlllS
due and to become due to said fund, to-
gether with the amount Of said impair
ment or depletion Of said fund, If any,
the same to be itemized under the re-
spective causes Of such impairment or de-
pletion. In case said impairment or de-
pletion Of said fund. or any part thereof.
sessment being less than the actual cost
Of the improvement for which the assess
ment was made, 1T shall be the duty Of
the proper officer or officers Of such city.
and thew are hprahV prnnOWaraH RI nc, =,
a new and additional special assessment
to be made against the property which
was underassessed, SO as to bring the
up to the actual cost of such improve
ment. In case any portion Of said impair
ment or depletion SO ascertained arose
ment, it shall be the duty Of the city
comptroller or other proper officer or Off
GERS of such city, to transfer from the
permanent improvement funds of such
city to said impaired or depleted fund the
amount Of such impairment and depletion
arising from such other cause. In case
any such city has no fund designated as
permanent improvement FUND then such
transfer shall be made from any funds Of
such city available for public improve
ments, and if there should not then be
or other such funds available for SUCH
transfer, then such transfer shall be made
out Of the first funds thereafter coming
into the fun from which said transfer il
herein required to be made; provided.
however, that his act shall not be con-
strued to require any such reassessment
nor any such transfer except for such
impairment or depletion as arises after
the proceeds Of any Of said bonds have
come into said special fund.
Sec. S. This act shall take effect and
be in force from and after it's passage.
Approved March 3, 1903.
CHAPTER 25-H. F. NO. 4.
AN ACT proposing an amendment to sec-
ton six (6), of article eight 90, of the
Constitution Of the State Of Minnesota,