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


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, 1t shall be the duty of the probate
court TO issue its order for hearing on
such petition, and the same shall be
served and published as provided by law
Tor the service and publication of notice
tor nearing OF petitions for final DEGREES
In said court, and such petitions shall be
heard in like manner with the petitioDs
for such final DEGREES.
See 2. This act shall take effect and
De IN force from and after its passage
Approved March 3, 1903
CHAPTER 24-H. F. NO. 254
AN ACI TO authorize and empower the
CITY council or common council of cities
IN this state of over 80. 900 inhabitants
10 issue and sell municipal bonds and
10 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 ascertaining.
reporting and supplying any impair
ment or depletion OF the fund into
which the proceeds of said bonds come.
Be 1t enacted by the legislature of the
State of Minnesota:
Section l. The city council or common
councll or each and every city in this
state now or hereafter having over so 600
inhabitants, in addition to all the rights
anu powers heretofore granted thereto by
LOT the purposes herein designated to
issue from time to time as needed. the
Hesotlable bonds of their respective city
10 an amount in the aggregate not to ex-
ceed three hundred and fifty thousand
dollars $3.50, O0000), said bonds to be
made IN such denominations and payable
at Such places and at such times not to
exceed ten years from the date thereof
as may be deemed best, and to bear in
tereSt at rate not to exceed three and
one-haf (310 per cent per annum. nav
tn hoy Int.
coupons attached. payable at such place
or places as shall be designated therein
anu salu city council or common council.
as the case may be- is further authorized
70 negotiate and sell such bonds from
time to time to the highest bidder or bid
GERS therefor and upon the best terms
vlded, that no such bonds shall be sold
t9r less amount than the par value
thereof and accrued interest thereon;
ana provided further, that said bonds
shall not be issued until the Issuance
thereof is authorized by resolution duly
passed by tve-sixths vote of all the
mon council proposing to issue the same.
ana no bonds shall be issued under the
provisions of this act after six months
from the date of its passage.
Sec. 2. Nothing herein Contained shall
authorize the issue at any time of the
ponds or any such city to such an amount
Ina that t 5ae whole amount Of the principal of
the bonds actually issued by such CITY
ana sui outstanding, including water and
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
CITY Tor the payment Of bonds, shall ex-
eeeo ten per cent Of the assessed valua-
ton of the non-eXempt taxable property
OF such city as shown by the last preced-
ing assessment.
>. Sec; g.. All bonds issued under author
lty or this act shall be sealed with the
seal Of the city issuing the same me and md
signed by the mayor and attested by the
clerk or recorder and countersigned by
i tne i III s,, e9Hmptroler If such officer
ana all bonds issued and sold under
authority OF this act shall be placed in
the city treasury of the city issuing the
same, and shall constitute a special fund
and shall be kept distinct from ali other
FUNDS OF the city except from funds used
IoT the same purpose, and shall be used
o orr,3 I4I tie purpose OF paying to the
sessed and levied therefor and in adXsnc
OF the collection Of such assessment III
t tIle COST OF paving, repairing or macadaTn-
NlnS any PUBIC street, lane or alley in
such city; (2) the cost of anv e1tter or
cutters along any such street lane or al
icy; (5l the cost Of laying any curb stone
along any such street lane or alIev. (not
including sidewalk proper on any snch
street, lane or alley); a. the cost of law
ing relaylng or extending any sewer pipes
IN or through any such street lane ar
alley or other public grounds or anv 80
ton thereof; and the proceeds oS qseid
bonds or any thereof shall not be used for.
| fore specified 0 Aei e4ilOe-
An SAID assessments, the amounts NJ
winch nave peen advanced from the spe-
ciat t ~ "a hereby created. and used pursu-
ant 70 the provisions of this act for noI,
ing the cost Of local improvements for
Whlch such assessments are levied SHAH
together with all penalties and accrued
INTEREST thereon, when collected be ma IN
| into the city treasury to the credit p ttu
speclal fund hereby created, and the "a nc
snail snail be and become part of said special
poses Of said special fund as hereinbaSoro
expressly provided. 10
Sec l.; 1t shall be the duty Of the cItv
SoLnptr0 pier OF said cities, or other officer
| having like duties In case there be no citl
| comptroller, TO ascertain annually et tho
END OF each calendar year, to what eY+ant
| any, the whole special fund in which
salo proceeds OF said bonds is placed and
| or which fund said proceeds form ali oT
any part, has been impaired or deDIeted
! by the annullment of assessments or other
cause, and shall state in his annual renort
the amount Of cash in the CITY trea SurS
| belonging to said fund, the amount Of
uncolected and unimpaired assessments
que ana 10 become due to said fund To-
| gether with the amount of said lima r-
| ment or depletion Of said fund If anv
| the same to be itemized under the re-
SpectiVe causes of such impa irrnen+ or a.
pletion. In case said Impairment or a.
| pletlon OF said fund. or any part tbereoP
| arose by reason Of any such SDeciaI 40
5eSSHeill DelHS less tnan the actual COST
! Of the improvement for which the assess
| ment was made, it shall be the dutv ~
| the proper officer or officers of such cftv
| and they are hereby empowered to cauSs
a new and additional special assessment
| to be made against the property which
/ was underassessed, 50 as to bring fbe
| whole assessment against said properly
| up to the actual cost of such Improve
ment. In case any portion OF said fnpair-
| ment or depletion 80 ascertained arose
| from other cause than such undera ssess-
! ment, 1t shall be the duty of the civ
| comptroller or other proper officer or ON
| 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 n
permanent Improvement fund then such
| transfer shall be made from any funds OF
| such city available for public improve
| ments. and II there should not then be
| sufficient permanent improvement funds
| or other such funds available for such
| transfer. then such transfer shall be made
| out of the first funds thereafter coming
| into the fund from which said transfer Is
| herein required to be made; provided
J however, that this 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
l ir1rO al F1tn