Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1913-08-29

petition of not less than twenty-five (25)
per cent of the owners, owning not less
Of the real estate to be- assessor there
for, as shown by the records in the of
lice of the register of deeds of Nor
rison county, cause to be made any i'm
charter, to be made by the city and may
thereupOn assess the cost of such inn
pro o or any portion thereof,
The council may cause such work to be
done directly by and under the super
vide for the doing Of the work by con
tract under the inspection of the city
Manager.
Having ascertained the damages and
council shall, thereupon apportion and
assess the same, together with the costs
of the proceedings upon the real estate
by them deemed specially benefited, in
proportion to the benefits resulting there
to from the Improvement, as nearly as
may be, and shall briefly describe the
real estate upon which the assessment
may be made; and it shall constitute no
legal objection to such assessment, that
the amount, thereof either exceeds or
falls short of the original estimate of the
cost of the Improvement. ..E
In case the council shall at any time
deem it necessary that such improve
ment above referred to be made, it may,
without petition therefor. upon four
ffthS vote of it's members, declare by
resolution the necessity of such improve
ment, and its determination to have the
same made. Such resolution shall par
be aae and the cost se
viously estimated by the city Engineer,
and shall state therein what proportion
of such cost it is proposed to assess
against the property specially benefited
by such Improvement, and the territorial
limits within which sucH assessment is
proposed to be made: Upon the passage
period Of sixty (eo) days shall elapse be-
fo!:: any further action shall be taken
by the council in the matter of such i'm.
groyem MENU IT, within sad sixty eS
improvement be filed with the council,
signed by not less than twenty-five per
cent (25 per cent? of the owners. owning
per cent? of the property proposed to be
assessed for such improvement, protest
ing against the making Of the improve
ment, the council shall not make such
erty benefited, unless in the meantime,
there be filed with the council a petition
asking that the improvement be made,
number and amount of interest equal to
those signing the remonstrance; in which
event the council may proceed with
such improvement at the expense of the
remOnStrance.
Sec. H. The cost of grading, paving
and otherwise improving the intersec-
lions of streets, avenues and alleys with
other streets, avenues and alleys shall be
paid by general taxation out of the per-
manent Improvement fund and no assess
mns f kSa b for any such
If the council shall deem any such
improvement on any street which has
been designated as a state road, or on a
especially beneficial to the public at
large. it may, upon unanimous vote OF
its members. order to be paid from the
permanent Improvement fund, not ito
of the cost and expense or the improve
mnt on such state road. and not to ex-
fifty per cent $50 per cent? Of the cost
ana ex? ?e cot of the improvement on such
and shall assess the remaining percent
age of the cost against the abutting prop
In case the amount collected by as
sessment prove insufficient to pay the
cost of the improvement, the council
may authorize the payment Of the
deficit out Of the permanent inn
When it has been determined that any
Improvement provided for in the fore
going sections is to be made, and the
cost which is to be assessed against the
property benefited ascertained, the COM
missioner of public works and the city
Manager shall cause such assessment to
be made and the amount thereof ap-
proporti9nad among the lots to be
benefited upon the basis of an equal sum
per front foot of each lot or parcel of
land abutting on such improvements; or
in case of the construction of district,
joint district, and lateral sewers, shall
apport1on such assessment in the man
ner provided in laws or Minnesota, 1903,
chapter 81, and amendments thereof:
provided, that lot or tract abutting on
two streets along which lateral sewers
s msy Dc en,v constructed fSs shall be
number Of feet abutting 'e on the S' str eet
on which it fronts. The commissioned
and the Manager shall cause an assess
nent roll to be made in accordance with
same to the council Notice of co11firma-
ton thereof by the council shall be pub
lished in the official paper: The inn
thereafter. shall be completed without
unreasonable delay
Of land who has not been assessed for
the construction of a lateral sewer, shall
oe allowed to make a connection with
such, sewer, either directly or indirectly,
he shall be required to pay into the per.
n3anent Improvement revolving fund, a
sum equal to the amount assessed for
the construction of such sewer on a basis
Sec y ANY party i in}ere aTegfaE fn any
property assessed under this chapter
| may appeal from such assessment ia
the district court Of Morrison county
Minnesota, within thirty 800 days after
the publication of the notice of confirma.
ton thereof by the council Such an.
peal is hereby declared to be the exclusive
way in which such assessment can be ir
any wise revised, modified, amended OF
annulled.
Sec 7s. Said appeal shall be made by
| filing q written notice with the Manag.
er stating that the party appeals to SAID
district court from said assessment. anG
| containing a description of the property
I Of said appellant so assessed, and the
! objection of said appellant to such as.
sessment, and by filing with the clerk
OF said district court within ten 90,
days thereafter, copy of said notice 70,
| appeal. In case of an appeal, the council
/ shall cause a copy of the assessment rOl
to be made and filed with the clerk Of
the district court within ten 1O days
from the time of the service of The
| notice of appeal In case the return sc
| made by the district court shall in any
| respect be defective, or insufficient, the
co 'rt may. require a further and fu;ir;
return to be made. The cause shall be
entered by the clerk of the district co;lr1
in the name of the person taking the ap.
peal against the city as an appeal from
assessments and it may be brought on
for hearing by either party. the same as
causes in said district court.
Sec. "a. Such appeal shall be tried nv