The Ely miner., 1915-02-12

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power purchase any lot or parcel land at any tax
sale take assignment of any lien against
which the City has lien for special and may
sell and assign such lien held by said city and other
wise take such action will protect the interest of the
City
Council May Issue Warrants
Section 1913 The Council is hereby authorized in
patton OF the levy and collection Of such assessment whe
er divided into lnstalments not levy and coec-
ton of general to pay for such improvements to
issue warrants certificates of indebtedness the per-
manent Improvement revolving fund payable such times
and in such amounts in the Judgment of the Council the
said assessments will provide which shall bear
interest at rate not exceeding six per cent per annu
payable annually the lst day OF October and
coupons attached representing each years interest Such
certificates shall be nonassessable and shall
state upon their face for what purpose they issued and
that they payable out of the permanent Improvement
revolving fund and shall be signed by the Mayor and
tersgned by the City Clerk under the seal of the City and
be denominations of than thousand dollars
each Such may be used in making payments on
contracts for making the improvements for which the
sessments made may be sold for cash. less
than par value thereof and the proceeds thereof credited
to the permanent Improvement revolving fund.- and used
for paying for said improvement 1t shall be the duty of
the City Treasurer endorse each issued aore
said presentation him. the Postoce address of such
assignee The City Treasurer shall keep record
the Postoce addresses of the holders of all
aforesaid 1t shall be the duty of the City Treasurer
such warrants and interest coupons they
presented for out of the fund which they
drawn and to cancel the when paid Any ndebt
edness created by the issuance of such
tfcaes of Indebtedness shall be deemed part Of
OF the of the aggregate indebtedness
and limited by subdivision four a. of section ninety
nine (9o) of this Charter.
Every issued aforesaid shall contain the fol-
lowing provso
"The City of Ely the right pay this warrant
and accrued interest at any time giving the holder
thereof thirty days notice.
Whenever there funds in the permanent improvement
revolving fund that may be properly applied to the pay
of any such outstanding warrant shall be the duty
Of the City Treasurer to to notify the holder OF is such
the Said notice may be given by mail addressed
the last known Posoce address of the of said
rant and if such address is unknown said notice shall be
addressed such person Ely Minnesota. Proof Of
such mailing shall be made by affidavit of the person mail
ing the and shall state the time and of mail
ing and how each notice addressed and such affidavit
shall be filed and preserved the Office of the City Treas
Such shall draw interest after thirty days
from the mailing OF said notice.
Appeal to the District Court.
Section 1874 Any person interested in any property
sessed under this Charter for benefits resulting from any
improvements, may appeal from such assessment the
District Court of the County within thirty days after the
publication of the notice provided for III Sections 155 o
and 215 of this Charter.
Appeal. How Made Procedure Appeal
Section 1876 Said appeal shall be made by filing writ
notice with the Council stating that appellant appeals to
the said district from said and containing
description of the property of said appellant assessed
and the objections of said appellant such and
by filing with the Clerk of said within days there
after copy of said notice of appeal To render appeal
eectua for any purpose bond shall be executed by the
appellant to the City conditioned that appellant shall
all and charges which may be awarded against him
on the appeal peaty OOnd WHICH
shall be the of two hundred dollars Said bond shall
be approved by the Judge of said Court and filed in the
office of the Clerk of said Court In of appeal it
shall be the duty of the Council forthwith prepare and
deliver to the appellant copy OF the assessment roll as
confirmed it shall be necessary to include in said copy
only those pages of said roll which pertinent to the
property involved in such appeal which copy shall within
fifteen days after the taking of such appeal be filed by the
appellant in the Office of the Clerk of said Court. The
District Court may for good shown grant further
time for filing such certified copy may when
require further return to be made The shall be
entered by such Clerk in the of the person taking
such appeal against the City Appeal from Assess
mens and may be brought for hearing by either party
and shall have the preference order of trial over all civil
cases pending in said Court
Procedure in District Court Appeal.
Section 1876 Such appeal shall be tried by the Court
without Jury Except that in condemnation proceedings
either party may demand jury ra at general special
such trial appellant make other objections to said
than those stated in his notice of appeal but the
Court may discretion permit such notice to be amend
ed this respect any time The Court shall hear such
competent evidence be offered by either party and
may revise correct amend increase reduce confirm the
assessment appealed FROM may order new assessment
the property concerning which such appeal
is taken and in that event shall direct the Council how to
make such assessment as to avoid the errors COM
planned Of.
The Court shall not dismiss the appeal, confirm
annul the the ground that only portion OF
the roll has returned but either party may
introduce the whole of said roll in evidence and the
shall in all whether said appeal otherwise and
in all Courts be prma acie evidence of the validity of all
proceedings up and including the confirmation OF the
assessment.
DISBURSEMENTS and COSTS except statutory costs may
the discretion of the Court be allowed said appeal
other civil cases. judgment entered therefor against
the City shall be paid of the general fund From the