Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1915-04-29

AN ACT relating to the leasing of streets or
ALLEYS. or parts thereof. not used BY the
public in cities OF the 6rst class. not OPP
Grating under Home Rule Charter.
BE it enacted by the Legislature Of the State
of Minnesota:
Section l. Every city Of the frst class not
operating under home rule charter Is hereby
authorized and empowered. In any and ali
cases where tracts of ground have. In the
plating OF land in such city or otherwise,
been dedicated to public use. to be used for
streets alleys or other similar public purposes,
other than parks or parkways and such tracts
OF ground any part thereof by reason OF
change OF grade OF railroads or of other streets
or alleys crossing such railroads or In any 9TH
er way. have become. at least for number OF
years in the future, untitled for use by the
public for the purpose for which they were
dedicated to public use, TO lease to the owner
or owners of property abutting thereon the
surface OF such portion of streets or alleys
or tracts of ground cannot be used BY said
CITY for the purposes for which such ground
was dedicated grant the right in the nature
of a lease TO erect structures overhead across
the same for a short period or permanently, or
under the surface thereof. in the manner and
under the conditions hereinafter set forth.
Sec 2. Whenever application shall be made
to the city council common council Of any
such city to lease. or to vacate any such
tract OF ground IL herrinhefore referred TO,
the question of the advisaeility OF said city s
making such lease vacation shalt be re-
ferred to the appropriate committee Of said
council: and II after a full consideration OF
premises In question by the whole committee
I'm body, said committee shall report back ia
said council that It Is to the interest OF said
posed lease then. and In every such case,
ir the said council shall by two-thirds vote
Of the whole membership OF such body. de-
terrrtne to proceed with such lease the cues
tion as to the amount Of yearly rental TO be
charged by said city for the use OF such street
alley or tract Of ground portion thereof
shall be referred to Ave commissioners appoint
| ed In the manner as commissioners are
appointed to assess benefits and award dam
AGES In case OF opening new streets or alleys
/ In said city, and such commissioners shall in
all such cases receive for their services the
same fees they receive for services In pro-
ceaInss Tor the opening Of new streets or
alleys; provided. that the city council or COM
mon council OF the city taking proceedings &c
lease such streets ALLEYS or tracts of ground
| or portions thereof as are referred to In sec
ton one of this act shall not be bound to lease
for the rental decided upon by such commits
soners but said council may. after heartnE
! the report OF said commissioners. BY a ma
tority vote refuse altogether 70 make such
release or may require the persons leasing such
street or alley or tract of ground to pay
such larger for such lease the said
council may determine, II in the Judgment
| Of a majority Of said council larger rental az
price should in any particular cases
| he paid; but rental shall in any be
the commissioners as aforesaid: nor shall sub
rental IN any case be greater than six (s
Der centum per annum on sixth u 81 of the
value Of the fee OF the land so leased; and In
case OF the renting of any such street or alley
or tract Of ground the city council may imp.
pose any such conditions as they. in their iudg-
/ ing rights to put In, at any time, In such
street alley or tracts OF ground either sewer:
or water mains that may be needed snd the
necessary nanholes hydrsntS, and other an
pliences connected with sewers waite,
mains. and also any conduts that may b.
needed by the city itself for wires or cables
70 conduct electricity for any city PURPOSES
! Sec, 5, An money paid for rental under
! the provisions OF this act shall be paid into
the ward fund NJ the ward In which such
street, alley tract Ia located or. II loca ted
IN more than one ward. then into the war
= %, n" respective wards IN whtra, sucN
street alley tract Is located In amounts
rroporticnate TO the area thereof located in
each Of such wards
! Sec 4, II In any case where tho lease q,
proposed. the Of such stree alley q,
tract hv the general public for which Il wa.
dedicated to public Is to all intents snr
purposes impossible. but nevertheless some ner.
acea by such lease. II made. then and IN ever,
such the commissioners referred 10 In
section two hereof shall determine the amour
Of damages to which each of such person.
specially damaged IS entitled. and make re-
MORT 10 the council: and said council shall n,
utItre the person 70 whom said lease Is made
and before the same Is censumma.e led TO pa,
to each % said persons specially damaged .
sum not less than the amoun. determined h.
said commissioners, and such larger sum I,
any, as the said council NAV determine ts
fairly ana Justly due as damages 70 the vars
damaged hv the lease In question: provides
that nothing in this set shsn be construee
cutting OF sbrtdetns the right IT pn,
damaged by such lease 20 apply to n.
In such case rs the courts may be empowered
/ 20 grant.
! Approved Arrtr % 1918