The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-02-19

Part III.
Where There Can Be No Assessment for Benefits. Pro
| Section 1853. Whenever in the condemnation of any
property set forth in Part O. where there be
for benefits all of the proceedings required be
had under part of this subchapte shall be had under
part three 60 hereof where there be for
DEMENT'S except that the Council in the latter shall in
event make any OF benefits And all the pro-
VISIONS OF said part two O of this chapter shall far
applicable apply and be in force hereunder in part
90 hereof condemn property where there be
sessment for benefits.
Effect of Award
Section 49, Whenever award of damages shall be
made confirmed and not appealed FROM in any proceed
mgs Tor the taking of property under this chapter when
ever the Court shall render final judgment any appeal
from any such award for the confirmation thereof the
rights of all parties shall be finally determined thereby and
the same shall constitute lawful and sufficient condemna
ton and appropriation the public Of the land article
franchise property right thing OF value for which dam
ages awarded and every right title and interest
therein and thereto and lien thereon shall be there
by Invested and the City shall become vested with the
title and become the of the property taken and
condemned absolutely for all purposes for which the City
may the same except that to lands and rights
taken for streets alleys and highway purposes the City
shall acquire only easement therein for such purposes
but before entering possession OF said land prop
erty the City shall pay the of such award with in
thereon at the Of per from the
date of the final award confirmation thereof judgment
OF the Court the may be- In there shall be
any doubt who is entitled such compensation
damages or any part thereof as may be awarded the
amount awarded and in doubt shall be by the Council
appropriated the Tor whatsoever
shall establish his right thereto by judicial proceed
ing Before payment of such award the of such
prope~y the claimant OF the award shall furnish salts
ecory evidence of his right such award provided how
that the Council by resolution any time before
confirmation OF any award of damages made by it. in
of any appeal within twenty days after final determ
nation thereof abandon such proceedings and shall there
upon pay the costs thereof.
| Description of Land to Be Recorded
Section 100 Upon the completion OF any proceedings
chapter for the acquisition OF any property
the City the Council shall accurate description OF
the property taken be prepared together with state
of the damages if any, awarded and paid
to be paid to each former thereof and its
Mayor and City Clerk acknowledge the for the
City and the to be recorded in the Office of the
Register of Deeds of the County where such property
situated
Local Improvements and Assessment
Part
Grant of Powers.
improvements Cost of Which May Be betrayed by
Section l6l. The City is hereby authorized to light
grade pave repave, curb, gutter wall bridge gravel
cadamlze sprinkle plank sweep repair any street.
alley highway grade improve protect and
ment any public park square grounds construct i'm
prove and ornament pakways and grass pats plant and
protect shade ornamental along and
to construct lay relay and repair sidewalks retain
ing walls cutters, sewers and drains, in and under
any street. alley highway abate nuisanccs drain
marshes, swamps and low grounds within the City when
they constitute nuisance; and the whole any part Of
the expense OF such Improvement may be- sub to
the provisions hereinafter contained betrayed by
sessment upon the real estate benefited thereby proper
Dement'S, without
determined and levied in the hereinafter provided
| Cost Paid by Assessments Exceptions.
Section 1872 The OF any improvements mentioned
the foregoing section shall be betrayed herein pro-
vided follows: The City Council may pay all the
pense of said Improvement of the appropriate fund of
the city part all of said expense of said improve
ments be paid by the real
benefited thereby, be levied in the hereinafter
prescribed provided that the construction reconstruction
maintenance of walks public alleys
and sidewalks adjacent to public squares, public grounds
the
public grounds squares and parks and the cubng gut
ering paving repaving matchmaking and grading of the
space occupied by street intersections and the intersections
OF the alleys with the shall be paid of the appro
pirate fund
Amounts Assessable Against City, Public Exempt Prop
erty.
Section 1863 The which would otherwise be as
sessabe against property belonging the City public prop
erty property exempt from for local improve
ments, shall be paid out OF the appropriate fund.
Two or More Improvements the Same Time.
streets may be made the same time under
ORDER and may that be included contract
Sewer and Water Pipes May Be Included in One
and Assessment.
Section l65 The Council shall when any contract is let
for improving any street. alley highway within the City,
include in such contract the laying of pipes
the curb line and the of the shall be paid out
Of the appropriate or general fund of the City.
Procedure Where Two Improvements Are Made at the
Same Time.
Section 100 If two or more improvements are included
contract the expense of each improvement may be
separately apportoned and the expense of each of such i'm
proveents may be assessed upon the lots and parcels of
land benefited by such improvements otherwise
provided in proportion to such benefits but such