The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-02-05

power pdrCcl
sale take assignment of any lien same 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 anc
patton OF the levy and collection of such assessment whet
divided into installmens not levy and collec
ton of general taxes pay for such improvements,
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 warrants shall bear
interest at rate not exceeding per cent per annum
payable annually the LIST day of October and may have
coupons attached representing each years Such
warrants certificates shall be worcestershire and shall
state their face for what purpose they issued and
that they payable out of the permanent Improvement
revolving fund and shall be signed bv the Mayor and coun
tersgned by the City Clerk under the seal of the City and
be in denominations of not than thousand dollars
each Such warrants may be used in making payments
for making the improvements for which the
sessments made be sold for cash. at not less
than par value thereof and the proceeds thereof credited
to the permanent Improvement revolving fund and used
for paving for said 1t shall be the duty of
the City Treasurer endorse each issued aore
said presentation to him. the Postoce address of such
assignee The City Treasurer shall keep proper record
the Postoce addresses of the holders of all issued
aforesaid 1t shall be the duty of the City Treasurer
such warrants and interest coupons they mature and
presented for payment OF the fund which they
are drawn and to cancel the when paid Any ndebt-
edness created by the issuance of such
cates OF indebtedness shall not be deemed as part Of
of the amount of the aggregate Indebtedness
and limited by subdivision four (, of section ninety
nine (9o) of this Charter.
Every warrant issued as aforesaid shall contain the
lowing proviso:
he City of Ely reserves the right to pay this warrant
and accrued interest time upon giving the holder
thereof thirty days notice"
Whenever there funds in the Improvement
revolving fund that may be properly applied to the
of the City Treasurer notify the holder of such
that there money the City Treasury for the payment of
the Said notice be given by mail addressed to
the last known Postoce address of the of said
rant and such address unknown said notice shall be
addressed to such person at Ely; Minnesota Proof of
such mailing shall be made by affidavit of the person mail
ing the same and shall the time and of mail
ing and how each notice addressed and such affidavit
shall be filed and preserved in the office of the City Treas
Such warrant shall draw interest alter thirty days
from the mailing OF said notice.
Appeal to the District Court.
Section 1884, Any person interested in any property
essed under this Charter for benefits resulting from
improvements, may appeal from such assessment to the
District Court of the County within thirty days after the
publication OF the notice provided Tor IN Sections 49, 10
and us of this Charter.
Appeal How Made. Procedure Appeal.
Section 1875. Said appeal shall be made by filing writ
the said district court from said assessment and containing
description of the property OF said appellant SO assessed
and the objections of said appellant such and
by filing with the Clerk OF said court within ten days there
after copy of said notice OF appeal render an appeal
eectua for purpose bond shall be executed by the
all costs and charges which may be awarded against him
the appeal not exceeding the penalty of the bond which
shall be in the of two hundred dollars Said bond shall
office of the Clerk of said Court In of appeal
shall be the duty of the Council forthwith to prepare and
deliver to the appellant copy OF the assessment roll as
conrmed 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 when necessary
require further be made. The shall be
entered by such Clerk in the OF the taking
such appeal against the City Appeal from Assess
/ hx,o
and shall have the preference in order of trial 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 trial. at general or speca
term without pleadgs other than above stated Upor
such trial appellant make other objections to SAFE
assessment those stated in his notice of appeal but the
Court may in discretion permit such notice to be amend
ed this respect any time The Court shall hear sucf
competent evidence may be offered by either party ane
NAV revise amend increase reduce or confirm thu
assessment appealed FROM may order new assessment
be made the property concerning which such appea
make such to avoid the errors com
planned of.
The Court shall dismiss the appeal, nor confirm O
annu the assessment the ground that only portion
the assessment roll has been returned but either party
introduce the whole of said roll evidence and the sam
in all Courts be prma acie evidence of the validity OF al
proceedings up and including the confirmation OF tn
assessment.
Disbursements and COSTS except statutory COSTS may
the discretion of the Court be allowed said appeal as
other civil but Judgment entered therefor aeas
the City shall be paid out of the general fund From tn
determination of said appeal by the District Court eithe
appea @ the Supreme Court OF the State.