The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-01-29

THE ELY MI
have to purchase lot parcel of land any
sale or take an assignment of any lien against
which the City has lien for special assessment and
sell and assign any 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 antc
patton of the levy and collection of such whet
divided into installments not levy and colec
ton of general taxes to pay for such improvements, to
issue certificates of indebtedness the per-
manent Improvement revolving fund payable at 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
coupons attached representing each years interest Such
warrants certificates shall be worcestershire and shall
state upon their face for what purpose they issued and
that they are payable out OF the improvement
revolving fund.- and shall be signed by the Mayor and
tersgned by the City Clerk under the seal of the City
be in denominations of than thousand dollars
each Such warrants may be used in making payments
contracts tor making the improvements for which the
sessments are made or may 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 paying for said improvement 1t shall be the duty of
the City Treasurer to endorse each warrant issued ore
said presentation him. the Postoce address of such
assignee The City Treasurer shall keep proper record of
aforesaid 1t shall be the duty Of the City Treasurer
such warrants and interest coupons they and
presented for payment of the fund which they
drawn and to cancel the when paid Any indebt
edness created by the issuance of such
tfcaes Of Indebtedness shall be deemed part Of
excess of the amount the aggregate indebtedness
and limited by subdivision four 4 of section ninety
nine (oo) of this Charter.
Every issued as aforesaid shall contain the fol
lowing provso
THE City of Ely the right to pay this
and accrued interest at any time upon giving the holder
thereof thirty days notice"
Whenever there funds in the permanent improvement
revolving fund that be properly applied to- the pay
men of such outstanding warrant it shall be the duty
of the City Treasurer notify the holder of such
O.
the Said notice may be given by mail addressed
the last known Postoce address OF the OF said
rant and if such address is 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 and shall state the time and manner of mail
ing and how each notice addressed and such affidavit
shall be filed and preserved the office OF the City Treas
Such warrant shall draw interest after thirty days
from the mailing of said notice.
Appeal to the District Court
Section 1914 Any person interested in any property
sessed under this Charter for benefits resulting from any
improvements, may appeal from such to the
District Court OF the County within thirty days after the
publication of the notice provided for in Sections 155 6
and 215 of this Charter.
Appeal How Made Procedure on Appeal.
Section 1876 Said appeal shall be made by filing writ
ten 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 to such and
by filing with the Clerk of said within days there
after copy of said notice OF appeal 10 render appeal
eectual for any purpose bond shall be executed by the
appellant to the City conditioned that appellant shall
all costs ana charges winch may De MIN
the appeal exceeding the penalty of the bond which
shall be in 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 1t
shall be the duty of the Council forthwith to prepare and
deliver the appellant copy of the roll
confirmed; it shall be to include 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 i'll 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 return be made. The shall be
entered by such Clerk in the OF the person taking
and may be brought for hearing by either party
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 tra general or special
without pleadngs other than above stated Upon
such trial appellant make other objections to said
than those stated in his notice of appeal but the
Court may its discretion permit such notice to be amend
ed this respect at 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
is taken and in that shall direct the Council how to
make such to avoid the
planned of.
The Court shall dismiss the appeal confirm
the the ground that only portion OF
the roll has been returned but either party
the whole of said roll in evidence and the same
shall in all cases. whether said appeal otherwise and
in all Courts be prma facie evidence of the validity Of all
proceedings up to and including the confirmation OF the
assessment.
Disbursements and costs except statutory costs
the discretion of the Court be allowed said appeal in