The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-01-29
Part III.
Part III.
Where There Can Be No Assessment for Benefits Pro-

Where There Can Be No Assessment for Benefits Pro-
Section 158 Whenever in the condemnation of any
property as set forth in Part where there be as
sessment for benefits all of the proceedings required TO De
had part two this suchapter shall be had under
part three hereof where there be ior
benefits except that the Council in the latter case shall IN
make any of benefits And all the pro-
visions of said part ~ of this chapter shall SO ar aS
applicable apply to and be in force hereunder part TWO
2 hereof property where there can be no as
sessment for benefits.
Effect of Award.
Section l59 Whenever an award of damages shall be
made, confirmed and appealed FROM in any proceed
ngs the taking of property under this chapter when
the Court shall render final Judgment IN any appear
from any such award for the confirmation thereof the
rights of all parties shall be finally determined thereby and
the shall constitute lawful and sufficient condena-
and appropriation the public OF the land article
FRANCHISE property rgh OF g OF Saue 1or mC + as
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 except that as to lands and rights
taken for Streets alleys and highway purposes the City
shall acquire only therein for such purposes
but before entering possession OF SAID and or prop
ery the CITY shall pay the amount of such award with in
thereon the of six per cent from the
date of the final award confirmation thereof or Judgment
of the Court the may be- In case there shall be
any doubt who entitled to such compensation or
damages or any part thereof, may be awarded, the
awarded and in doubt shall be by the Council
appropriated and apart in the treasury for whatsoever
shall establish his right thereto by judicial proceed
ing Before payment of such award the owner OF such
properly the claimant of the award shall furnish salts
=ctoy evidence OF his right to such award provided now
that the Council by resolution at time before
continuation of any award OF damages made by IT. or IN
of any appeal within twenty days after final determi
thereof abandon such proceedings and snail there
upon pay the costs thereof.
Description of Land to Be Recorded.
| Section loo Upon the completion OF any proceedings
under this chapter for the acquisition OF property tor
the City the Council shall accurate description OF
the property taken to be prepared together with state
Of the of damages if any, awarded and paid
O
Mayor and City Clerk acknowledge the for the
CITY and cause the same to be recorded in the of the
Register OF Deeds OF the County where such property IS
situated
] Local improvements and Assessment.
i Part
i Grant of Powers
improvements the Cost Which BETRAYED by AS
Section 16l. The City is hereby authorized light
grade pave repave curb gutter wall bridge gravel ma
cadamze sprinkle plank sweep repair any street
alley highway grade improve protect and orna
ment any public park square or grounds to construct I'M
prove and parkways and grass pats plant and
protect shade ornamental along streets and
nues to construct lay relay and repair sidewalks retain
ING walls CUTTERS sewers and drains in over and
any street. alley highway abate nuisances to drain
marshes, swamps and low grounds within the City when
ii they constitute nuisance and the whole any part OF
the provisions hereinafter contained betrayed by
sessment the real estate benefited thereby IN proper
ton such benefits without regard to cash valuation to be
determined and levied in the manner hereinafter provided
Cost Paid by Assessments. Exceptions.
Section 162 The cost OF any improvements mentioned
in the foregoing section shall be betrayed herein pro
vded, follows: The City Council may pay all the
penSe of said mprov of the appropriate fund
the city part all OF said expense of said improve
menS be paid by the real estate
benefited thereby be levied in the hereinafter
prescribed provided that the construction reconstruction
or maintenance OF walks public streets alleys
and sidewalks adjacent public squares public grounds
and public parks and the of improving and
ing public grounds squares and parks and the curbn9 gut
teng paving, repaving matchmaking and grading of the
Of the alleys with the shall be paid of the
pirate fund.
Amounts Assessabe Against City, Public Exempt Prop
erty.
Section 1853 The which would otherwise be as
sessabe against property belonging the City public prop
ery property exempt from for local improve
ments, shall be paid out of the appropriate fund
Two or More Improvements at the Same Time.
Section l64. Two more of said improvements upor
streets may be made the time, unde
ORDER and may in that be included in
Sewer and Water Pipes May Be Included in One Contrac
0 and Assessment
Section los The Council shall, when any is lie
for improving any street alley highway within the City
include such contract the laying of pipe
the lne and the of the shall be paid
of the appropriate general fund of the City.
Procedure Where Two Improvements Are Made at thu
r Same Time.
Section 100. If improvements included
in contract the expense of each improvement may b.
separately apporoned and the expense of each of such
proveents be assessed upon the lots and parcels
land benefited by such improvements, otheTws
provided in proportion such benefits but such two
more improvements may be included in assessment
proceeding.