The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-02-26
Part III
Where There Can Be No Assessment for Benefits. Pro
Part III.


Where There Can Be No Assessment for Benefits Pro
cedure
Section 1873. Whenever, in the condemnation of any
property forth in Part where there be
for benefits all of the proceedings required be
had under part of this chapter shall be had under
part three O hereof where there be for
benefits, except that the Council in the latter shall in
no event make any OF benefits And all the
visions of said part ) of this chapter shall far
applicable apply to and be in force hereunder in part two
90 hereof to condemn property where there be as
sessment for benefits.
Effect of Award.
Section $50 Whenever an award of damages shall be
made, confirmed and not appealed FROM in any proceed
ngs 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
franchise property right thing of value for which dam
ages are awarded and every right title and interest
therein and thereto and every lien thereon shall be there
by dVested 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 as to lands rights
taken for Streets alleys and highway purposes the City
shall acquire only therein for such purposes
but before entering upon possession OF said land
erest thereon at the OF per from the
date OF the final award confirmation thereof judgment
OF the Court the be- In there shall be
any doubt who is entitled such compensation
damages any part thereof may be awarded the
amount awarded and in doubt shall be by the Council
appropriated and apart the treasury for whatsoever
shall establish his right thereto by judicial proceed
ing Before payment OF such award the OF such
prope.y or the claimant the award shall furnish salts
.ctoy evidence of his right such award provided how
ever that the Council may by resolution any time before
confirmation OF any award OF damages made by it, or in
case OF any appeal within twenty days after final deerm
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
under this chapter for the acquisition of any property for
the City the Council shall description of
the property taken to be prepared together with state
n1pn tof of
to be paid to each former thereof and its
Mayor and City Clerk to acknowledge the for the
CITY, and the to be recorded the Office of the
Register of Deeds of the County where such property
situated
Local Improvements and Assessment
Part
Grant of Powers.
improvements the Cost of Which May Be betrayed by AS
Section lo The City is hereby authorized to light
grade pave repave curb gutter wall bridge gravel
cadamze sprinkle plank sweep repair any street.
alley highway to grade improve protect and
ment any public park square grounds to construct i'm
and ornament parkways and grass pats plant and
protect shade ornamental trees along and
to construct lay relay and repair sidewalks retain
ing walls CUTTERS sewers and drains and under
any street alley or highway to abate nuisances to drain
marshes swaps and low grounds within the City when
they constitute nusance and the whole any part OF
the OF any such Improvement be, subject
the provisions hereinafter contained betrayed by
upon the real estate benefited thereby proper
ton such benefits without regard valuation to be
determined and levied in the hereinafter provided
Cost Paid by Assessments Exceptions.
Section 162. The cost of any improvements mentioned
the foregoing section shall be defrayed herein pro-
vided, follows: The City Council may pay all the
pense OF said improvement OF the appropriate fund of
the city, all of said of said improve
may be paid by upon the real
benefited thereby, be levied in the hereinafter
prescribed provided that the construction reconstruction
maintenance OF walks public alleys
and sidewalks adjacent public squares public grounds
and public parks and the of improving and
ing public grounds squares and parks and the curbng gut
space occupied by intersections and the
of the alleys with the street. shall be paid of the appo
pirate fund.
Amounts Assessabe Against City, Public Exempt Prop
erty.
Section 1863 The which would otherwise be as
sessabe against property belonging the City public prop
eryor property exempt from for local improve
ments shall be paid out of the appropriate fund
Two or More Improvements the Same Time.
Section lo4. Two of said improvements upon
or streets be made at the time under
ORDER and may that be included in
Sewer and Water Pipes May Be Included in One Contract
and Assessment.
Section los 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
of the appropriate general fund OF the City
Procedure Where Two Improvements Are Made at the
Same Time.
Section 100 If two more improvements included
contract the expense of each improvement be
separately apporoned and the expense of each of such
may be assessed upon the lots and parcels of
provided in proportion such benefits but two or
more Improvements may be included in assessment
proceeding
Part II.