The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1915-02-26

sale or take an assignment of any lien same agains
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 anci
patton OF the levy and collection of such assessment wheh
er divided into nstaments not levy and collec
ton of general to pay for such improvements. tc
warrants certificates of Indebtedness the per-
nanent 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 six per cent PEI a.r,
payable annually the st day of October and may
attached representing each years interest Such
warrants certificates shall DC ssessahle and shall
state upon their face for what purpose they issued and
that they payable of the permanent improvement
revolving fund shall signed by the Mayor and cou
tersgned by the City Clerk under the seal of the City
be in denominations of not than thousand dollars
each Such warrants may be used in making payments
contracts tor making the improvements Tor which the
sessents made, may be sold for cash. at not less
than value thereof and the proceeds thereof credited
to the permanent Improvement revolving fund.- and used
tor paying tor said improvement 1t shall be the duty OF
the City Treasurer to endorse each warrant issued aore
said presentation him. the Posofce address of such
assignee The City Treasurer shall keep proper
the Posoce 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 out of the fund which they
drawn, and to cancel the when paid Any indebt
edness created by the issuance of such
tifcaes OF indebtedness shall not be deemed as part Of
of the OF the aggregate Indebtedness
and limited by subdivision four a. of section ninety
nine (o0) of this Charter.
Every warrant issued as aforesaid shall contain the fol-
lowing provso
The City of Ely reserves the right pay this warrant
and accrued interest at time upon giving the holder
thereof thirty days notice"
Whenever there funds in the Improvement
revolving fund that be properly applied to the pay
ment OF such outstanding warrant shall be the duty
of the City Treasurer notify the holder of such
that there the City Treasury for the payment of
the Said notice may be given by mail addressed
the last known Postoce address of the owner of said
I 1 he
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 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 after thirty days
from the mailing OF said notice.
Appeal to the District Court
Section 1874 Any person interested in any property
sessed under this Charter, for benefits resulting from any
may appeal from such the
District Court of the County within thirty days after the
publication of the notice provided for in Sections 1885, o
and 2l5 of this Charter.
Appeal. How Made. Procedure on Appeal.
Section 195. Said appeal shall be made by filing writ
notice with the Council stating that appellant appeals
the said district from said and containing
description OF the property of said appellant assessed
and the objections of said appellant such and
by filing with the Clerk of said within ten days
ioPy OF SAID notice R % render an h M
appellant the City conditioned that appellant shall pay
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
be approved by the Judge of said Court and filed the
office of the Clerk of said Court. In of appeal it
shall be the duty of the Council forthwith to prepare and
deliver to the appellant copy of the roll
confirmed it shall be necessary to include in said copy
only those pages of said roll which pertinent the
property involved 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 may, when necessary
require further return to be made The shall be
entered by such Clerk in the name of the person taking
tha from Acca
ments and may be brought for hearing by either party
and shall have the preference order of trial all civil
cases pending in said Court
Procedure in District Court on Appeal.
Section 1876 Such appeal shall be tried by the Court
without jury Except that in condemnation proceedings
either party may demand jury tria general special
term without pleadngs other than above stated. Upon
such trial appellant make other objections said
than those stated his notice of appeal but the
Court its discretion permit such notice to be amend
ed in this respect any time The Court shall hear such
competent evidence may be offered by either party and
revise correct amend increase reduce confirm the
appealed from, may order
be made to the property concerning which such appeal
taken, and in that shall direct the Council how
make such assessment so to avoid the errors
planned Of
The Court shall not dismiss the appeal confirm or
annu the the ground that only portion of
the roll has been returned but either party
introduce the whole of said roll in evidence and the
shall in all whether said appeal otherwise and
all Courts be prma acc evidence of the validity of all
proceedings to and including the confirmation of the
assessment.
Disbursements and COSTS except statutory COSTS NAV in
the discretion of the Court be allowed said appeal
other civil but judgment entered therefor against
the City shall be paid odt of the general fund From the
determination of said appeal by the District Court either
party may appeal to the Supreme Court of the State
Copy Order Sent the City Treasurer Proceedings
Section 1877 1t shall be the duty of the Clerk of the Dis
rct Court within twenty days after such order filed by