Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1915-04-29
CHATTER 2oi--H. r. No. 81

n TeTATTnB
alleys. or parts thereof not used b. The
public. in cities OF the first class, not op-
Grating under a Home Rule Charter.
Be II enacted by the Legislature OF the state
of Minnesota;
Section /. Every city Of the first class not
operating under II home rule charter Is hereby
authorized and empowered. in any aud all
cases where tracts of ground have, in the
plating of land in such city otherwise.
been dedicated to public use. 70 be used FOR
other than parks or parkways. and such tracts
of ground or any part thereof by reason OF
change of grade of railroads or of other strHets
or alleys crossing such railroads or In any 9th
er way. have become at least for q number OF
years in the future united for use by the
dedicated TO public use, to lease to the owner
or owners OF property abuttlng thereon the
surface of such portion OF streets or alleys
or tracts OF ground as cannot I've used BY said
city for the purposes for which such ground
was dedicated. or grant the right In the nature
of a lease to erect structures overhead across
the same for a short period or permanently. or
under the surface thereof, in the manner and
under the conditions hereinafter set forth.
Sec 2. Whenever application shall be made
to the city council or common council Of any
such city to lease, or to vacate. any such
tract of ground as fs heretnhefore referred TO.
the question Of the advisablity OF said city S
making such lease or vacation shall be re-
ferred to the appropriate committee of said
council; and IL after full consideration Of
said question. including the viewing OF the
premises In question by the whole committe"
In q body. said committee shall report back ia
said council that II is to the interest OF said
city, and the citizens thereof 10 make the pro-
posed lease, then. and in every such case,
II the said council shall by two-thirds vote
of the whole membership OF such body de-
terrrtne to proceed with such lease. the CUES
tIon as to the amount Of yearly rental tc be
charged by said city for the use of such street
aliev or tract OF ground portion thereof
shall be referred to five commissioners appoint,
ed In the same manner as commissioners are
appointed to assess benefits and award dam
ages In OF opening new streets alleys
In said city, and such commissioners shall in
all such cases receive for their services the
same fees they receive for services In pro-
cedtnss for the opening Of new streets or
alleys: provided. that the city council COM
mon council OF the city taking proceedings 10
lease such streets. alleys or tracts Of ground
or portions thereof as are referred to In sec
ton one of this act shall not he bound to lease
for the rental decided upon by such commits
soners but said council may, after hearing
the report OF said commissioners, by ma -
ioritv vote, refuse altOgc Their TO make such
release may require the persons leasing such
street alley tract of ground to pay
such larger sum for such lease as the said
council may determine. II In the Judgment
Of majority of said council a larger rental or
price should IN any particular case or cases
be paid; but rental shall in any case be
any less than the amount recommended bv
the commissioners as aforesaid. shall sub
rental In any case be greater than six "a,
per centum per annum on ne-sxth u-6l Of the
value 81 the fee OF the land leased; and In
case of the renting OF any such street alley
tract of ground the city council NAV imp
pose any such conditions as they. in their tuds-
meHt. shall deem necessary, relative 10 reseFV-
ing rights &c put In at any time. In such
street, alley or tracts OF ground either sewers
water mains that be needed. md the
necessary manhnles. hydrants. and other an.
pliances connected with sewers or water
mains, and also any conduits that may be-
needed by the city itself for wires or cables
10 conduct electricity for any city purposes
Sec. 3. Al money paid for rental under
the provisions of this act shall be paid into
the ward fund nf the ward IN which such
street alley tract ~ located or n located
In more than one ward, then into the wa~1
street alley tract Is located In amounts
proportonate to the area thereof located in
each Of such wards,
Sec 4. II IN any case where the lease Of
any such street, alley or tract OF ground Is
nronosed the use Of such street alley or
tract hv the general public for which II was
dedicated to public Is 70 all tntsrts and
purposes impossible but nevertheless some per
sons shall be specially iRConven!enced or dam
aged by such tease. II made. then and in every
section two hereof shall determine the ar,o,,nt
Of damages to which each Of such nprsons
specially damaged Is entitled. and make re
rort to the council; and said council shall re
outre the person 20 whor said tsass is ms3n
and before the same Is consunrfl led 70 nav
to each % said persons specially damaged a
SUM not less than the amour. determined nv
said comm sssoners. and such larger s,na "
any. as the said council NAV dater-rtne t.
fairly and Justly due damages to the vsr,
damaged by the lease ia question, pro,tse,
that nothing in this act shall be construed
az cutting or or ahrt1ging the right nr an,
one damaged by such lease 70 apnlv 10 +ss
courts for darnar~s for such other refe-
In such case ms the courts may be empowered
20 grant
Approved April "a rats