The Ely miner., 1915-02-19

tfe ELI MI
power to purchase any lot or parcel of land at any
sale or take an assignment OF any lien on same against
which the City has lien for special assessment and may
sell and assign 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 antci-
patton of the levy and collection of such assessment whe
er divided into instaments not, levy and colec-
ton OF general taxes to pay for such improvements
issue warrants certificates of Indebtedness the per-
manent Improvement revolving fund payable at such times
and such amounts the Judgment OF the Council the
said assessments will provide which warrants shall bear
interest at rate not exceeding per cent per annum,
payable annually the ls day of October and may have
coupons attached representing each years interest Such
certificates shall be worcestershire and shall
upon their face for what purpose they issued and
that they payable of the permanent improvement
revolving fund and shall be signed by the Mayor and
ersgned by the City Clerk under the seal of the City, and
be in denominations of not than thousand dollars
each Such warrants may be used in making payments
contracts for making the Improvements for which the
essents made, 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
tor paying tor said improvement 1t shall be the duty of
the City Treasurer endorse each warrant issued afore
said presentation him. the Postoce address of such
assignee The City Treasurer shall keep proper record
the Postoce addresses of the holders of issued
aforesaid 1t shall be the duty of the City Treasurer
such warrants and interest they mature and
presented for payment of the fund which they
drawn and to cancel the when paid Any ndebt
edness created by the issuance of such
as
of the of the aggregate Indebtedness
and limited by subdivision four ), OF section ninety
nine (99) of this Charter.
Every issued aforesaid shall contain the fol-
lowing proviso:
The City of Ely reserves the right to pay this warrant
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
of the City Treasurer notify the holder of such
that there money the City Treasury for the payment of
the last known Posoce address of the of said
rant and if such address 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 of mail
ing and how each notice was addressed and such affidavit
Such 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 assessment to the
District Court of the County within thirty days after the
publication of the notice provided for in Sections 155, 6
and 2l5 of this Charter.
Appeal. How Made Procedure Appeal
Section 1876 Said appeal shall be made by filing writ
notice with the Council stating that appellant appeals
the said district court from said assessment and containing
description OF the property OF said appellant assessed
and the objections OF said appellant to such assessment and
by filing with the Clerk of said within days there
after copy of said notice of appeal To render appeal
eectua for purpose bond shall be executed by the
appellant the City, conditioned that appellant shall pay
all and charges which may be awarded against him
the appeal exceeding the penalty of the bond which
shall be in the of 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 it
shall be the duty of the Council forthwith to and
deliver the appellant copy of the roll
confirmed shall be necessary to include In said copy
only those pages of said roll which pertinent to the
property involved i'll 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 the Of the person taking
such appeal against the City appeal from Assess
ments and 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 condemnation proceedings
either party may demand jury ra general special
term without pleadngs other than above stated Upon
such trial appellant make other objections to said
than those stated his notice of appeal but the
Court may its discretion permit such notice to be amend
ed in this respect any time The Court shall hear such
competent evidence be offered by either party and
correct amend increase reduce confirm the
appealed FROM may order assessment
be made the property concerning which such appeal
taken and in that shall direct the Council how to
make such to avoid the
planned Of
The Court shall dismiss the appeal, confirm or
annul the the ground that only portion OF
roll has been returned but either party
introduce the whole of said roll in evidence and the
in all Courts be pna acie evidence of the validity of all
proceedings up and including the confirmation OF the
assessment.
Disbursements and COSTS except statutory COSTS may
the discretion of the Court be allowed said appeal
other civil cases. but any Judgment entered therefor against
IS