Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1915-04-29

AN AII reIaTInE TtAsIHG o
alleys. parts thereof. not used By the
public. In cities OF tue first class. not OPP
Grating under Home Rule Charter.
BE il enacted by the Legislature OF the State
Section i. Every city of the first class not
operating under home rule charter Is hereby
authorized and empowered, in any and all
cases where tracts Of ground have, in the
plating OF land IN such city otherwise,
been dedicated to public use. TO be used for
other than parks or parRways. and such tracts
of ground any part thereof by reason OF
change of grade Of railroads or of other streets
or alleys crossing such railroads or In any 9TH
er way. have become at least for a number OF
wears In the future. untitled for use by the
public for the purpose for which they were
dedicated to public use, to lease to the owner
or of property abutting thereon the
surface of such portion of streets Or alleys
or tracts of ground as cannot be used By said
city for the purposes for which such ground
was dedicated. or grant the right In the nature
OF 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 common council Of any
such city to lease, or to vacate. any such
tract OF ground as is heretnhefore referred 10.
the question OF the ACCESSIBILITY of said city s
making such lease or vacation shall be re-
ferred to the appropriate committee Of said
council; and IL after n full consideration OF
premises In question by the whole committee
in body said committee shall report back TO
city and the citizens thereof. to make the pro-
posed lease. then, and in every such case,
,if the said council shall by two-thirds Vote
or the whole membership OF such body. de-
tern,ine to proceed with such lease. the cues
ton as 10 the amount OF yearly rental br
charged by said city for the use OF such street
shall be referred TO Ave commissioners appoint.
cd In the same manner as commissioners are
appointed 10 assess benefits and award dam
ages in case Of opening streets or 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-
cedings for the opening Of 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
tien one of this act shall not be bound to lease
sioners but said council may. after hearing
the report Of said commissioners, by ma
toritv vote. refuse altogether 10 make such
release or may require the persons leasing such
street or alley tract of ground to paw
such larger for such lease the said
council may determine. II In the Judgment
of a majority Of said council a larger rental or
price should In any particular case cases
be paid: but rental shall in any case he
the commissioners rs aforesaid; shall sub
rental In any case be greater than six (si
per centum per annun' on ones sixth n-6l Of the
value Of the fee OF the land 50 leased; and In
case OF the renting of any such street or alley
or tract Of ground thH city council NAV INN
pose any such conditions as they. in their Iudg
ing rights to put in. at any time, In such
street alley or tracts OF ground either sewers
or water mains that may be needed. aud the
necessary nanholes. hydrants. and other an
pisnces connected with sewers or water
mains. ana also any conduits that may b..
needed by the city itself for wires or cables
to conduct electricity for any city purposes
Sec. 3 All money paid for rental under
the provisions OF this act shall be paid into
the ward fund NJ the ward In which such
street, alley tract Is located or n located
in more than one ward. then into the warI
o. he respective wards In wh,cs, svch
street alley tract Is located In amounts
proportionate TO the area thereof located In
each OF such wards.
Sec, 4. II IN any case where the lease q,
proposed, the Of such stree alley or
tract hv the general public for which 4, was
dedicated 30 public is 10 all tntents ava
purposes Impossible. but nevertheless some nsr
shall he specially Inconvenience or dan
aced by such lease. II made. then and In eyrr,,
section two hereof shall determine the anon :
Of damages to which each Of such na-xnos
specially damaged is entitled and make re
mort 20 the council: and said council shall rs
and before the same Is contaminated 10 INV
70 each o. said persons specially damaged a
not less than the amount determines h.,
said commissioners and such larger sum ~
any, as the said council NAV determine 10
fairly ana Justly due as damages 20 the var,.
damaged BY the lease In question. provide
that nothing in this act shall be cons.r,es
cutting OF ahridstnS the right If pn,
damaged by such lease 70 appfv Ia .%s
courts for damages for such othsr re'ta.
In such case ns the courts be enpow~ret !
TO grant.
Approved Ar~i' -. 1919