The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1916-10-06

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and accrued interest at any time upon giving the holder
thereof thirty days notice.
Whenever there funds in the Permanent Improvement
Revolving Fund that may be properly applied to the
ment OF any such outstanding certificate it shall be the duty
of the City Treasurer notify the holder of such certificate
there money the City Treasury for the payment
the same Said notice may be given by mail addressed to
the last known Post Office address of the Of said
certificate and if such address is unknown said notice shall
be addressed to such person at Ely Minnesota Proof of
such mailing shall be made by the affidavit of the person
mailing, and how each notice was addressed and such aft
dav shall be filed in the office of the City Treasurer Such
certificate shall draw interest after thirty days from the
mailing Of said notice Such notices shall be given and such
certificates shall be paid the order which the certificates
are issued
SECTION ITS. APPEAL TO THE DISTRICT COURT.
Charter for benefits resulting from any improvements may
appeal from such to the District Court of
County within thirty days after the publication of the no.
tice provided for in Section 1853 of this charter
SECTION 176. APPEAL-HOW MADE Said appeal
shall be made by filing written notice with the Council
stating that appellant appeals to the District Court from said
assessment and containing description of the property
said appellant assessed and the objection of said appel
liant such assessment and by fling the Clerk of said
Court within ten days thereafter copy of said notice of
appeal To render appeal eectual for any purpose,
bond shall be executed by the appellant to the City, cond
toned that appellant shall 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 Court
In of appeal shall be the duty Of the City Clerk
forthwith to prepare and file of the assessment roll
confirmed in the office Of the Clerk of District Court 1t
shall be necessary to include said copy only those pages
of said roll which pertinent the property involved
in such appeal The District Court may for good cause
shown grant further time for filing such certified copy,
may when necessary, require further
The shall be entered by Clerk the name of the
person taking such appeal against the City appeal
from Assessments and be brought for hearing by
either party.
SECTION 1T. PROCEDURE ON APPEAL Such ap-
peal shall be tried by the Court general special term
without pleadngs other than above stated unless ordered
by the Court Upon such trial appellant make other
objection to said than those stated his Notice
Appeal but the Court may its discretion permit such
to be amended in this respect at time The Court
revise correct amend reduce confirm the
assessment appealed from, may order
be made.
The Court shall not dismiss the appeal nor annu the
the ground that only portion of
ment roll has been returned but either party may introduce
the whole Of said evidence and the same shall in all
whether said appeal otherwise and all Courts
be pma face evidence of the validity Of all proceedings up
to and including the confirmation of the assessment
Disbursements and COSTS except statutory COSTS may in
the discretion OF the Court be allowed said appeal
other civil but judgment entered therefor against
the City shall be paid out of the general fund the
determination of said appeal by District Court either
party may appeal to the Supreme Court Of the State
TREASURER PROCEEDINGS It shall be the duty of the
Clerk of the District Court within twenty days after such
order is filed by the Court to make copy the
by the Court IN said proceedings and deliver the
the City Treasurer That thereupon party appealing
may pay the assessment ordered by the Court I'M
less the Court orders assessment City Treasurer
shall certify the assessments mentioned in said order of the
District Court to the City Clerk in the as other
delinquent assessments certified And the Court or
of the order from the Clerk District Court as
aforesaid shall Immediately transmit the same to the City
Clerk and the Council shall thereupon proceed make
new assessment
SECTION 49, RE-ASSESSMENTS. If said assessment
shall be set aside by the Court for cause ursdctona
otherwise the Council shall proceed de novo to make
and shall proceed like manner and give
like notice. herein required in relation to the first
ment and all interest shall have like rights and
the SAID Council shall proceed subsequent
as In case OF the first assessment.
Provided that it the first of benefits to any
he cd cbo1r
set aside by the Court the Council any subsequent
assessment may omit the Of land
which the first shall been set aside or
appealed FROM which said hall have been
paid and often against
tract OF real estate assessed for any local
set aside the shall be reassessed until said
shall have paid its proper share of benefits accrung
the said Improvement
| SECTION $780, COLLECTION OF ASSESSMENTS
LEVIED BEFORE THIS CHARTER GOES INTO EFF
Feet All assessments made by the City prior the time
this Charter goes into effect shall be collected and
thereof enforced in the and under the
of law that they would have been collected under
the lien thereof this Charter had not been adopted
| SECTION 181. CERTIFICATES TO PAY INDEBTED
NESS The City Council shall have authority any case
where public improvement has been made prior the
effect OF this Charter and where the expense Of such
and where payment therefor has
by the property owner assessment made for such
purpose to certificates of Indebtedness the Perma
nent Improvement Revolving Fund to the full the
unpaid Indebtedness.
/ 1872. PAVING ASSESSMENT The City Council in adj
don to the powers herein granted shall have the power
provide for the paving of any public street. alley
levee highway and for the paying for the
exceed fifteen Q5) annual nstaments and in the
provided by Chapter hundred 134)