The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1916-10-13

The City of Ely the right pay this certificate
and accrued interest at any time giving the holder
thereof thirty days notice.
Whenever there funds in the Permanent Improvement
Revolving Fund that may be properly applied to the pay
ment OF any such outstanding certificate shall be the duty
OF the City Treasurer to notify the holder Of such certificate
there is money the City Treasury for the payment Of
the Said notice be given by mail addressed to
the last known Post Office address of the of said
certificate and such address unknown said notice shall
be addressed to such person Ety. Minnesota Proof of
such mailing shall be made by the affidavit of the person
mailing and how each notice 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
shall be paid in the order in which the certificates
i SECTION It's. APPEAL TO THE DISTRICT COURT
Any interested property assessed 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
tlce 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 of
SAID appellant assessed and the objection of said appel
liant to such assessment and by filing with 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 the City cond
toned that appellant shall pay all and charges which
be awarded against him the appeal not exceeding
the penalty of the bond which shall be in the Two
Hundred Dollars Said bond shall be approved by the Judge
OF said Court and filed the office of the Clerk Of Court
In of appeal shall be the duty of the City Clerk
forthwith to prepare and file copy Of the roll
confirmed in the office of the Clerk of District Court
|
OF said roll which pertinent to the property involved
such appeal The District Court may for good cause
shown grant further time for filing such certified copy
may When necessary require further return to be made
shall be by such Clerk in the name of the
person taking such appeal against the City Appea
1rom Assessments and be brought for hearing
SECTION 1T. PROCEDURE ON APPEAL. Such ap-
peal shall be tried by the Court general special term
without peadngs other than stated unless ordered
the Court Upon such trial appellant make no other
objection said than those stated in his Notice
| finn
to be amended this respect any time The Court
may revise correct amend increase reduce confirm the
assessment appealed FROM order
| be made.
The Court shall dismiss the appeal nor annul the
on the ground that only portion of the
ment roll has been returned but either party may introduce
the whole OF said roll in evidence and the same shall in all
cases. whether said appeal otherwise all Courts
be pma facle evidence of the validity of all proceedings up
to and including the confirmation Of the assessment
Disbursements and COSTS except statutory COSTS may
the discretion of the Court allowed on said appeal as in
other civil but judgment entered therefor against
the City shall be paid out 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
SECTION 17s. COPY OF ORDER SENT TO THE CITY
TREASURER. PROCEEDINGS. 1t shall be the duty of the
CLERK OF the District Court within twenty days after such
order IS filed by the Court make copy of the order made
by the Court said proceedings deliver the same to
the city Treasurer That hereupon the party appealing
may pay the assessment ordered by the Court and
the Court orders assessment the City Treasurer
shall certify the assessments mentioned in said of the
strct Court to the City Clerk the as other
delinquent assessments certified And if the Court or
new assessment the City Treasurer on receipt of the
copy OF the order from the Clerk of the District Court
aforesaid shall Immediately transmit the same to the CITY
Clerk and the Council shall thereupon proceed to make
new assessment.
SECTION 179. RE-ASSESSMENTS If said assessment
shall be set aside by the Court for cause rsdctona
or otherwise the Council shall proceed de novo to make
new assessment and shall proceed in like and give
Ike notice. as herein required in relation the
ment and all in interest shall have like rights and
said Council shall proceed any subsequent
as in of the first assessment
crowded. that II the first assessment of benefits to
tract OF land shall not be appealed FROM shall not have
been set aside by the Court the Council any subsequent
or omit the tract of land
winch the first assessment shall have been aside
appealed rOm which said hall have been
pald and as often against
any tract of real estate assessed for any local
set aside the shall be until said
snail have paid its share of benefits accrung from
the said improvement.
! SECTION $50. COLLECTION OF ASSESSMENTS
LEVIED BEFORE THIS CHARTER GOES INTO Eff
Feet ALI made by the City prior to the time
this Charter into effect shall be collected and the lien
thereof enforced IN the and under the
OF law that they would have collected under
the lien thereof if this Charter not been adopted
j SECTION Isl. CERTIFICATES TO PAY INDEBTED
NESS The City Council shall have authority in case
where public improvement has been prior to the TAX
ing effect OF this Charter and where the expense of such inn
and where payment therefor has made
Dy the property owner nor assessment made for such
purpose to issue certificates of indebtedness the Perma
nent Improvement Revolving Fund to the full amount of the
unpaid Indebtedness.
/ 1872. PAVING ASSESSMENT. The City Council in adj
dton to the herein granted shall have the power
highway and for the paying in not
exceed fifteen 5 annual nstallments in the manner
provided by Chapter hundred and thrtyfour (134
General Laws OF the State of Minnesota 1911 any acts