The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1916-11-03


in Section U.s. Chapter of this charter
Every Certificate issued aforesaid shall the fol-
The City of Ely the right pay this certificate
and accrued interest at time upon giving the holder
thereof thirty days notice.
Whenever there funds the Permanent Improvement
Revolving Fund that may be properly applied to the
ment of such outstanding certificate it shall be the duty
of the City Treasurer notify the holder of such certificate
that there money in the City Treasury for the payment
the Said notice be given by mail addressed to
the last known Post Office address of the of said
certificate and If such address unknown said notice shall
be addressed to such person Ely 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
certificates shall be paid the order in which the certificates
are issued.
SECTION IT'S APPEAL TO THE DISTRICT COURT
Any person interested any property
Charter for benefits resulting from any improvements may
appeal from such to the District Court Of the
County, within thirty days after the publication of the
tice provided for in Section 1853 of this charter.
SECTION 176. APPEAL-HOW MADE. Said appeal
shall be made by fling 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 to the City, cond
toned that appellant shall paw ali costs and CHARGES which
may be awarded against him appeal not exceeding
the penalty of the bond which shall be the sum of Two
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 City Clerk
forthwith to prepare and file copy of the roll
confirmed the office Of the Clerk of District Court
shall be necessary to include in said copy only those
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 or
may when necessary require further return be made
The shall be entered by Clerk in the name of the
person taking such appeal against the City as an 'Appea
from and be brought for hearing by
either party.
SECTION 1T. PROCEDURE ON APPEAL Such ap-
nQal shall hot r1o1h fhoT
without peadns other than above stated unless ordered
by the Court Upon such trial appellant make no other
to said than those stated his Notice
OF Appeal but the Court may in its discretion permit
notice to be amended in this respect any time The Court
may revise correct amend increase reduce confirm the
assessment appealed FROM order
be made
The Court shall not dismiss the appeal nor annul the
on the ground that only portion Of the
ent roll has been returned but either party may introduce
the whole OF said roll in evidence and the shall in all
cases. whether on said appeal otherwise and all Courts
be pma facle evidence of the validity of all proceedings ND
to and including the confirmation of the assessment
Disbursements and costs, except statutory COSTS may
the discretion of the Court be allowed said appeal as in
oher civil cases. 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
SECTION ITS. COPY Of ORDER SENT 10 THE CITY
TREASURER PROCEEDINGS 1t shall be the duty of the
Clerk OF the District Court within twenty days after such
Order is hed by the Court to make copy order made
by the Court in said proceedings and deliver the same to
the City Treasurer That thereupon the party appealing
pay Ihe assessment as ordered by the Court and
less the Court orders assessment the City Treasurer
snail certify the assessments mentioned in said order of the
strct Court to the City Clerk the as other
delinquent assessments certified And if the Court or
ders new assessment the City Treasurer receipt of the
copy OF the order from the Clerk of the District Court
aforesaid shall Immediately transmit the same to the civ
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 ursdctona
or otherwise the Council shall proceed de novo to make
new and 1T shall proceed in like and give
nent and all persons in interest shall have like rights and
the said Council shall subsequent
as in case of the first assessment.
Provided that it the first assessment of benefits To
ract OF land shall not be appealed FROM shall
been set aside by the Court the Council in any subsequent
may omit tract of land as to
which the first shall set aside or
appealed rom which said assessment hall have been
pad and as often as against
any tract OF real estate assessed for any local
set aslde the shall be reassessed until said property
snail have paid its proper share Of benefits accrung from
the said Improvement.
SECTION $50. COLLECTION OF ASSESSMENTS
LEVIED BEFORE THIS CHARTER GOES INTO Eff
fCI All assessments 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 collected under
the lien thereof this Charter had been adopted
SECTION ISL CERTIFICATES TO PAY INDEBTED
NESS The City Council shall have authority in any case
Wnere public Improvement has been made prior to the TAX
ing effect of this Charter and where the of such i'm
and where payment therefor has made
by the property made for such
purpose to issue certificates of indebtedness on the Perma
nent Revolving Fund to the full amount of the
unpaid Indebtedness
1872. PAVING ASSESSMENT The CITY Council in adj
don to the herein granted shall have the power
to provide for the paving of any public street aey lane