The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1916-10-27

lowing proviso:
The City of Ely the right to pay this certificate
thereof thirty days notice.
Whenever there are funds in the Permanent
Revolving Fund that may be properly applied to the
ment of such outstanding certificate it shall be the duty
the City Treasurer to notify the holder Of such certificate
that there in the City Treasury for the payment Of
the Said notice may be given by mail addressed to
the last known Post Office address Of the of said
be addressed to such at Ely Minnesota Proof of
such mailing shall be made by the affidavit of the person
mailing and how each notice addressed and such aft
davlt shall be filed 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 such
shall be paid In the order in which the certificates
are issued.
SECTION IT'S. APPEAL TO THE DISTRICT COURT
person interested in property assessed under this
appeal from such to the District Court Of the
County, within thirty days after the publication of the
tce 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 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 and by filing with the Clerk of said
Court within ten days thereafter copy of said notice
appeal To render appeal eectua for any purpose
bond shall be executed by the appellant the City condi-
toned 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 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 it shall be the duty of the City Clerk
forthwith prepare and file copy of the assessment roll
confirmed in the office of the Clerk of District Court
shall be to include said copy only those
OF said roll which pertinent to 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 be made
The shall be entered by such Clerk the name of the
taking such appeal against the City appeal
SECTION IT. 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 no other
objection to said assessment than those stated in his Notice
OF Appeal but the Court may its discretion permit such
notice to be amended in this respect The Court
may revise correct amend reduce confirm the
assessment appealed FROM order
be made.
The Court shall dismiss the appeal nor annul the
assessment on the ground that only portion of
ent roll has been returned but either party introduce
the whole OF said roll in evidence and the same shall in all
cases. whether said appeal otherwise Courts
be prma face 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 be allowed said appeal as
other civil cases. but judgment entered therefor against
the City shall be paid 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 49, 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
is filed by the Court make copy of order made
by the Court said proceedings and deliver the same
the City Treasurer That hereupon the party appealing
may the assessment ordered by the Court and
less the Court orders new assessment the City Treasurer
certify the assessments mentioned in said order of the
district Court to the City Clerk the
delinquent assessments certified And the Court
ders 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
assessment
SECTION 179. RE-AssEssMENTs If said assessment
shall be set aside by the Court for cause usdcona
or otherwise the Council shall proceed novo to make
new and shall proceed in like and give
like notice. herein required in relation the first
ment and all interest shall have like rights and
the said Council shall proceed in subsequent
as IN case OF the first
Provided, that if the first assessment of benefits to any
tract OF land shall not be appealed from shall
been set aside by the Court the Council any subsequent
or omit the Of land
which the first assessment shall have been aside
appealed frOm which said hall have been
any tract OF real estate assessed for local
is set aside the shall be until said property
shall have paid its proper share of benefits accrung from
the said Improvement
SECTION $780, COLLECTION OF ASSESSMENTS
LEVIED BEFORE THIS CHARTER GOES INTO Eff
FECT 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 have collected under
the lien thereof If this Charter had been adopted
! SECTION ISL. CERTIFICATES TO PAY INDEBTED.
NESS. The City Council shall have authority in any case
where public improvement has been made prior the tax
ing effect of this Charter and where the expense of such i'm
and where payment therefor has made
purpose to issue certificates of indebtedness on the Perma
nent Improvement Revolving Fund the full amount of the
unpaid Indebtedness
| 1872 PAVING ASSESSMENT. The City Council in adj
dltion to the herein granted shall have the
to provide for the paving of public street. aley lane
highway and for the paying for the in not to
exceed fifteen 5 annual nstallmens and in the manner
provided by Chapter hundred and thirtyfour (134)