The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1932-12-16


To release the City from all liability
for compensation and damages for in
juries direct, indirect or consequential
to all lots owned by him in Shagawa
Plat and all other lands or property of
any kind owned by him resulting from
the condemnation proceedings of the
City of Ely and its construction and
maintenance of a water line and an
electric power transmission line, includ-
ing all acts of trespass and injuries
of any kind, this release to also cover
a release of liability to pay rent for
lands prematurely occupied by such
pipe and pole line. It is understood
that in addition to the land to be con-
veyed to the City that William Des-
jardins is the owner of various lots in
said Shagawa Plat, including the fol-
lowing among others:
Out Lot "a"
Lots "A to 20 inclusive
Lots and
And portion of Lot IA;
WHEREAS, Philip M. Stone, at
present special counsel for the City,
recommends the acceptance of said
proposal, pointing out that the District
Court has held that the City did not
comply with its charter when it con-
Quoted the condemnation proceedings in
1881 and that reassessment is neces-
sary, and pointing out also that the
new award will have to be based on the
value Of the premises as increased by
the existence of the improvement there
on which the City will have to take
by the reaSseSsment; that the City is
now in the position of trespasser and
that in all probability ejectment pro-
ceedings will be brought to drive the
City from the land owned by William
Desjardins and from Shagawa Lane in
which Lane the City laid its pipes and
poles without condemning, and points
out also that while the amount Of the
proposed settlement is higher than what
it should be considering the rights con-
veyed and released to the City, still it
is less than the City would have to pay
in the reaSsessment and litigation for
damages, attorneys fees and other ex-
penses, and points out that the right of
the City to remain on the premises dur
ing the reassessment and resulting ap-
peals is uncertain;
THEREFORE, be it resolved that the
proposal of William Desjardins be ac-
cepted; that his claim in the sum of
100000 for such settlement be allowed
and paid upon approval of all settle
ment papers by Philip M. Stone and
Thomas j. Carey who are authorized
to protect the City by adding any fur
ther details to the terms of settlement
The foregoing resolution was moved
by Alderman Homer, seconded by
Alderman Thompson, and declared
carried upon the following vote:
Ayes: Alderman Banovetz, Homer,
Kapsch, Koschak. Tauzen, Thompson.
Mayor Wolff. -
Noes: None.
RESOLVED, That whereas the City
Council in session having canvassed the
returns of the General City Election
held on Tuesday, December 6, 1882, for
the purpose of electing officers for the
various City offices, find that the fol-
lowing persons received the greatest
number of votes cast for their respec-
tive offices and are as follows:
For MAYOR: John A. Harri
For ALDERMAN: John Kapsch, Ivan
Tauzell Walter D. Carlson.
THEREFORE,, Be it Resolved, that
the said persons be declared elected to
the said offices and that the City Clerk
notify the above named persons of their
election.
The foregoing resolution was moved
by Alderman Banovetz, seconded by
Alderman Koschak, and declared car
ried upon the following vote:
Ayes: Alderman Banovetz, Homer,
Kapsch, Koschak, Tauzell, Thompson,
Mayor Wolff.
Noes: None.
Moved by Alderman Kapsch, sup
ported by Alderman Homer, that the
adjourn. Carried.
A. o. KNUTSON,
City Clerk.