The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1933-11-24

certified copy, may when necessary require further
return to be made The shall be entered by such
Clerk in the name OF the person taking such appeal
against the City Appeal from Assessments and
may be brought on for hearing by either party.
SECTION "a PROCEDURE ON APPEAL. COSTS
AND DISBURSEMENTS Such appeal shall be tried
by the Court at a general special term,
without peadngs other than above stated, unless
ordered by the Court. Upon such trial appellant can
make other objection to said than those
stated in his notice of appeal but the Court may, its
discretion, permit such notice to be amended in this
respect at any time. The Court may revise, correct
amend, increase, reduce confirm the ap-
peaed from, may order assessment to be
made.
The Court shall not dismiss the appeal, annul
the assessment on the ground that only portion OF the
roll has been returned but either party may
introduce the whole of said roll In evidence, and the
shall in all cases, whether said appeal other
wise and in all Courts be prima facie 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 cases. but any 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 35. 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 filed by the Court, to make
copy of the order made by the Court in said proceedings
and deliver the same to the City Treasurer That
thereupon the party appealing may pay the assessment
ordered by the Court and unless the Court orders
new assessment, the City Treasurer shall certify the
assessments mentioned in said order of the district
court to the County Auditor in the
other delinquent assessments are certified And the
Court orders assessment, the City Treasurer
receipt of the copy of the order from the Clerk of the
District Court aforesaid shall Immediately transmit
the to the City Clerk and the Council shall there
upon proceed to make new assessment.
SECTION Sc. RE-ASSESSMENTS. If said as
shall be set aside by the Court for any cause
jurisdicona otherwise the Council shall proceed de
novo to make assessment and it shall proceed in
like manner and give like notice, herein required
in relation to the first assessment and all persons in
interest shall have like rights and the said Council shall
proceed in any subsequent assessment of the
first assessment.
Provided that if the first assessment of benefits to
any tract of land shall not be appealed FROM shall
not have been set aside by the Court the Council In
subsequent assessment reassessment may omit the
tract of land to which the first shall not
have been set aside appealed FROM which said
assessment shall have been paid; and often as an
assessment against any tract of real
estate assessed for any local improvement set aside,
the shall be re-assessed until said property shall
have paid it's proper share of benefits accruing from
the said Improvement.
SECTION 81. COLLECTION OF ASSESSMENTS
LEVIED BEFORE THIS CHARTER GOES INTO
EFFECT. All assessments made by the City prior to
the time this Charter goes into effect shall be collected
and the lien thereof enforced in the and
under the provisions of law that they would have
been collected, this Charter had not been adopted
SECTION 38. CERTIFICATES TO PAY IN
DEBTEDNESS The City Council shall have authority,
in any where public improvement has been made
prior to the taking effect of this Charter and where
the expense of such improvement and payment therefor
has not been made by the property owner,
assessment made for such purpose to issue certificates
of indebtedness the permanent Improvement
volving fund to the full amount of the unpaid in
debtedness.
SECTION 80. NOTICE OF LIEN TO AUDITOR.
That after assessment against real property is made
manent improvements, for which such property is
assessabe, and the City Council shall have determined
that such assessment may be paid in instaments,
naming the same and statement showing the date when
such assessments confirmed and certified by the
City Clerk to the City Treasurer of the City, and
entered of record in the office of the City Treasurer,
said Treasurer SHALL in notice prepared for such pur
pose, sufficient in FORM advise the County Auditor of
the amounts so assessed, with description of the
than the month of November of each year be sent to
said County Auditor for the purpose of giving notice
of the liens against the property.