INTERNATIONAL FALLS PRESS. completion within the time named in the contract, the street unless sufficient cause is shown to the contrary the same cers, may be found irregular or defective, whether jurisdictional commissioner or city engineer in charge of such work ishall will be confirmed Provided, that if such assessment be for or otherwise, the said council may make a new assessment have power, when authorized by resolution of the city council, sprinkling, such notice need not contain a description *of the from time to time, and as often as needs be, upon the to furnish and use men and materials to complete the work, territory embraced in such assessment, and a reference to the real estate benefited and on which no payment has been made and charge the expense thereof to the contractor, and the same number of the district, for the sprinkling of which the assessment for said improvement, until the full amount of all benefits shall be deducted from any moneys due or to become due such is made, shall be deemed sufficiently definite. assessed have been realized from the real estate benefited by contractor, or may be collected front him iri a suit by said Adjournment of Hearing.—Section 23. At the time and such improvement. city. place so appointed-, as provided in the last preceding section, Extension of Time—Annual Installments. Section 33. Violation of Contract, Etc.—Section 16. In all cases where the said council shall proceed to consider said assessment and The city council shall have power and authority and may, the work for any improvement contemplated by the provisions hear all objections which parties interested may desire to make by resolution in writing adopted by an affirmative vote of a of this chapter shall be superseded before final completion, or thereto, and may adjourn as often as deemed expedient to a majority of all its members, extend the time for the payment the contractor shall abandon his work under his said contract, future time and place, and if none of the members is present of any assessment made and confirmed by it for the purpose or shall fail to perform the same for any cause, or if the city clerk may adjourn to some other convenient time and and as in this chapter designated, against any lot or parcel of at any time the work or any part thereof is unnecessarily delayed, place, of which postponement all parties interested shall be land, and may provide that such assessment may be paid in or the contractor is violating any of the conditions of his required to take notice. All objections to said assessment shall annual installments of any number not exceeding five. When contract or executing any of the same in bad faith, then at be in writing and filed with said city clerk at least one (1) such assessment is fully completed and has been confirmed the option of the city, and by an affirmative vote of a majority day, Sundays and legal holidays excepted, prior to said meeting and established the city council shall by resolution, determine of all the members of the city council, the contractor hiay be of the council Provided, however, that said council the number of annual installments, if any, in which such assessment excluded from further control and superintendence of the work may, in its discretion, allow any party interested, who has accidentally may be paid, which resolution shall be attached to required by his said contract, and the city may then assume or inadvertently omitted to file his objection aforesaid, and form a part of such assessment roll. such control and superintendence and proceed to complete the to do so at the time of meeting of said council. The Installments.—Section 34. If the city council shall adopt work on improvement, either by authorizing the street commissioner council may give a new notice of such heating if the previous the resolution, specified in the foregoing section, the city or city engineer in charge to procure and furnish notice shall be found imperfect, or for any other reason. treasurer shall in his notice that the warrants are in his hands all necessary labor and material, and complete the same by The city council shall, after due consideration, make such for collection required by section 29 of this chapter, include day work, or, as the city council may determine, re-let the unfinished correction or changes in said assessment, and may revise a notice that the owner, or any person interested in any lot portion of such work and improvement in the same the same, as it may deem necessary to perfect and equalize or parcel so assessed and described in such assessment, may manner, as nearly as may be, as provided in this chapter for the same on the basis prescribed in this chapter, and shall confirm at his election and written request pay the sum assessed in the letting of contracts in the first instance for such improvements, and establish the assessment when so corrected and equalized. installments, as provided iri such resolution. and in every case of such now contract the work shall Said assessment, when so confirmed and established, Notice of Election to Pay in Installments.—Section 35. Any be carried to completion and shall be paid for in the same shall be fittal, Conclusive and binding upon all parties interested person desiring to pay such assessments in installments as manner as other like improvements, and any and all damages therein, and the several ariioiints charged in such assessment, a condition precedent to the exercising of such right, shall and increased cost of the work to the city, including both labor as so confirmed and established, against the several lots and file, in duplicate, a written notice of his election and request and material, shall be a charge against the original contractor parcels of land therein designated, shall be!enforced and cbllected S° *n annual installments, within thirty t0 and shall be deducted from any moneys remaining unpaid to, as hereinafter provided. If any assessment be annulled (30) days after such publication, and before such assessment or to become due to, such contractor, and the balance, if or set aside, the city council shall proceed de novo to make becorties delinquent, with the city treasurer, and at the same any, may be collected by the city from him and his sureties another and new assessment in like manner, and like notice time pay the first installment then due and payable. Upon as provided by law. shall be given as herein required in relation to the first, arid failure to file such notice and request and to pay said first Contractor Liable for Damages.—Section 17. Any contractor all parties interested shall have the like rights. In all cases installment, the whole amount of such assessment shall be or person who accepts a contract authorized by this chapter, where an assessment has heretofore been made to defray the due and payable the same as though no extension of time shall take the same with the condition that he shall be personally cost of an improvement specified in this chapter, and which has for payment had been provided for. and directly responsible for any and all loss, damage been heretofore or shall be herafter annulled or set aside for Upon the filing of such notice and request by the person or injury which may arise, or in any way, directly or indirectly, any cause, the city council shall without delay, make a new interested, the treasurer shall divide the said assessment into be suffered by the city by reason of any occurrence while the assessment in like manner as in this chapter required for a the proper installments, make proper record of the same, work is going on, and before acceptance thereof by the city first assessment. and transmit one of such duplicate notices to the city clerk^ caused by any negligence or misconduct on his part or on the Chargeable to Railways.—Section 24. When, in any case, who shall make note thereof in his record book of assessments' part of his servants or employees in doing the same, and any portion of the cost and expense of making any improvement Council May Waive Neglect.—Section 36. The city council every such contractor shall guard all such work by suitable mentioned in this chapter, shall by virtue of any valid may at any time after an assessment becomes delinquent, upon guards by day and with lights by night, so as to prevent any law or ordinance, or by virtue of any contract, be chargeable a written application to it, waive the neglect so to elect' within loss, damage or accident. upon any railway company in the city, the amount or amounts the proper time, and may permit any assessment which Contractor's Bonds.—Section 18. Before any contract whatever so chargeable may be assessed upon such railroad company, has become delinquent to be paid in installments as herein for the doing of any work or furnishing any skill or material and the balance only upon the real estate benefited thereby, provided. contemplated in this chapter, for the making of any improvement and the city may collect the amount so assessed upon said Interest on Installments.—Section 37. Each of said installments herein authorized, shall be valid for any purpose, railway company, by distress and sale of personal property so extended shall bear interest payable annually at a the contractor therefor shall execute a bond to the city with in the manner provided for in the general laws of this state rate to be determined in and by such resolution, not exceeding two or more sufficient sureties, or a surety company bond, as in the case of taxes levied upon personal property, or by suit six (6) per cent per annum from the expiration of such thirty the city council may prescribe, to be approved by the mayor, brought for that purpose Provided, however, that any (30) days after the publication of the notice provided in section in such amount as the council may direct, not less than the real estate belonging to such railway company subject to assessment twenty-nine (29) of this chapter. contract price agreed to be paid for the performance of such under the general laws of this state or any valid Minimum of Installments.—Section 38. No assessment of contract, and in no event less than one thousand ($1,000) dollars, ordinance or contract, and deemed benefited by said improvements, less than ten ($10) dollars against any one lot or parcel of conditioned as provided by the general laws of Minnesota shall be assessed as in other cases. land shall be divided into installments, and no assessment requiring the giving of bonds by contractors for public work Assessments, Lien on Real Estate.—Section 25. All assessments shall be divided so that the amount of any of the installments and improvements, and conditioned further, that such contractor levied under the provisions of this chapter shall be a into which it is divided shall be less than five ($5) dollars, will indemnify and hold harmless the city against any paramount lien on the real estate upon which the same may and the several installments may be of different amounts as damage, loss or injury which may arise in any way, directly be imposed, from the date of the confirmation of such assessment. the said council may determine. or indirectly, be suffered by said city by reason of any occurrence When Installments Become Due.—The time for payment of while the work is going on and before acceptance thereof Record of Special Assessments.—Section 26. The city clerk the installments and for the .enforcement of the same against by the city, caused by any negligence or misconduct on the shall keep in his office, in books to be provided for that purpose, the property affected by the assessment, shall be extended so part of such contractor, his servants or employes, in doing the a correct record of all assessments confirmed by the city that the several amounts shall become due and payable as same. Such bond shall in all respects be executed as required council and authorized by this chapter the said books to be follows: The first installment at the time the assessment by the general laws, and all provisions in such laws contained, properly ruled and headed so as to show at all times a substantial would have been payable if the time of payment had not shall be applicable, as near as may be, to contracts herein description and history of each assessment on each lot been extended, as provided in section twenty-nine (29) of authorized. Every such bond shall be filed together with the and parcel of ground, whether payable in installments as hereinafter this chapter the second instalment on October first of the contracts in the office of the city clerk. provided and whether paid to the city or county treasurer succeeding year, the third installment on October first of the or remaining unpaid. Bond Required With Bid.—Section 19. The city council second succeeding year, and so on each installment, excepting shall have power to require all bids, for the doing of all work Warrants for Collection.—Section 27. When any special assessment the first, shall be made due and payable on the first day or the furnishing of all skill or material, authorized by this authorized by this chapter shall be confirmed and of October in the year when payable. chapter, to be accompanied by a bond, on the part of the bidder, established by the city council, as herein provided for, it Treasurer to Report Installments Not Paid, Etc.—Section in such sum and with such sureties as said council may shall be the duty of the city clerk to issue a warrant for the 39. After the time of payment of any assessment has been prescribe, or in lieu of such bond a certified check payable to collection thereof, which shall be under the seal of the city so extended and divided into installments as aforesaid, if any the city upon a bank located in the city, or cash of the same and signed by the mayor and the city clerk, and shall contain installment so extended shall not be paid when it becomes amount, conditioned that he will enter into a contract with the a printed or written copy of the assessment roll as confirmed due and payable, together with interest to that time on all city for the doing of the work or the furnishing of the skill or as aforesaid, or so much thereof as describes the real future installments, the city treasurer shall on the fifth day of material for the price mentioned in his bid, and according to estate and the amount of the assessment in each case. October, in each year, certify to the city clerk, such extended the plans and specifications thereof in case the contract shall Warrants to be Delivered to Treasurer.—Section 28. All installment which has become due and payable on the first be awarded to him and in case of default on his part to sign warrants issued for the collection of any special assessment, day of October of that year and which has not been paid, and enter into such contract or of failure to furnish the required and herein authorized, shall be delivered by the city clerk together with all interest then due and unpaid on the whole bond therefor, within the time prescribed by the city to the city treasurer as soon as practicable after the said assessment assessment, as especial tax on said property, in the same manner has been confirmed and established. council in and by the specifications therefor, the same shall as other delinquent assessments in his hands for collection be deemed forfeited, and if a check or cash be so deposited the Treasurer to Give Notice.—Section 29. Upon the receipt the city clerk shall thereupon certify the same to the same shall be the property of the city absolutely, and in case of any warrant for the collection of any special assessment authorized county auditor in the same manner, at the same time, and of a bond the same may be sued and a judgment recovered by this chapter, the city treasurer shall forthwith with the same penalty added thereto as in case of other delinquent thereon by the city for the full amount in any court having give notice, by one publication in the official newspaper, that assessments and in all respects as provided in and jurisdiction of the amount. such warrant is in his hands for collection, briefly describing by section thirty (30) of this chapter the said county auditor, Assessment for Local Improvement.—Section 20. It is hereby its nature and the improvement for which such assessment on receipt thereof, shall enter and carry out the same made the duty of the city council to make without unnecessary has been made, and the territory embraced in such assessment, upon the proper tax list for that year, in the same manner delay, at the proper time or times, all assessments Provided, that when such assessment is for sprinkling, a as in other cases of unpaid assessments certified to him under for local improvements authorized by this chapter. reference in such notice to the number of the sprinkling district the provisions of this chapter, and the same shall thereupon Benefits Assessed.—Section 21. Upon the completion of for the sprinkling of which such assessment has been made, be collected and payment thereof enforced, and when collected any improvement authorized under the provisions of this chapter, shall be deemed a sufficient reference to the territory embraced paid over to the treasurer. in such assessment. Such notice shall require all persons interested whether heretofore or hereafter made, the city council Council May Divide Into Installments, After Due.—Section to make payments within thirty (30) days from the shall proceed without delay to apportion and assess the cost 40. Upon application in writing of any owner or person interested of such improvement, when not herein otherwise provided, date of such notice, at his offfce, or, at the option of said in any lot or parcel of land against which any assessment upon the real estate by it deemed benefited, to the extent of treasurer, at some bank in the city acting for such treasurer. has been theretofore made, and has theretofore been the benefits received, and in .proportion, as near as may be, To be Paid Within 30 Days.—Section 30. If the assessment confirmed by the city council, said council shall have power to the benefits resulting thereto from the improvement and it charged in any special assessment warrant made for any improvement and authority and may by resolution in writing, adopted by shall constitute no objection to such assessment that the whatsoever under the provisions of this chapter, an affirmative vote of a majority of all its members, extend amount thereof either exceeds or falls short of the original shall not be paid within thirty (30) days after the publication the time for the payment of such assessment as to said lot or estimate of the cost of the improvement submitted to the city of the notice by the city treasurer that he has received parcel, and may provide that such assessment may be paid council, or that the city has not fully adjusted all matters with such warrant for collection, said treasurer shall return to thereafter in annual installments of any number not exceeding the contractor for said work, or approved his final estimate the city clerk a list, duly certified by him, said treasurer, of five (5), providing^such assessment, so made prior to the therefor, or that the council has refused at that time to relieve the assessments so made which still remain unpaid, giving date thereof, exceeds the sum of twenty ($20) dollars, against the said contractor from further duties in connection therewith. in such list a description of the several lots and parcels on such lot or parcel of land. which the assessment had not been paid, with the names of In all proceedings and advertisements for the making and Whenever any assessment heretofore made be so divided the respective owners thereof, if known, and the several collection of any assessment under this chapter, letters, figures, into installments, and the time of payment thereof extended, amounts assessed thereto. and the usual and customary abbreviation may be used all provisions of this chapter applicable to extending the time to denote lots, parts of lots, lands and blocks, sections, townships, Certified Delinquent Assessments to County Auditor.—The of payment of assessments, shall apply thereto and control city clerk shall thereupon add to each delinquent and unpaid ranges and parts thereof, the year, and the amount such the collection and enforcement of the same. assessment shall be in writing, in which shall be given a description assessment a penalty of ten per cent, and before the first day May Be Paid Before Maturity.—Section 41. Any owner or of each lot or parcels so assessed, the name of the of November following, transmit a duly certified list of such person interested in any piece or parcel of land against which owner thereof, if known, and the exact amount assessed thereto. unpaid assessments, with a description of the several lots and an assessment is levied, may, after such assessment has been parcels of land on which the same are made, and the names divided into installments, pay all of the installments at any of the respective owners thereof, if known, to the Auditor of Objections to Assessment.—Section 22. Upon the completion time before maturity, with interest thereon to date of payment. Koochiching County, who shall enter the several amounts of of any assessment authorized by this chapter, the said Installments to be Paramount Lien.—Section 42. Every installment, the said unpaid assessments on the tax list for said city for council shall direct that the same be placed on file with the the time of payment of which has been extended the next ensuing year, and levy the same upon the several city clerk and shall appoint a time not less than ten (10) days under this chapter, shall continue to be and shall be and constitute lots and parcels of land to which the same are respectively distant, and a place when and where it will meet to consider a paramount lien in favor of the city and against each chargeable, and shall thereupon be enforced and collected as and act upon such assessment, and the city clerk shall thereupon of the lots or parcels of land as to which said extension is other taxes on real estate are enforced and collected under cause notice of such meeting, and the time, place and granted, for the amount so extended for each lot or parcel, the general laws of this State. purpose thereof, to be given by one publication of such notice and until the same is fully paid. in the official newspaper of the city, at least five (5) days prior Not Invalidated by Informality.—Section 31. No assessment When Estopped From Denying Validity.—Section 43. to the time so appointed for said hearing in such notice shall in this chapter provided for shall be set aside or be invalid When such application, election or request for an extension of be given a brief description of the improvement for which the by reason of any informality in the proceedings prior time of payrrierif in installments of an assessment shall have assessment has been made and the territory embraced in such to the entry thereof on the tax list by the Auditor of said beeri made arid filed las herein provided, the owner or person assessment, and shall be to the effect that such assessment is county, as hereinbefore required, unless it shall appear by interested in so filing the same, and his or their heirs, personal bn file with the city clerk and open to the inspection of all reason of such informality or irregularity substantial injury representatives or assigns, of any lot or parcel of land interested parties, and that ajl objections to the same must be has been done to the party or parties Claiming to be aggrieved. as to which an extension has been granted, shall be held to filed in writing with the city clerk at least one diy, Sundays New Assessments in Case of Error.—Section 32. If for any have recognized and assented to the Validity And regularity and legal holidays excepted, prior to said riieetirig, and that cause' the £rdcee4ings of the city council, or any of its offi­ of assessriierit and of all proceedings ^ad thereon prior said