r^argp^ *ws^y^-* ii^Se^^» INTERNATIONAL *'ALLS PRESS. ner. The said street commissioner shall keep a written record would have been payable if the time of payment had not reduction plant, or other public building thereon for use in of all such repairs, and shall at least once in each month report been extended, as provided in section twenty-nine (29) of any department of the city or for any other public purpose and certify to the city council the cost in each case of all this chapter the second instalment on October first of the except the laying out and opening, straightening, widening, repairs made to sidewalks in the city as specified in this section, succeeding year, the third installment on October first of the or enlarging of public streets, roads, alleys, squares or parks, 0 second succeeding year, and so on each installment, excepting with a description of each lot or parcel of land abutting which are otherwise in this chapter provided for, it shall the first, shall be made due and payable on the first day each case of repairs. have power to cause private property to be taken and appropriated of October in the year when payable. Council to Make Assessment.—Each such report shall be therefor, and the damage for property so taken shall Treasurer to Report Installments Not Paid, Etc.—Section filed and preserved by the city clerk for the instruction of all be ascertained and determined in the manner in this chapter 39. After the time of payment of any assessment has been parties interested the city council shall once in each year, prescribed, and shall be paid out of the general fund in the JO so extended and divided into installments as aforeskid, if any as near as conveniently may be to the time of the annual tax city treasury. levy for the city, assess and levy the cost of making such repairs installment so extended* shall not be paid when it becomes May Take for Street, Etc.—Section 2. Whenever the city upon the lots and parcels of land found benefited by due and payable, together with interest to that time on all council shall deem it necessary to use private property for such repairs in the same manner provided in this chapter for future installments, the city treasurer shall on the fifth day of the purpose of laying out and opening, widening, straightening, October, in each year, certify to the city clerk, such extended assessing the costs of other improvements herein designated. or enlarging any public street, road or alley in said In each case such assessment, for all such repairs within the installment which has become due and payable orf the first oty, it shall have power to cause such private property to year, and since the making of the last assessment for such repairs, day of October of that year arid which has not been paid, be taken and appropriated for such purpose, and the compensation may be combined in one assessment roll and such assessment together with all interest then due and unpaid on the whole or damage to the owner or owners of such private property shall be collected and enforced in the same manner assessment, as especial tax on said property, in the same manner shall be ascertained and determined, and the amount of as other assessments provided for in this chapter, except that as other delinquent assessments in his hands for collection such compensation or damage shall, as far as may be practicable the same shall not be first transmitted to the city treasurer the city clerk shall thereupon certify the same to the and just, be assessed and charged upon other private for collection, but shall be directly certified to the county auditor county auditor in the same manner, at the same time, and property which is benefited by the improvement, in the manner of such county by said city clerk, to be placed upon the with the same penalty added thereto as in case of other delinquent and by means of the proceedings in this chapter prescribed. tax list for that year by said auditor, and a duplicate thereof assessments and in all respects as provided in and by section thirty (30) of this chapter the said county auditor, shall at the same time be transmitted to the city treasurer. Council to Determine Amount and Define Purpose, Plats, When May Be Paid to Treasurer.—Section 46. Any owner on receipt thereof, shall enter and carry out the same Etc. Section 3. When private property is to be taken for any of, or any party interested in, any piece or parcel of land upon the proper tax list for that year, in the same manner purpose above mentioned the city council shall, as a preliminary against which an assessment is levied, as herein provided, may as in other cases of unpaid assessments certified to him under step, determine in a general way by resolution the amount, pay such assessment to the city treasurer at any time before the provisions of this chapter, and the same shall thereupon description and location of such property and define the purpose the first Monday in January following the date upon which be collected and payment thereof enforced, and when collected for which the same is to be appropriated, and shal,l direct the same has been certified to the city clerk or county auditor, paid over to the treasurer. the city engineer to make an accurate survey and plat of such Council May Divide Into Installments, After Due.—Section as hereinbefore provided, and said Treasurer shall thereupon property and of the public streets, alleys, roads and grounds 40. Upon application in writing of any owner or person interested give his receipt in duplicate for the same, which shall in its immediate vicinity, and in any case referred to in Section in any lot or parcel of land against which any assessment be sufficient authority for the cancellation of such assessment 2 of this chapter, of the improvement proposed, and to by the county auditor or the county treasurer on his books, has been theretofore made, and has theretofore been file such plat with the city clerk within a certain time to be or by the city clerk, as the case may be. After the first confirmed by the city council, said council shall have power fixed by such resolution. Monday in January following the date on which any delinquent and authority and may by resolution in writing, adopted by Council to Consider Plat.—Section 4. At its first rerular! 1 assessment shall have been certified to the county an affirmative vote of a majority of all its 'members, extend meeting after the filing of the plat provided for in the 'last auditor, the same must be paid to the county treasurer the the time for the payment of such assessment as to said lot or preceding section, the city council shall consider and approve same as other state or county taxes. parcel, and may provide that such assessment may be paid the same or refer the same back to the city engineer for alterations When May Be Cancelled.—Upon the presentation of one thereafter in annual installments of any number not exceeding therein as the council may think necessary and expedient of said .duplicate receipts by such owner or person interested, five (5), providing such assessment, so made prior to the 50 and in the latter case the said engineer shall prepare date thereof, exceeds the sum of twenty ($20) dollars, against to the county auditor or county treasurer of Koochiching and shall file with the city clerk before the next regular county, as the case may be, he shall cancel such assessment such lot or parcel of land. meeting of the council, or within such time as may have been on his books, or if the same has not yet been transmitted to Whenever any assessment heretofore made be so divided fixed by the council, a new or revised plat incorporating the the county auditor by the city clerk, said city clerk shall into installments, and the time of payment thereof extended, required alterations, and such new or revised plat shall be submitted thereupon cancel such assessment on the delinquent list containing 0 all provisions of this chapter applicable to extending the time to the council for approval at its next regular meeting the same, and after that time the lien on such land of payment of assessments, shall apply thereto and control after the same is filed. shall cease to the amount of such payment, and the said county the collection and enforcement of the same. Action When Plat Approved, Notice, Hearing, Etc.—Section auditor, if such receipt be filed with him, shall report the May Be Paid Before Maturity.—Section 41. Any owner or 5. On finally approving a plat prepared and presented as same in the next settlement thereafter with said city treasurer, person interested in any piece or parcel of land against which aforesaid, the city council, if it decides to proceed further for taxes collected and payable to the city treasurer. an assessment is levied, may, after such assessment has been into the matter, shall appoint a time not less than twenty (20) Treasurer to Certify Payments to Clerk.—On the first Monday divided into installments, pay all of the installments at any days distant, and a place when and where it will meet and of each year the city treasurer shall certify to the city time before maturity, with interest thereon to date of payment. definitely determine the question of taking private proper^v clerk all payments made to him, said treasurer, of assessments Installments to be Paramount Lien.—Section 42. Every installment, for the purpose contemplated, and the city clerk shall there'upon certified to the county auditor for collection and said the time of payment of which has been extended give notice of such meeting and of the time, place and city clerk shall enter all such payments in the proper records under this chapter, shall continue to be and shall be and constitute object thereof, by publishing such notice in the official newspaper thereof. a paramount lien in favor of the city and against each of the city at least once in each week for two (2) successive County Auditor Not to Certify "Taxes Paid," When.—Section weeks prior to such meeting, in which notice shall be of the lots or parcels of land as to which said extension is 47. The county auditor shall not issue his certificate that given a brief description of the private property proposed to granted, for the amount so extended for each lot or parcel, taxes are paid on any piece or parcel of land on which any be taken and a brief statement of the improvement or purpose and until the same is fully paid. PO delinquent assessment authorized by this chapter, or any portion for which it is to be appropriated, and in said notice it shall When Estopped From Denying Validity.—Section 43. thereof, has been certified to him, until such assessment, be stated that at the meeting so appointed, all persons interested When such application, election or request for an extension of or portion, or extended installment thereof, with penalties and may appear before the council and make such objections time of payment in installments of an assessment shall have interest thereon, has been paid and cancelled, as. provided in as they may desire to make to the carrying out of the contemplated been made and filed as herein provided, the owner or person this chapter, and the general laws of the state governing the project, and reference shall also be made in the notice interested in so filing the same, and his or their heirs, personal collection of taxes. to the plat which may have been approved by the council representatives or assigns, of any lot or parcel of land Incompleted Improvements.—Section 48. The city council and which shall be kept on file in the office of the cityclerk as to which an extension has been granted, shall be held to may assess in accordance with the provisions of this chapter subject to public inspection. have recognized and assented to the validity and regularity the cost of any improvement heretofore authorized by the of said assessment and of all proceedings had thereon prior Commissioners, Appointments, Duties, Etc.—Section 6. At city council, and either fully or partially complete it at the to the granting of said application, and shall thereby forever the meeting provided for in the last preceding section, or at date this charter takes effect. be estopped from denying the validity of said assessment or any time thereafter to which the council may adjourn for CHAPTER XVI. the amount thereof. further consideration and decision in the matter, of which adjournment, MUNICIPAL COURT. Sidewalk Permits.—Section 44. Any person desiring to construct, if ordered, the record thereof shall be held sufficient Section 1. The Municipal Court now existing in the Village lay or re-lay his or her own sidewalk shall first obtain public notice, the council, if it decides to cause the taking of International Falls is hereby confirmed and the same shall a permit therefor from the street commissioner or city and appropriation of the private property previouslv designated continue to be governed by the same laws as now governed engineer such permit shall state the location of such walk, for the proposed improvement or purpose shall incorporate by except as otherwise provided in this Charter. the material out of which the same is to be constructed, laid such decision in an ordinance or resolution in writing, Judge.—Section 2. At the first election under this charter 0 or relaid at the time when the same will be completed, and and shall also in and by such ordinance or resolution appoint a Judge of said Court shall be elected who shall hold his office there shall also be attached to such permit a general plan three commissioners, who shall be freeholders and qualified until the first annual election under this charter, and until his and specification for the doing of the work. electors in the city, and whose duty it shall be to view the successor is elected and qualified. Bond of Owner or Contractor.—No work shall be begun private property so to be taken and appropriated, and, in any At the first annual election a judge of said court shall be thereon until the contractor therefor, or the owner thereof, if case mentioned in said section two (2), other real estate elected for the period of four years and until his successor he shall do the work himself, shall first execute a bond to the which they may consider as within the reach of benefit from shall be elected and qualified. city, with two or more sufficient sureties, or a surety company the proposed improvement, and to estimate and award to the Clerk.—Section 3. A clerk of said court shall be appointed bond, to be approved by the mayor, in the penal sum of person or persons entitled thereto the damage which may be by the judge of said court and who shall hold his office during not less than one hundred ($100) dollars, conditioned that he occasioned by the taking of such private property, and if the the pleasure of the judge of said court, or the judge of said will do said work, subject to the supervision and approval of case is one requiring it, to designate the several lots and parcels court may perform the duties of clerk thereof. the street commissioner or city engineer, and as required by of real estate which will be benefited by the proposed Section 4. Before entering upon the duties of said office the the ordinances of the city, and will indemnify and hold harmless improvement, and, as far as may be practicable and just, to judge of said court and the clerk shall each give to the city the city against any damage or loss which may arise, or charge and assess the damages so awarded to and upon such a bond in such amount and conditioned as the city council in any way, directly or indirectly, be suffered by the city by lots and parcels of real estate so to be benefited, in proportion may direct, and to be approved by the City Council, for the reason of any occurrence while the work is going on and before to the benefits which may be conferred upon such lots performance of the duties of their office. acceptance thereof by the street commissioner or city and parcels respectively. Fees.—Section 5. In all actions pending before said court engineer caused by any negligence or misconduct on the part Notice of Appointment.—Section 7. The city clerk shall, as 2n the clerk shall collect from the parties on behalf of the judge of such contractor or owner, as the case may be, his or their soon as may be practicable, notify in writing the persons so of said court the fees prescribed by Section 32, of Chapter servants or employes, in doing the same such bonds shall be appointed of their appointment as such commissioners and request 229, General Laws of 1895, and which fees shall forthwith be filed with the city clerk and may be enforced by the city the them to qualify and enter upon the performance of their paid into the City Treasury. same as other bonds of like nature, as required by law. duties within ten (10) days from the receipt of such notice. Section 6. Any party to a cause pending in said court, Construction of Sidewalk Regulated by Council.—The city In case any person so appointed as commissioner shall, op may at any time after issue is formed, and before the trial council may by ordinance regulate the manner of constructing, after being so notified and requested, refuse or neglect to thereof, make and file in such court and serve on the opposite laying, relaying, and repairing sidewalks by the owners of qualify and enter upon his duties within ten (10) days after to party, an affidavit stating that on account of prejudice or bias property in the city, not inconsistent with the provisions of the date of such notice, the city council shall have power to on the part of such judge, he has good reason to believe, and this charter, and may authorize the filing of a like bond as declare his position vacant and fill the vacancy by a new does believe, that he cannot have a fair trial of such cause hereinbefore in this section provided, in such pe'nal sum as appointment, and the person so appointed to fill such vacancy and thereupon the judge of said court shall designate any the council may direct, by persons engaged in and carrying on shall be immediately notified in writing by the city clerk of 2 competent and disinterested attorney of said county to preside the business of constructing, laying or relaying of sidewalks, his appointment, and shall qualify and enter upon his duties and act in all proceedings in said cause. to include and cover the construction and relaying of all within five (5) days after receiving such notice. co In case of the absence or inability of the judge of said court walks for property owners in the city, for a period of one year, Commissioners to Qualify.—Section 8. The commissioners for reason to act at any time he may designate some competent and such bonds shall have, the same force and effect as though shall qualify by taking, subscribing and filing with the city and disinterested attorney to act for him and in his stead. given for each walk separately, as above provided. clerk an oath to discharge their duties as such commissioners Such attorney so called in shall take and subscribe the same When an owner constructs, lays or relays his or her own with impartiality and fidelity, and to make due report of oath of office, and shall have all the power and authority of walk, the same shall be constructed, laid or relaid under the their proceedings and their assessments to the city council. 9 the Municipal Judge in said matter. supervision and direction of the street commissioner or city Commissioners to View Property.—Section 9. The city engineer Such order shall be in writing, signed by the Judge of engineer, and such street commissioner or city engineer shall, shall furnish the commissioners with a true copy of said court and entered in the minutes of the court. a 2 upon the full and satisfactory completion of such walk, deliver the plat by him prepared and by the city council approved as Section 7. Such attorney while so presiding and acting as to the contractor a certificate of his acceptance, if demanded. aforesaid and the commissioners shall thereupon proceed to Judge of said court shall have authority to collect and retain No property owner shall have any authority whatsoever to view the private property proposed to be taken, and, in case as his compensation the fees hereinbefore provided for to be construct or lay his or her own walk after the city council referred to in said section two (2), the vicinity thereof so far I collected on behalf of the Judge of said court. shall have awarded the contract for its construction, but the as to include within such view all lots and parcels of real Section 8. The Judge of said court and the Clerk thereof said city council shall not so order the building of any walk estate which will in their judgment be benefited by the intended shall from time to time make such reports to the City Council after a permit has been issued therefor by the street commissioner improvement, and may continue such view from day in regard to costs and fines collected in said court as may or city engineer, and before the expiration of the time to day until the same is completed. be required by law or the city council. designated therein within which the same is to be built. Notice of Meeting to Assess Damages or Benefits. Section Section 9. An appeal may be taken from any judgment or Street Commissioner Repair Sidewalks, Etc.—Section 45. 10. Having completed their said view and having, if the case order of said court to the District Court of the County of Whenever the street commissioner shall report to the city is one to which said section two (2) is applicable, determined Koochiching in the same cases and the same manner and with council the necessity of repairing certain walks in the city, in a general way what lots and parcels of land will be benefited »ot2 the same force and effect as an appeal may be taken from deemed by him dangerous to pedestrians, and shall estimate more or less by the projected improvement, they shall the district court to the supreme court. the cost of such repairs to be not less than ten ($10) dollars give notice by publication in the official newspaper of the adjacent to one lot or parcel of land, the said council may authorize Section 10. Provided that in case the City Council shall city at least once in each week for two successive weeks of such street commissioner to make such repairs, if the provide for two judges of said court, at any time, then sections a time, which shall be not less than fifteen (15) days from I owner or agent thereof fails to make such repairs within fortyeight 6, 7 and 8 of this chapter shall not apply. the first publication of the notice, and a place when and where (48) hours after notice to that effect from said street CHAPTER XVII. they will meet to assess the damage which will be occasioned a 3 commissioner, if such owner or agent be known and can be TAKING OF PRIVATE PROPERTY FOR PUBLIC USE. by the taking of the_ private property proposed to be taken, found in the city by him. Purposes for Which May Be Taken.—Section 1. Whenever and also, if required in the particular case, to assess, as far as (V) Keep Record of Repairs and Report to Council.—In case any the city council shall deem it necessary to acquire land within may be, the damage so to be determined upon such lots or parcels sidewalk shall become so out of repair or broken as to become the city for the purpose of establishing public wharves, or of other real estate as may in their judgment be benefited dangerous, it shall be the duty of the street commissioner to levees, or of erecting and (maintaining a market house, engine by such improvement, andv besides referring in their said immediately repair the same in a good and substantial' man­ house, pfisoti,' work 'house, city hall, garbage crematory or notice intelligently to the general matter in which they arc