Abbildungen der Seite
PDF
EPUB

Notice of determination,

What to require.

to take build

value of the land and the injury to him in having such building taken from him, and, secondly, the value of such buiiding to remove.

SECTION 8. At least ten days' personal notice of such determination shall be given to the owner or his agent, if known and a resident of the city, or left at his usual place of abode. If not known, or a nonresident, notice to all persons interested shall be given by publication in the official paper for two successive weeks. Such notice shall specify the building and the award of the commissioners. It shall also require the parties interested to appear on a day to be therein mentioned, or give notice of their election to the common council, either to accept the award of the commissioners, and allow such building to be taken with the land appropriated, or their intention to remove such building, at the rate set thereon by the commissioners to remove the same. If the owner shall agree to remove such building, he shall have such reasonable time for that purpose as the common council may

allow. If owner refuse SECTION 9. If the owner refuse to take the build. ing at price

ing at the value to remove, or fail to give notice of his election as aforesaid within the time prescribed, the common council shall have power to direct the sale of such building at public auction, for cash, giving ten days' notice of such sale. The proceeds shall be paid to the owner or deposited to his use, after deduciing all

the costs of the sale. Appraisal of SECTION 10. The said commissioners within the

time limited shall view and examine the premises proposed to be taken, and all such premises as will in their judgment be injured or benefitted thereby. They shall give notice by at least two weeks' publication in the official paper of the time and place at which they will meet to hear any proofs, allegations, or the testimony of any persons interested therein, and they may adjourn from time to time, as they may regard reasonable, and within the time limited in their order of pointment. After hearing all such testimony as may be offered, (which shall be reduced to writing by one of said commissioners), they shall proceed to make their assessment, and to determine and appraise to the owner or owners the value of the real estate so proposed to be taken, and the injury arising to them,

fixed.

damages and benefits.

ap

[ocr errors][merged small][ocr errors]

balance.

respectively, in consequence of the taking thereof,
which shall be awarded to such owners, respectively
as damages, after making due allowance therefrom
for any benefit which such owners may respectively
derive from such improvement. In the estimate of
damages to the land the commissioners shall include
the value of the building or buildings (if the prop-
erty of the owner of such land) as estimated by them
as aforesaid, less the proceeds of the sale thereof, or
if taken by the owner at the value to remove, in
such case they shall only include the difference be-
tween such value and the whole estimated value of
such building.

SECTION 11. If the damage to any person be To strike
greater than the benefits, or if the benefits be greater
than the damages, in either case the commissioners
sball strike a balance and carry the difference for-
ward to two separate columns, so that the assess-
ment will show what amount is to be received or
paid by such owner or owners respectively, and the
difference only sball in any case be collected of them
Dr parable to them.

SECTION 12. If the lands or buildings belong to dif- In case of dif-
ferent persons, or if the lands be subjected to lease,
judginent or mortgage, or if there be any estate in it
less than an estate in fee, the injury done to such per-
son or interests, respectively, may be awarded to them
by the commissioners, less the benefits resulting to
them, respectively, from the proposed improvement.
Al such claims and liens upon such lands proposed to
be taken, shall be ascertained by the city treasurer, be-
fore the commissioners shall proceed to assess the
damages and benefits.

SECTION 13. Having ascertained the damage and Apportionmen and expenses of the proposed improvement as aforesaid, lands benefited the commissioners shall thereupon apportion and assess the same together with the costs of the proceedings, upon the real estate by them deemed benefitted, in proportion to the benefits resulting thereto from the proposed improvement, as nearly as inay be, and shall describe the real estate upon which the assessment may be made. The award of said commissioners shall be signed by them, and returned, together with the testimony taken, with all the papers relating to the improvement,

ferent owners

Appeal.

Payment of damages.

o the common council within the time limited in their order of appointment.

SECTION 14. If any person shall deem himself ag. grieved by such assessment or apportionment, he may at any

time within ten days after the filing of the same, appeal thereform by notice in writing to the common council, and ask for a review and rehearing thereof; and the common council shall thereupon appoint a day and place for such review and rehearing, at which day and place they shall proceed to hear and review the same, and shall hear such proofs and witnesses as may be offered, to be sworn by the mayor or acting mayor, and the common council may alter and modify said as. sessment or apportionment as shall be just and right. If no appeal shall be taken, or if taken, whether modi. fied or not, the common council shall, if deemed just and for the interest of the city, enter an order in their proceedings that the same be confirmed.

SECTION 15. The land required to be taken for the purposes mentioned in this act, shall not be appropria. ted until the damages awarded therefor to the owner thereof shall be paid or tendered to the owner or his agent by the city treasurer, or in case the said owner or agent cannot be found, or is unknown, deposited to his or their credit in some safe place of deposit, and then and not before, such lands may be taken and appropriated for the purposes required, and the same shall thereafter be subject to all laws and ordinances of the city in the same manner as other simi. lar improvements heretofore made.

SECTION 16. Certificates of benefits and costs assessed upon and chargeable to each lot, part of lot or parcel of land by virtue of any of the provisions of this chapter, shall be immediately issued by the city clerk, and be countersigned by the comptroller, stating therein the amount of benefits and costs assessed ; and the amount or amounts so assessed and chargeable to any such lot, part or parcel of land, shall be from the time it is so assessed a lien and charge thereon until the same are paid. The comptroller shall immediately deliver such certificates to the city treasurer and take his receipt therefor; upon the receipt of such certificates by the city treasurer, it shall be his duty to give notice in the official paper of the city for at least two

Certificates of benefits a lien.

same

under lease.

charge of their duties, shall severally take and sub-
they are freeholders of said city, and are not interested
and impartially discharge their duty and the trusts

weeks that such certificates of liens have been issued,
describing in said notice the lot, piece or parcel of
land upon which they are a lien, the work or improve-
ment and the amount for which they are issued, and
that the owner or owners of the lot, piece or parcel of
lani therein described are required to pay the
within thirty days from the date of said notice; and
all such certificates which are not paid within thirty
dars from the date of said notice shall draw interest
at the rate of twenty-five per cent. per annum until
paid
, and if the same is not paid before one

month previous to the levying of the general city taxes by the common council

, the same shall be entered against said lot. part or parcel of land in the tax-roll, and be collected in the same manner as other city taxes are collected.

SECTION 17. When the whole of any lot or tract When lands of land, or other premises under lease or contract, shall be taken by virtue of this act, all the covenants, contracts or engagements between landlord and tenants, or any other constructive parties touching the same or any part thereof, shall, upon the confirmation of such report

, respectively cease and be absolutely discharged.

SECTION 18. When only a part of a lot or tract of Ibid. land, or other premises so under lease or other contract, shall be taken for any of the purposes aforesaid, upon the confirmation of the report of the commissioners, the same shall be absolutely discharged as to the part thereof so taken, but shall remain valid as to the residue thereof; and the rents, considerations and payments reserved, payable and to be paid for or in respect to the same, shall be proportioned so that the part thereof jasely and equitably payable for such residue thereof

, and no more, shall be paid or recovered for SzCTION 19. All jurors and commissioners appointed oath of Jurore by virtue of this

chapter, before entering upon the dis- sionero scribe to an oath before some competent officer, that or of kin to any one interested in the premises proposed to be taken, and that they will faithfully and

or in respect to tlie same.

streets, com

reposed in them, and shall file such oaths with the city

clerk. In case of gew SECTION 20. In cases of the construction of sewers ers through

through streets, alleys and lanes, the lots, pieces or missioners appointed to parcels of land benefitted thereby shall be assessed make estimates and be liable for the construction thereof, and for the

purpose of ascertaining the benefits of such lots, pieces or parcels of land, commissioners shall be appointed by the common council to estimate the benefits, and certificates of the amount or amounts of benefits shall be issued in the same manner and shall have the same force and effect as provided for in other improvements

mentioned in this chapter. Surveys.

SECTION 21. Whenever any improvement shall be made under and by virtue of this act, the common council shall have power to cause an accurate survey and profile thereof to be made and filed in the office of

the city clerk. Papers to be SECTION 22. All papers, orders and proceedings re

lating to any improvement made by virtue of this chapter, shall be recorded in books provided for that pur. pose

in the office of the city clerk, and the same or certified copies thereof shall be evidence in courts of all proceedings instituted and determined by virtue of

this chapter. Application. SECTION 23. The provisions of this chapter shall

not apply to the construction or repairs of sidewalks or any street, alley or highway, or any work or improvement mentioned in chapters thirteen and fourteen of this act.

recorded.

CHAPTER XIII.

Grade of streets, etc.

IMPROVEMENT OF STREETS, ALLEYS, &C. SECTION 1. The common council shall have power to establish, alter and change the grade of any street, sidewalk, alley or lane in the city, and cause accurate surveys and profiles thereof to be made, which shall be filed and recorded in the office of the city clerk, in

books provided for that purpose. Construction of SECTION 2. The street commissioner of any ward sidewalks.

shall have the power to order, construct and build in the manner hereinafter prescribed, all sidewalks, and cause them to be raised, lowered or placed on the

« ZurückWeiter »