at which or at any subsequent time the city council may act on such award and hear any objections made thereto, or may refer the matter to a committee to hear objections and report to them. The common council may confirm such award or annul the same, or send the same back to the said commissioners for further consideration. The common council shall give notice, to be published once in the official paper of said city, of a time and place when they will meet to hear evidence that may be adduced by interested persons with regard to the taking of said property, which time shall be at least two (2) days after the publication of such notice, and shall, as far as possible, serve such notice upon all interested parties. Such meeting being had by said common council, according to said notice, they may adjourn from time to time and for purpose of hearing evidence respecting the taking of such property; Provided, that if any change or alteration is made in the amount, terms or conditions of said award, such change or alteration shall be made by the commissioners themselves, and not by the common council. After such award is finally made by said commissioners, they shall report the same to the common council, who may confirm or annul the same; Provided, at least one (1) week shall elapse between the time of filing such award by the commissioners and final action thereon by the common council, in order to give opportunity for appeal. When any such award shall be confirmed by the common council, the same shall be final and conclusive upon all parties interested, excepting as hereinafter provided; Provided, that notices being given as in this section provided shall be deemed and held to be a sufficient legal notice or notices to all persons interested to appear before such commissioners for the purpose of offering such objection or producing such evidence as they may see fit to do, as herein before provided.

SEC. 2. Whenever an award of compensation and damages shall be confirmed by the city council and not appealed from, and whenever the same, when appealed from, shall not be set aside by the court, the same shall constitute a lawful and sufficient condemnation and appropriation to public use of the land and property and rights in property for which compensation or damages are so awarded, and the city council shall thereupon cause to be paid to the owners of such property the amount awarded to each severally.

Upon the payment of said award or appropriation, or the setting apart of the money in the city treasury, there to remain to be paid unconditionally to the parties entitled to the same on demand, the city shall become vested with the title to the property taken and condemned, absolutely, for all purposes for which the city may ever have occasion to use the same, and may forthwith enter upon and use the

same.

This section shall apply as well to all cases of appropriation of private property for public use, provided for in this act, excepting as to the appointment of commissioners.

SEC. 3. Whenever the common council shall so determine to take private property for public use, as provided in section one (1) of this chapter, they may, if they think best, prior to the time of the appointment of said commissioners, appoint a committee of not less than three (3) of their own members, who, together with the city engineer, may make examination and propose to the city council a location suitable for such engine house, market or other public building, or

f

for water works or public grounds, as the case may be, and if for water works, the amount of power deemed necessary to be taken and appropriated, and may present to the city council à plat of the land proposed to be taken.

SEC. 4. Such committee shall file their report with the city recorder, who shall give notice by publication twice in the official paper of said city that such report is on file in his office for the inspection of all persons interested, and that the same will be presented to the city council for action thereon at a meeting of said council to be named in such notice. The council, under such rules as it may prescribe, may hear any person interested in the matter at that time.

CHAPTER XIII.

LAYING OUT NEW STREETS.

SECTION 1. Whenever the common council shall vote, as they are hereby authorized to do so, to lay out or open any new street or alley, or to straighten, widen or extend any that now or hereafter may omit [exist], which shall make it necessary to take, injure or interfere with private property, it shall determine and designate in a general way, as nearly as may be convenient, the character and extent of the proposed improvement, and thereupon it shall be the duty of the city engineer to make and present to the council a plat and survey of such proposed improvement, showing the character, course and extent of the same and the property necessary to be taken or interfered with thereby, with the name of the owner of each parcel of such property so far as the engineer can readily ascertain the same, and such statement as may in the opinion of the engineer be proper to explain such plat and survey and the character and extent of the proposed improvement, and his estimate of the cost of such improvement, and the common council may cause such plat and survey to be modified, amended or changed as it may deem proper, and shall estimate and fix upon the cost of making such improvement. When such plat and survey shall be finally adopted by the common council it shall be filed with the city recorder, and it shall be held to show correctly the character and extent of the improvement actually agreed upon and ordered by the common council.

Said plat shall also show the amount of land taken from each owner so far as the owners may be known, and the land contiguous to or affected by such improvement.

The common council shall then or afterwards appoint three (3) freeholders of said city, having the same qualifications as the commissioners appointed under chapter twelve (12) of this act, as commissioners to view the premises and to ascertain and award the amount of damages and compensation to be paid to the owners of property which is to be taken or injured by such improvement, and to assess the amount of such damages and compensation and the expense of the improvement upon the lands and property to be benefited by such improvement, and in proportion to the benefits to be received by each parcel, and without regard to cash valuation.

Two (2) of such commissioners shall constitute a quorum and be competent to perform any duty required of such commissioners; and they shall be notified of their appointment and vacancies in their number be filled in the same manner, and they shall take the same oath

and be subject to the same penalty for refusal or neglect to attend, to be collected in the same way as is provided in the case of commissioners appointed under chapter twelve (12) of this act.

They shall give notice by two (2) publications, in the official paper of said city, that such survey and plat is on file in the office of the city recorder for the examination of all persons interested, and that they will, on a day designated in such notice, which shall be at least ten (10) days after the first publication of such notice, meet at the time and place designated in said notice, on or near the proposed improvement, and view the property proposed to be taken or interfered with for the purposes of such improvements and ascertain and award therefor compensation and damages and view the premises to be benefited by such improvements and assess thereon, in proportion to the benefits, the amount necessary to pay such compensation and damage, and the cost of making the improvement, and that they will then and there hear such allegations and proof as interested persons may offer, which notice, at least five (5) days before such meeting, shall be served upon all occupants of the land through which such street or alley may extend, personally or by copy left at usual place of abode of each of said occupants. And such commissioners shall meet and view the premises pursuant to such notice, and may adjourn from time to time, and after having viewed the premises, may, for the hearing of evidence and preparation of their award and assessment, adjourn or go to any other convenient place in said city, and may have the aid and advice of the city engineer and of any other officer of the city. After viewing the premises and hearing the evidence offered, such commissioners shall prepare and make a true and impartial appraisement and award of the compensation and damages to be paid to each person whose property is to be taken or injured by the making of such improvement; but if the remainder of the same property, a part of which only is to be taken or damaged by such improvement, shall be benefited by such improvement, then the commissioners, in considering and awarding compensation and damages, shall also consider, estimate and offset the benefits which will accrue to the same owner in respect to the remainder of the same property, and award him only the excess of the compensation or damages over and above such benefits. The said commissioners shall then assess the amount of such compensation and damages so awarded together with the expense and cost of making the improvements upon the land and property benefited by such proposed improvements, and in proportion to such benefits; but in no case shall the amount of said assessment exceed the actual benefit to the lot or parcel of land so assessed, deducting therefrom any damages or injuries to the same parcels which are less than such benefits and assessing only the excess, and prepare and report to the common council their appraisement and award, and if in the judgment of said commissioners the whole amount of such compensation and damages, together with the cost of making such improvement, shall exceed the actual benefit to the specific property subject to assessment, they shall so indicate in their report and shall state the amount of such excess; said commissioners shall also report to the city council an assessment list containing their assessment of such compensation, damages and costs, or so much thereof as shall not exceed the actual benefits to the property so assessed, which list shall contain a brief description of each tract or parcel of property assessed, the name or

names of the owners thereof, if known, and the amount assessed of the excess of such compensation, damage and costs, as aforesaid, which they shall return unassessed.

Such report shall lie over until the next regular meeting of the council which shall occur at least one (1) week after the reception thereof, at which time or at any meeting of the common council may act upon such report and hear any complaint touching such award or assessment, or it may refer the matter to a committee of the council to hear such complaints and report thereon. Notice of such meeting shall be published once in the official paper of said city, and at least two (2) days before such meeting.

The council may confirm such award and assessment or either, or annul the same or send the same back to the same commission for further consideration, and the commissioners may in such case again, upon giving notice published once in the official paper of said city, meet at a time and place, to be designated in said notice, which time shall be at least two (2) weeks after the publication of such notice, meet and hear any further evidence that may be adduced by interested persons, and may adjourn from time to time and may correct any mistakes in such award and assessment and alter and revise the same as they shall deem just and again report the same to the common council, who may thereupon confirm or annul the same. Whenever the common council shall confirm any such award and assessment, such confirmation shall make such award and assessment final and conclusive upon all parties interested except as is hereinafter provided, and the common council shall proceed, at the same or any subsequent meeting, to levy such assessment upon the several parcels of land described in the assessment list reported by the commissioners in accordance with the assessment so confirmed and cause to be made and adopted an assessment roll of the same, which may be in the following form, or in any other form the council may adopt:

The common council of the city of Redwood Falls doth hereby assess and levy upon and against the several lots and parcels of land below described the respective sums of money set against each lot or parcel. This assessment is made to defray the compensation and damages awarded for taking and injury to private property and estimated cost of improvement, in and about.... ....., as shown on the plat and survey of the same on file in the office of the city recorder of said city. This levy is made conformably to the report and assessment of commissioners duly appointed to make such assessment, and in proportion to benefits from such improvements to accrue to the parcels and not exceeding the benefits to the parcels so assessed:

Done at a meeting of the common council, this........

Attest:

.A. D. 18......

City Recorder.

.......day of

Mayor.

SEC. 2. In addition to making special assessments for laying out new streets, as provided for in section one (1) of this chapter, the common council of said city hereby also have authority, and it shall be their duty, to levy assessments upon the property fronting upon such improvements or the property benefited by the same, without regard to the cash valuation of such property, for filling, grading, leveling, paving, curbing, walling, macadamizing, planking any street, constructing bridges upon or otherwise improving any street in said city, or laying, relaying or extending any water mains or sewer pipes through any street, lane or alley, or any portion of the same in said city.

The same proceedings shall be had in all such cases as are provided in section one (1) of this chapter. And the common council of said city is hereby authorized, and it shall be their duty, to proceed under said section one (1) to lay out new streets or to improve any street in said city in the respects above mentioned, or lay, relay or extend any water main or sewer pipe, at any time when they shall determine that the public necessities or convenience and the general good of said city demand such improvements.

CHAPTER XIV.

APPEALS.

SECTION 1. Any person whose property is proposed to be taken under any of the provisions of this chapter, and who deems that there is any irregularity in the proceedings of the council or action of the commissioners which ought not to be confirmed, or who is dissatisfied with the amount of damages awarded to him for the taking of his property, any time before such award shall be confirmed by the common council, may file with the city recorder, in writing, his objection to such confirmation, setting forth therein specifically the particular irregularities complained of, the amount he claims to be entitled to, and containing a description of the property affected by such proceedings, and if, notwithstanding such objections, the common council shall confirm the award, such person so objecting shall have the right to appeal from such order of confirmation of the common council to the district court of the county of Redwood, at any term, within ten (10) days after such order. Such appeal shall be made by serving a written notice of such appeal upon the city recorder of said city, which shall specify the property of the appellant affected by such award, and refer to the objections filed as aforesaid, and by also delivering to said city recorder a bond to the city of Redwood Falls, executed by the appellant, or by some one on his behalf, with two (2) sureties, who shall justify in the penal sum of fifty (50) dollars, conditioned to pay all costs that may be awarded against the appellant. Thereupon the city recorder shall make out and transmit to the clerk of said district court a copy of the award of said commissioners as confirmed by the council, and of the order of the council confirming the same, and of the objection filed by the appellant as aforesaid, all certified by said city recorder to be true copies, within ten (10) days after the taking of such appeal.

But if no more than one (1) appeal to be taken from any award, it shall not be necessary that the clerk, in appeal subsequent to the first