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corporation, the same shall be received in evidence in all courts or places without further proof.

SEC. 64. When it shall be necessary to take private property for opening, widening or altering any public street, lane, avenue or alley, the corporation shall make just compensation theretor to the person whose property is so taken ; and if the amount of such compensation cannot be agreed upon, the mayor shall cause the same to be ascertained by a jury of six disinterested freeholders of the city, to be selected as jurors in justice's courts.

SEC. 65. In the matter of opening, laying out or vacating streets or alleys, and the assessment of damages, the common council shall be governed by and act under the general laws of the state, providing for altering, discontinuing and laying out roads; and appeal may be taken in the same manner to the county commissioners or the district court of the county, as appeals are under the general laws taken from the decisions of township supervisors.

SEC. 66. The cost and expenses of surveying streets, lanes, alleys, sidewalks, sewers, public grounds, pumps, reservoirs, cisterns, and drains and the erection of buildings for city purposes, and of cleansing and repairing the same, and constructing and repairing reservoirs, pumps, cisterns, drains, sewers, street-crossings and sidewalks, may be paid out of the general fund; but the expense of opening, building, grading, graveling or paving streets to the center thereof, shall be chargeable to the lots adjoining on such streets, but the cost of erecting sidewalks shall be paid by the owners of the property fronting on such sidewalk.

Sec. 67. Whenever the common council shall deem it actually necessary or two-thirds of the resident owners that are living adjoining such contemplated improvement, shall petition said council in writing, to construct or repair such contemplated improvement in the city, they may notify or require the street commissioner to notify all owners of any lot or lots or parcels of land adjoining such contemplated improvements, to construct or repair the same at his or their own proper expense and charge, within a certain time designated, by delivering to the owners of said lot or lots, or parcel of land, or by publication in a newspaper, printed and published in said city, for no less than two weeks, of a notice to said owners, setting forth what work is to be done and the character of the same, by such owners and the time within which they are required to do the same. .

SEC. 68. If such work is not done and the contemplated improv. ment not built or repaired in the manner and within the time prescribed, the council may order the same to be done by the street commissioner or otherwise at the expense of the lots and parcels of land adjoining said improvements, and said expenses shall be as. sessed upon such lots and parcels of land so chargeable, by the street commissioner and returned by him to the city council and said assessment so made and returned if approved by the council, shall become a lien upon said lots and parcels of land, as in case of town, county and state taxes.

Sec. 69. Jurors empanneled to inquire into the amount of benefit or damages which shall bappen to the owners of property proposed to be taken for opening, widening or altering any street, lane or avenue or alley shall be sworn to that effect, and shall return to the council an inquest in writing signed by each juror.

Sec. 70. In ascertaining the amount of compensation for property taken for opening, widening or altering any street, lane, avenue or alley, the jury shall take into consideration the benefit as weil as the injury happening by such opening, widening or altering such street, lane, avenue or alley.

Sec. 71. The city council shall have no power to levy any other tax than is specified in this act, and shall have no power to borrow money or contract debts.

Sec. 72. All contracts for work done under the direction of the city council shall be duly advertised and let to the lowest responsible bidders who shall give good and sufficient security for the faithful performance of their contracts.

Sec. 73. The city council shall cause to be published annually on the first Monday in January a full and complete statement of all moneys received and expended by the corporation during the preceding year, and on what account received and expended.

Sec. 74. All suits, actions and prosecutions instituted, connected with or brought by the corporation hereby created, shall be instituted, coinmenced and prosecuted in the name of the city of West Saint Paul.

Sec. 75. Appeals shall be allowed from decisions in all cases arising under the provisions of this act or any ordinance passed in pursuance thereof to the district court of Dakota county, and every such appeal shall be taken and granted in the same manner and with like effect as appeals are taken from and granted by justices of the peace to the district court under the laws of this state.

Sec. 76. Whenever the mayor shall absent himself from the city or sball resign, or die, or his office shall be otherwise vacated the board of aldermen shall immediately proceed to elect one of their number president who shall be mayor pro tem.

Sec. 77. The board of supervisors of the township of West Saint Paul and the city council elected under the provisions of this act, shall constitute a commission to determine and adjust the liabilities of the city of West Saint Paul to the said township on account of the past indebtedness thereof; which commission shall meet and determine the same within six months after the adoption of this act.


SEC. 78. It is hereby made the duty of the treasurer of Dakota county to pay all moneys received as taxes on all real estate and personal property within the limits of the city of West Saint Paul, which may come into his hands by virtue of his office, to the city treasurer elected and qualified under the provisions of this act, and to no other officer.

Sec. 79. It is hereby made the duty of the treasurer of the town of West Saint Paul to pay over to the treasurer of the city of West Saint Paul, and take his receipt therefor, all moneys received by him on account of any special law affecting exclusively the territory described within the limits of the city of West Saint Paul, on demand of the city Treasurer. This act is hereby declared to be a public act, and may be read in evidence in all courts of law and equity in this state, without proof.

SEC. 80. No special legislation affecting this city shall become law, until accepted by a majority of the votes cast at an election held for thаt рurроѕе.

SEC. 81. This act shall take effect from and after its passage and approval, and adoption by the votes cast at an election to be held for that purpose.

Approved February 24, 1874.


Be it enacted by the Legislature of the State of Minnesota :

SECTION 1. That all that part of Kandiyohi county, in the state of Minnesota, embraced within the following boundaries, to-wit : All of section fifteen, the west half of the southwest quarter of section fourteen, the west half of the northwest quarter of section fourteen, the west half of the southwest quarter of section eleven, the south half of section ten, the east half of the northeast quarter of section sixteen, the east half of the southeast quarter of sectior

all that part of saiago, shall be and cowesterly to

sixteen, and lot one of section nine, of township one hundred and nineteen north, of range thirty-five west, as the same is designated upon the plat of the United States yovernment survey, shall be known as the village of Willmar, and the inhabitants thereof shall be and form a municipal corporation, and shall have the powers possessed by municipal corporations at common law, and in addi. tion thereto shall possess the powers hereinafter specially granted, and be capable of contracting and being contracted with, suing and being sued, pleading and being impleaded in all courts of law and equity, and may have a common seal, and may change and alter the same at pleasure, and also take, hold, purchase, lease and convey such real and personal estate within or without the limits thereof as the purposes of the village may require.

Sec. 2. For the purposes of all elections to be held under this act the said] village shall be divided into three wards as follows, viz.: All that part of said village lying north of the center line of Pacific avenue (in saiù village) extended easterly and westerly to the east and west lines of said village, shall be and constitute the first ward ; and all that part of said village lying south of the said center line of Pacific avenue and west of the center line of Fourth street extended sontherly to the south line of said village, shall be and constitute second ward, and all that part of said village not included within the first and second ward shall be and constitute the third ward.

Sec. 3. The elective officers of said corporation shall be one president, two aldermen in each ward, one treasurer, one justice of the peace, and shall each, except the justice of the peace, hold their respective offices for the term of one year, and until their successors are elected and qualified; the justice of the peace shall hold his office for two years. In addition to the above mentioned officers the council shall have power to appoint and define the duties of one recorder, one village attorney, one village marshal, and such other officers as to said council shall seem necessary. Provided, That no member of the village council of said village shall hold any other office under the authority of said village, or of this act during the term for which he was elected to said council. Provided, further, That the president and members of the village council shall not receive any salary or compensation whatever for services as such officers.

SEC. 4. Each officer before entering upon the duties of his office, and within ten days after receiving notice of his election shall give notice in writing of his acceptance of the same, to the recorder of said village, and shall take and subscribe before some officer by law authorized to administer oaths an oath to support the constitution of the United States, the constitution of the state of Minnesota, and

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