Laserfiche WebLink
hereinbefore provided, Council shall determine whether the claims for damages so filed shall be <br />judicially inquired into before commencing or after the completion oft. he proposed <br />improvement. When claims for damages are filed within the time limited, and Council having <br />passed an ordinance for making the improvement, determines that the damage shall be assessed <br />before commencing it, the Director of Law shall make a written application for a jury, to a court <br />.of competent jur/sdiction, or a judge in vacation. The court or judge shall direct the summoning <br />of a jury in the manner provided for the appropriation of property and fix the time and place for <br />the inquiry and the assessment of such damages, which inquiry, and. assessment shall be confined <br />to such claim. The proceedings had relative to such inquiry and determining of such damages <br />shall be in the manner pro.vided by general laws for the appropriation of property to assess the <br />amount of damage in each particular case. When Council determines to assess the damages after <br />the completion of the improvement, for which a claim for damages has been filed as hereinbefore <br />provided, the Director of Law shall, within ten (10) days after the completion of such <br />improvement make written application as hereinbefore provided in the case of the ascertainment <br />of damages before the improvement was made, and the same proceedings shall be had. No <br />person who claims damages arising from any cause shall commence a suit therefor against the <br />City until he or she shall have filed a claim for such damages with the Director of Finance and <br />sixty (60) days shall have elapsed thereafter, to enable the City to take such steps as it may deem <br />proper to settle or adjust the claim; but this provision shall not apply to an application for an <br />injunction or other proceeding to which it may be necessary for such applicant to resort in case <br />of urgent necessity. No public improvement, the cost or part of cost of which is to be specially <br />assessed on the owners of property, shall be made without the concurrence of three-fourths of the <br /> <br /> 43 <br /> <br /> <br />