12-643.Same; appeal to district court;
bond; transcript, filing.
Any person, firm or corporation who has filed objections and had a
hearing as herein provided, feeling aggrieved by the decision and
judgment of the governing body, may appeal to the district court of the
county in which said city is situated upon giving a bond, payable to
the city and any owner of property liable to be injured and conditioned
that in the event that the amount of the judgment recovered is not
greater than the damage allowed by said city, they will pay all damages
which may accrue to the city and to the property liable to be injured by
reason of the overflow of said watercourse caused by delay in making
improvements by reason of the appeal. The bonds shall be approved by and
filed with the city clerk within ten days after the rendition of the
decision appealed from.
Within twenty days after the filing of the bond, said city clerk
shall make and file a transcript of said hearing, together with all the
papers relating thereto, with the clerk of the district court. Upon the
filing of the transcript and bond, the district court shall have
jurisdiction of the cause and the same shall be docketed and filed as in
appeals in other civil actions. The district court shall hear all
competent evidence as to benefits received and damages sustained for
said improvements. All objections that shall be filed shall be heard and
determined by the court as one proceeding and only the one transcript of
the final order of the governing body of said city shall be required.
The clerk of the district court, upon the rendition of said judgment,
shall forthwith certify the decision of the court to the governing body
of said city, who shall take such action as may be rendered necessary by
such decision.
History: L. 1917, ch. 87, § 9; R.S. 1923, § 12-643; L. 1977,
ch. 105, § 1; July 1.
12-643.Same; appeal to district court;
bond; transcript, filing.
Any person, firm or corporation who has filed objections and had a
hearing as herein provided, feeling aggrieved by the decision and
judgment of the governing body, may appeal to the district court of the
county in which said city is situated upon giving a bond, payable to
the city and any owner of property liable to be injured and conditioned
that in the event that the amount of the judgment recovered is not
greater than the damage allowed by said city, they will pay all damages
which may accrue to the city and to the property liable to be injured by
reason of the overflow of said watercourse caused by delay in making
improvements by reason of the appeal. The bonds shall be approved by and
filed with the city clerk within ten days after the rendition of the
decision appealed from.
Within twenty days after the filing of the bond, said city clerk
shall make and file a transcript of said hearing, together with all the
papers relating thereto, with the clerk of the district court. Upon the
filing of the transcript and bond, the district court shall have
jurisdiction of the cause and the same shall be docketed and filed as in
appeals in other civil actions. The district court shall hear all
competent evidence as to benefits received and damages sustained for
said improvements. All objections that shall be filed shall be heard and
determined by the court as one proceeding and only the one transcript of
the final order of the governing body of said city shall be required.
The clerk of the district court, upon the rendition of said judgment,
shall forthwith certify the decision of the court to the governing body
of said city, who shall take such action as may be rendered necessary by
such decision.
History: L. 1917, ch. 87, § 9; R.S. 1923, § 12-643; L. 1977,
ch. 105, § 1; July 1.
12-643.Same; appeal to district court;
bond; transcript, filing.
Any person, firm or corporation who has filed objections and had a
hearing as herein provided, feeling aggrieved by the decision and
judgment of the governing body, may appeal to the district court of the
county in which said city is situated upon giving a bond, payable to
the city and any owner of property liable to be injured and conditioned
that in the event that the amount of the judgment recovered is not
greater than the damage allowed by said city, they will pay all damages
which may accrue to the city and to the property liable to be injured by
reason of the overflow of said watercourse caused by delay in making
improvements by reason of the appeal. The bonds shall be approved by and
filed with the city clerk within ten days after the rendition of the
decision appealed from.
Within twenty days after the filing of the bond, said city clerk
shall make and file a transcript of said hearing, together with all the
papers relating thereto, with the clerk of the district court. Upon the
filing of the transcript and bond, the district court shall have
jurisdiction of the cause and the same shall be docketed and filed as in
appeals in other civil actions. The district court shall hear all
competent evidence as to benefits received and damages sustained for
said improvements. All objections that shall be filed shall be heard and
determined by the court as one proceeding and only the one transcript of
the final order of the governing body of said city shall be required.
The clerk of the district court, upon the rendition of said judgment,
shall forthwith certify the decision of the court to the governing body
of said city, who shall take such action as may be rendered necessary by
such decision.
History: L. 1917, ch. 87, § 9; R.S. 1923, § 12-643; L. 1977,
ch. 105, § 1; July 1.