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141.09 DAMAGES ASSESSED.
   At the time of the passage of the ordinance determining to proceed with the improvement as provided in Section 141.08, Council shall determine whether the claims for damages so filed shall be judicially inquired into before commencing or after the completion of the proposed improvement. When claims for damages are filed within the time limited, and Council having passed an ordinance for making the improvement, determines that the damage shall be assessed before commencing it, the Director of Law shall make a written application for a jury, to a court of competent jurisdiction, or a judge in vacation. The court or judge shall direct the summoning of a jury in the manner provided for the appropria-tion of property and fix the time and place for the inquiry and the assessment of such damages, which inquiry and assessment shall be confined to such claim. The proceedings had relative to such inquiry and determining of such damages shall be in the manner provided by general laws for the appropriation of property to assess the amount of damage in each particular case. When Council de-termines to assess the damages after the completion of the improvement, for which a claim for damages has been filed as provided in Section 141.07, the Director of Law shall, within 10 days after the completion of such improvement make written application as provided in this section in the case of the ascertainment of damages before the improvement was made, and the same proceedings shall be had. No person who claims damages arising from any cause shall commence a suit therefor against the City until he or she shall have filed a claim for such damages with the Director of Finance and 60 days shall have elapsed thereafter, to enable the City to take such steps as it may deem proper to settle or adjust the claim; but this provision shall not apply to an application for an injunction or other proceeding to which it may be necessary for such applicant to resort in case of urgent necessity.
(Ord. 20-18. Passed 6-18-2018.)