The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1860-06-14
Ordinance No. Is.

AN ORDINANCE FOR THE ADJUSTMENT OF
CLAIMS AGAINST THE CITY OF OTTUMWA FOR
MONEY PAID AS TAXES UNDER AN ILLEGAL
LEVY OF 1857.
WHEREAS, In the levy Of in 1857 for City pur.
poses, the city officers exceeded their authority by
reason of which the said levy was and is wholly void
and the payment of the said taxes thereby impose
cannot be coeised--and
WHEREAS, Many of the holders Of property in said
city have paid their taxes under such illegal levy,
while others refuse payment thereunder-and
WHEREAS, 1t is nequitabe and unjust to retain the
money of those who have paid, while the city author
tiles are unable by OF the llegality of said
levy to c)erse payment by others,
THEREFosE, IT is hereby ordained by the City Coun-
ell Of the city Of Ottumwa
Section I. That there be allowed to each person
who may have paid his her taxes by virtue of and
in obedience to the said levy for 1857 warrant OF,
the city Treasury for the amount Of such payment
and interest thereon to be added at the rate Of
per cent per annum from the date of such payment
the LIST day of july 1860, up to rch earlier time
as the amount OF payment provided for in this ordi
n ance is adjusted.
Sec That the receipt Of the Collector of the city
for said taxes shall be sufficient evidence OF the pay
ment thereof upon being furnished with which the
City Council will allow the warrant authorized to be
granted under the provisions Of the first section OF
this ordinance
Sec. 9. That in any person entitled to REIN.
bursement under the provision Of this ordinance by
reason ofhavng lost the receipt mentioned in the
last preceding section shall be unable to produce the
same, then and in that he she may establish
his or her right to such reimbursement by filing with
the City Council affidavit Of himself or herself his
lost mslaid and cannot with reasonable diligence
be found Pr0oided that the proof by the affidavit
in this section mentioned shall not be deemed suf
cent, unless in addition thereto the books Of the Col
lector als1 show the payment OF such taxes.
Sec. 4. The affidavit provided for by the last sec
tion shall set forth the fact of payment the amount
paid, and as near may he the time when the pay
ment was made, In addition to the obligation Of the
loss of the tax receipt
Sec. 5. II Is hereby made the duty of the city Col
lector to have his tax books for the year 1851 before
the Council at each OF its meetings to the end that
the same may be inspected by the City Council and
Others in adjusting the matters provided for in this
ordinance.
Sec. G. That upon the presentation to tho Council
of the tax receipts herein mentioned and an allow
ance OF warrant threon the said receipt shall be
surrendered to the Council and IL Is made the duty on
the city Recorder to write the face thereof
word 'cdncetted" and then file such receipt away
with the papers in his office. lie Is also required ia
file the afidayits.
Sec. T. II is further made the duty Of the Recorder
to provide himself at the expense Of the city, suit
abb book In which he shall enter the Of each
person to whom warrant shall be granted under the
provisions of this ordinance, the amount Of such
warrant how much of the same is principal and how
much is interest," and In which he shall enter In short
whether such warrant was allowed the tax receipt
or on affidavit and tax book.
Ottumwa, May 8, 1850.
Passed and approved GEORGE GILLAsPY,
II. Il. Jones, Recorder Mayor.