Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1869-08-05
An Ordinance

/ THEREOF.
BE II Orddfncd ~ the city 1councR Of
The CItyef Kao1oitte: ,i#
SECTION l.. That the City Council
of said City may, by Resolution
adopted by two-thirds Of all the mem
bers present at any regular meeting,
| direct and order the improvement OF
any street Of said City by the building
or repair of any sidewalk or sidewalks
| thereon. and the Resolution therefor
shall describe the Kind and character
Of such improvement, the width there
Of, in what manner to be constructed,
| the material Of which the same shall
! be constructed, a;it. the time within
which. and the street along which the
same shall be constructed.
SEC. 2. Upon the petition for the
building or repairing Of any sidewalks,
4 Of two-thirds of the owners Of the prop
! erty TO be charged with the costs there
! Of. the Council may order and direct
| the same to be done, by Resolution
/ specifying the same, as in Section One
above.
| SEC. 3. Whenever any such i'm
| provement il ordered in either of the
methods above provided. a copy Of the
| Resolution therefor shall be served by
| the Marshal, as soon as practicable,
| upon each known resident owner of
! property along the street where such
/ improvement is to he made: plOUtded
that failure to give such notice shall
not defeat or affect the right of the
! City to recover judgment for any such
/ improvement when the same is made
! by the City; nor shall such failure
| affect the right of the City to enforce a
! lien against any lot or parcel of land
! upon or along which any such inn
| provement may be made. And such
Resolution shall be published two sue
| cessive weeks in some newspaper pub
| lished within the said City; and in
case the owner of property along any
| street where such Improvement Is or
dered shall fail to make thesa with
! i'm the time fixed i'm such Resolution,
! then the City Marshal or Street Com
missioner. a. the Council may direct,
E shall construct the same, by contract
I on otherwise as soon as practicable,
Ard sse4tl return 10 the Council de-
I TAILED statement of the cost thereof
+ opposite each lot, or part of lot, with
the name OF the owner of each lot or
f part OF lot or parcel Of land along
which the improvement has been
made or repairing done, when the
name OF such owner is known TO him,
and thereupon the City Council shall
I by Resolution declare an assessment
| against each such lot or part OF lot or
parcel Of land, and the owner or own
ers thereof If known, of the cost OF
such improvement; and the treasurer
shall as soon as practicable thereafter
publish, in some newspaper published
in said City, for one week, copy OF
such assessment, and a notice that all
| persons liable under such assessment
! shall pay the amOuntassessed on them
or their lots to the City Treasurer on
or before a day to be named therein,
and not more than thirty days after
such assessment was made. And it
shall be the duty of the persons liable
| therefor to pay to the IRE asurer the
amount Disbursements respective
| ", and in case such assessment or any
part thereof shall remain unpaid for
| forty days after the making of such
assessment, the Treasurer shall deliver
list Of the unpaid assessments, and of
the persons and lots liable therefor to
the City Attorney, If there beany, and
| If not, then to such Attorney as the
| Council may employ for that purpose,
who shall proceed to collect the same
! by process of law, by action either in
law or equity, and II at law, it may be
by suit before the Mayor Of said City,
and in any such proceeding there shall
be recovered such assessment and ten
per cent. interest per anEum thereon
| from the time the game was made till
| Judgment, and upon collection of the
/ Judgment the said Attorney shall pay
over to the Treasurer such assessment
| ;,t
and unclaimed By the persons entitled
thereto; and the Treasurer shall pay
the costs aforesaid to the parties en-
titled thereto, if claimed within one
year thereafter, and not otherwise.
SEC. A. That in any action or pro-
ceeding for the recovery Of any assess
ment on any persons or property, for
any purposes provided in this Ordin-
ance. any number or all such persons
so liable under any one assessment,
NAV be included as defendants there
in: but when two or more are SO made
defendants in. the same action, the
/ Judgment or decree shall be rendered
separately against each person for the
amount found properly chargeahle
against him, and If the proceedings
are in equity, decree may also be en-
tered against each lot or part of lot or
parcel Of land. which decree may pro-
vide for the sale thereof, as the Court
may direct; and in case any owners of
property are unknown it shall he suf-
ficient to describe such as the UNI
known owner of any specified lot or
part Of lot or parcelof land, and In any
action under this Ordinance it shall he
sufficient for recovery to prove the
performance Of work on or along the
street where the property lies which,
or the owner of which, is sought to he
charged, and the assessment of the
amount claimed: and in any judgment
or decree where there are several de-
PENDANTS. the Court shall apportion the
costs as to il shall seem just. And
when the action is against property
the owner of which is unknown, such
unknown person shall be served with
notice of such action in the manner
and for the length of time provided for
, i'm sections 1886, 2S37, 1888 and 2S39 OF
the Revision of 1860. except that the
date Of trial shall be fixed by the May
or. when the case Is brought before
him, and shall not be less than five
, clear DAYS after the date of the last
publication of said notice. The petit
tion In such case may be sworn to by
any member Of the City Council, OF
other officer of the City, or employee
, of said City who assisted in the per,
formance Of the work done which i
the subject Of the action. or by any
: other person who has knowledge o.
the matters therein stated.