Iowa voter. [volume] (Knoxville, Iowa) 1867-1874, 1869-08-12
An Ordinance

CoNCERNING THE Construction AND
REPAIRING OF SIDEWALKS AND
PROVIDING FOR THE ENFORCEMENT
THEREOF.
BE ii Ordai,scd Jy the City Council OF
tic city 81 hno1vihe:
SECTION !. 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, III what manner TO be constructed,
the material OF which the same shall
be constructed, and the time within
which, and the street along which the
same shall be constructed.
| SEC. 2. Upon the petition for the
| building or repairingof any sidewalks,
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.
y.
provement is ordered, i'm either of the
methods above provided, 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: jjrOpiote1
| 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 he made. And such
| Resolution shall be published two sue
| cessiye weeks in some newspaper pub
| lishcd within the said City; and in
| case the owner of property along any
street where such improvement is or
| dcrcd shall fail to make the same with
| in the time fixed in such Resolution,
| then the City Marshal or Street Com
missioner, as the Council may direct,
shall construct the same, by contract
! or otherwise, as soon as practicable,
and shall return 60 the Council de-
| tailed statement of the cost thereof
opposite each lot, or part Of lot, with
| the name of the owner OF each lot or
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 10 him,
and thercupon the City Council shall
! 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 improvements; and the Treasurer
| shall us soon as practicable thereafter
publish, in some newspaper published
! in said City, for one week, q copy of
such assessment, and 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 DO 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 Treasurer the
amount ofthcir assessmentS 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 be any, 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 If ut law, 1t 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 annum thereon
| from the time the same WAS made till
Judgment, and upon collection of the
Judgment the said Attorney shall pay
over TO the Treasurer such assessment
and interest, and the costs recovered
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,
may 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 charceabIe
against him, and ii 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 my owners of
property are unknown 1t shall be suf-
| iicient to describe such rs the un-
known owner OF any specified lot or
part of lot or parcel of land, and in any
action under this Ordinance IL shall be
sufficient for recovery TO prove the
performance Of work on or along the
street where the property lies which,
or the owner of which, il sought to be
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 10 IL shall seem Just. And
when the action is against property