The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1901-10-10
HOW 1T IS DONE
Method Of Fixing and Collecting As.
sessments for Paving.

y pOu Lille COlIlpleUlOu Vi Tie paving
on North Michigan street it becomes
the duty of the city engineer to re-
port the fact and the total cost of the
improvement to the common council.
Thereupon the council, by resolution,
will refer the matter to the city COM
miSSiOnerS, fixing time and place
for them to meet. Upon notice is
sued by the clerk and served
by the marshall the commission
erS will assemble at the
designated time and place and pro-
coed to view the pavement and the
lots affected thereby; within fifteen
days they will file with the clerk their
written report describing each lot
benefited or damaged by the improve
ment and stating the name of the
owner of the same. at the next en-
suing meeting of the council that body
will fix time and place for the city
commissioners to meet again, this
time to assess the cost of the work,
and the clerk will publish notice of
such meeting two weeks in advance,
the notice to contain the names Of
the property owners as shown by the
report of the commissioners. All
parties affected have the right to ap-
pear and be heard at this meeting,
Thirty days later the commission
ers will make to the council written
report of their assessment of benefits
and damages ard the parties affected
may at this time appear before the
council and be heard, this being the
second opportunity.
Within twenty days the council
must act upon the report of the COM
missioners, and of this meeting notice
will be given by publication. giving
the names of the parties assessed, the
amounts and the descriptions of the
lots. Here again the parties may APP
pear and be heard. The council may
confirm the report as presented, or
it may be modified. but in either event
the report as approved will constitute
the assessment of benefits or damages
and the several amounts therein stated
will that moment become liens upon
the property and bear interest at the
rate of five per cent from that date.
After the lien is thus fixed no suit
shall lie to enioin or restrain the col
lection thereof and the validity of the
assessment shall not be questioned,
except on appeal TO the circuit court
within twenty days under a bond.
The grounds for such an appeal are:
O That the proceedings are invalid;
(2) that the benefits assessed are too
high or the damages too low: (3) that
the benefits assessed to the plaintiff
are too high in proportion to the as
seSsment of other property similarly
situated. Such an appeal cannot be
tried by jury and if the party APP
pealing fails to reduce his benefits or
increase his damages ten per cent he
must pay the costs.
The assessments as finally established
will be placed on the tax duplicate, to
be collected as taxes, in ten equal an
nual instruments bearing five per cent
interest. The city may issue bonds
to the amount of the aggregate as
SeSSment and thus raise money toIpay
the contractor in advance Of the col
lection of assessments.
Delinquent assessments may be col
lected as delinquent taxes or by fore
closure, and the bondhOlders may
bring suit in foreclosure against the
delinquent property owners, in which
event the attorneys fee is included in
the Judgment. Any person assessed
for the improvement may pay up in
full at any time, thus cutting off the
subsequent interest charges, and such
a payment will wipe out the lien.