the said commissioners shall consider the amount of land reclaimed or lost, and the expense that will be incurred to the owners of said property, in the doing of said work, and the advantages, if any, accruing from the removal of the easement of said water course, and any other matter that said commissioners may deem proper to be considered in determing said question. meeting. Provided, That no damages shall be awarded for the cost of Time and the filling of said channel. Said commissioners shall give place of comnotice of the time and place of their meetings to determine missioners' what lot or lots and lands are so benefited or damaged, as the case may be, by publication thereof, at least five days successively, prior thereto, in some newspaper in general circulation in said city, and for the purpose of enabling them to determine, the same, may take evidence and listen to and Hearing evireceive any statement which any owner of property may see fit to make in reference thereto. After said commissioners shall so make their finding and determination to the city council, the said city council may approve, reject or modify the same. dence. published. Provided, That notice of the hearing before the said city Notice of council of said report of said commissioners shall be given by hearing to be publication in a newspaper of general circulation in said city for five successive days, which last publication shall be ten days before such hearing. And if after said council shall hear said matter, they shall conclude to reject said report, they shall resubmit the matter of the determination of said benefits and damages to new commissioners, who shall proceed in the same manner as said original commissioners. If said city council shall approve or modify said finding of said commissioners they shall assess the amount of said benefits so found and determined against said abutting lot or lots or lands, and the said channel so to be filled up or reclaimed. Any person aggrieved by the action of the city council in making said grieved. assessments, shall have the right of appeal to the district court of the county in which said city is located, provided said appeal is taken within twenty days from said assessment, and Appeal. shall also have the right to review said action of the city council in said district court, in the manner now provided by law. Parties ag channel SEC. 6. If such stream or any part thereof is proposed to May order be diverted from its course, and conducted through another or abandoned different channel, or through any covered drain or sewer, the filled. city council shall have power to order said stream or any part thereof, thus abandoned, as a water course, to be filled up and if the same or any part thereof is not filled up by the owner or owners of said stream within such time as the city may by ordinance or resolution provide, the city council may proceed to let the work of filling said stream or any part thereof by Contract to fill let by council. contract, and the city council shall have power to assess the cost of filling up the remainder of the channel of said stream against said property abutting on said stream including that reclaimed therefrom, and against the owners thereof, in proportion to the number of cubic yards of fill required and made upon, against and in front of each of said lots or tracts, and the city council shall provide by ordinance or resolution, the manner of ascertainment of said cost and adopting and making said assessments the notice to be given to said owners of the time and place of making the same. And said city Assessments may provide by ordinance when said special assessments for when due and benefits and for the expense of filling said old channel shall become due and payable, and whether in one payment or in installments and the rate of interest not exceeding six per cent per annum, said deferred payments shall draw, and may provide for the issue of improvement bonds, to be a lien on said property, and payable from the funds to be derived from said special assessments, all as provided in chapter 20, of the laws of the twentieth general assembly of Iowa, and acts amendatory thereof. payable. Assessment work is com pleted. SEC. 7. Such special assessments shall not be levied by the levied when city council until said work shall be completed, they shall become delinquent at such time after the levy thereof as the city council may provide, shall constitute a lien against the lots and lands against which they may be assessed from the date of the resolution making the assessment, shall draw interest at a rate not exceeding six per cent per annum, and may be enforced against said lots and lands and the owners thereof in any manner provided by law or the ordinances of said city. Interest. Delinquent assessment. The assessments when delinquent may be certified to the county auditor and by him placed on the tax books of the county wherein said city is situated, and the same shall be collected and paid over in the manner provided by law for the collection of state and county taxes, and said city is hereby Sale of prop- authorized to become a purchaser at any sale made by the county treasurer for any such delinquent special assessments, and shall be entitled, if the same shall remain unpaid as by law provided, to receive a treasurer's tax deed for said property so sold and thereafter may sell and convey the same in any manner they may deem best and proper. erty. Relation of streets and alleys. SEC. 8. That all streets and alleys intersecting said old channel or stream opposite each other, shall be considered as projected from each side thereof and meeting in the center of said stream in such a manner as to make a continuous street or alley across the same, and if such street or alley is shown upon the present recorded plats as terminating on one side of said stream, the same shall be projected to the center thereof, and the expenses of filling all such streets and alleys shall be borne and paid by the city. public. SEC. 9. If the title to the natural bed and banks of any Title when stream or any portion thereof, after the same shall be di- vested in the verted from its natural course and conducted through another channel or through any covered drain or sewer is in the public, or is in the corporation for the use of the public, then the said city shall have power to fill up the said channel so owned by the public, and pay the expenses thereof, and shall have power to sell and dispose of the same in any manner the city council may deem proper. erty con SEC. 10. Said cities are also hereby authorized to condemn Private propand appropriate so much private property as shall be neces- demned. sary to carry into effect any and all of the provisions granted or conferred by this act. When it shall be When it shall be necessary for any such city to enter upon and condemn private property for any of the purposes herein enumerated, the proceedings to condemn the same and the compensation to be paid therefor shall be determined in the manner provided by sections 476 and 477 of chapter 10, of title 4 of the Code of 1873. report of com SEC. 11. After the report of the commissioners provided Work may be in section 5 hereof to the city council and the final action authorized on thereon by the city council as herein before provided, the city missioners. council shall have authority to order said work of constructing said new drain, sewer or channel, or part thereof, to be done as provided and to levy said special taxes to pay the costs and expenses thereof. They shall have power to authorize different portions of said work to be done in different years successively, and in such case, shall levy only such portion of said special tax each year as that portion of said work ordered done in any one year bears to the whole of said work proposed to be done. penses. SEC. 12. The cost and expense of doing any of the work Payment of authorized by this act (except the cost of filling any old chan- cost and exnel, to be assessed against abutting property herein before provided), the compensation to be paid for private property condemned and appropriated therefor, and the damages which any person may sustain by reason thereof, or by reason of the change of said old channel as herein before provided, shall be paid out of special tax hereby authorized to be levied; the levy and collection of special assessments for benefits upon lots and the lands abutting upon said old water course, as herein before specified, and the special assessments, if any, which the city may make against any property adjacent to the street or alley on which said new sewer may be located and also from the proceeds of any sales as herein provided of said portion of said water course from which the water shall have been diverted and the title to which may be vested in the public, or in the corporation for the benefit of the public, and also by appropriations from the general funds of said city available for said purpose. Sewer used by city cost assessed. SEC. 13. In case the new sewer as herein authorized, shall be constructed along any street or alley and shall be allowed by the city to be used as a sanitary or storm water sewer along the line thereof, then and in that case the city council shall have power to assess to the lots or lands adjacent to the line A portion of of such sewer, a portion of the cost of such sewer, not exceeding, however, in any event, the sum of two dollars per lineal foot of sewer, and if such assessment is made, the same shall be assessed and levied against adjacent property in the same manner as is now or hereafter may be provided by law, and the ordinances of any such city in which such sewer is constructed for the construction of sewers and the assessments of the costs thereof. Collection of tax anticipated. Publication. SEC. 14. Said cities shall have authority in anticipation of the collection of said tax, to borrow money for the purpose of doing said work, and may issue its bonds therefor and shall have authority to provide by ordinance the manner of the issuing of the same, provided that the sums so borrowed by said city shall not exceed in any one year the total amount of said special tax actually levied at the time when any such loan shall be made. SEC. 15. This act being deemed of immediate importance shall take effect and be in force from and after its publication in the Iowa State Register and Des Moines Leader, newspapers printed and published in the city of Des Moines, Iowa, said publication to be made without expense to the state. This bill having remained with the governor three days (Sunday excepted), the General Assembly being in session, has become a law this 18th day of April, 1890. S. F. 252. Provisions CHAPTER 7. REMOVAL OF SNOW AND ICE FROM SIDEWALKS. AN ACT to Amend Chapter 16 of the Acts of the Twenty Second Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That Section 1 Chapter 16 of the acts of the extended to Twenty Second General Assembly, relating to the removal of cities of sec- snow and ice from sidewalks in cities organized under special ond class. charters, and cities of the First Class, and cities of the Second class, having over Seven Thousand inhabitants be amended by inserting the after the words "Period of Fifteen hours" in the Seventeenth line of said Section the words "Provided that the provisions hereof, relating to the removal of snow and ice from sidewalks, shall extend to and include all cities of the second class." Approved April 15, 1890. CHAPTER 8. FIRE DEPARTMENTS. AN ACT to establish and maintain a Fire Department in Cities of S. F. 133. the second class. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That any city of the second class may levy a Tax of 1 mill tax of not more than one mill on the dollar, in addition to the authorized. maximum tax now authorized by law, for the purpose of maintaining a Fire Department, and the money so raised shall constitute a fire fund and shall be applied to no other purpose. disburse SEC. 2. The City Council shall provide by ordinance, the Manner of manner in which disbursements shall be made for the pur- ment. chase of fire apparatus and services rendered by members of the Fire Department while engaged at any fire said bills to be audited and paid in the same manner as other bills, by the City Council. Approved April 10, 1890. CHAPTER 9. IMPROVEMENT OF STREETS. AN ACT to Amend Chapter 20 of the Acts of the Twentieth General H. F 134. Be it enacted by the General Assembly of the State of Iowa: ond class in SECTION 1. That Chapter 20 of the Acts of the Twentieth Cities of secGeneral Assembly of Iowa be and the same is hereby eluded. amended by inserting after the figures "1881" and before the word "shall" in the second line of Section one thereof, |