bonds. SEC. 9. All moneys received by the City Treasurer from Fund, sale of the sale of said bonds shall be kept by him in a separate fund, and paid out on requisition of the Council accompanied by affidavit of the City Engineer, that work has been done or material furnished to the amount of said requisition, and that it is required for the payment of the same, and all moneys received by said treasurer shall be kept in the same manner and subject to all the regulations regarding other money of the city, except he shall keep a separate account of same and all interest received upon the same shall be credited to such fund. assessed to SEC. 10. When any such improvement shall have been con- Cost of impleted, it shall be the duty of the Council to ascertain the en- provement tire cost of the improvement and also what portion of such abutting cost, may be by law assessable on adjacent property and the property. portion of such cost so assessable, shall then be assessed as provided by law, or by ordinance of such city upon the property fronting, or abutting on said improvement. Whenever any street railway may have been constructed and shall remain upon any street which the Council may direct to be paved, at the time when such direction shall be given; and when the owner of such street railway may be bound to pave Street railany portion of said street by any action of the city under Sec- ways in inter tion 1 of Chapter 16 of the acts of the 22nd General Assembly, or by virtue of the provisions or conditions of any ordinance of the City under which said street railway may have been constructed, or may be maintained, and if the owner shall fail or refuse to comply with the order of the Council to do such paving, then the portion of the cost of paving such street, assessable upon such street railway, shall be ascertained, and shall be assessed against such street railway. proved. SEC. 11. The Council shall cause a plat to be made and Plat of terrifiled with the City Clerk or city recorder as the case may be tory imfor Public inspection of the place or places on which such improvement shall be made showing the separate lots or parcels of ground, subject to assessment for such improvement, (and the names as far as practicable of the several owners, and the amount to be assessed against each lot or piece of ground, and if such improvement shall be the paving of any street, said plat shall also show any and all street railway tracks thereon, and the amount, if any, to be assessed against such street railway, and shall after the making and filing of said plat as aforesaid, cause to be given ten days public notice in two daily news papers, published in such city that such plat is on file in the office, of the City Clerk, or city recorder as the.case may be for the inspection of any person or company interested therein, and that any such person or company having any objection to the same or the tax proposed to be assessed thereby, shall file with the said City Clerk, or city recorder as the case may be his or their objections in writing, at or before the next jections. meeting of such Council, after the publication of such notice, that such Council at such meeting, or as soon thereafter as Hearing ob- practicable and after hearing and deciding upon any objection so filed, if any, and after making all necessary corrections in the assessment as proposed by said plat, shall assess and levy as a special tax upon the property of each owner, liable to special assessments as aforesaid, its just and true proportion according to law, and according to said assessment proposed by said plat as corrected and approved of the amount to be specially assessed for any such improvement, said assessment shall be duly entered on the proper tax books of such city, and shall be payable at the office of the City Collector of said city, or other officer authorized to collect city Payable in in- taxes in seven equal installments with interest at the rate of with interest. six per cent per annum, from date of the assessment upon the unpaid portion thereof, the first of which with interest on the whole amount at six percent per annum shall be payable on and after the date of such assessment, as aforesaid, and the others annually, after the date of such assessment and said assessment shall be collected like other special taxes, as may be provided by the ordinance of such city. stallments Assessments lien. SEC. 12. Said assessment with interest accruing thereon, on interest a shall be a lien upon the property abutting upon the street or streets on which any said improvement is made, or upon such improvement from the commencement of the work, and shall remain a lien until fully paid, and shall have precedence over all other liens except ordinary taxes, and shall not be divested by any judicial sale, provided that such lien shall be limited to the lots or lands bounding or abutting on such street or streets, or on such improvement and not exceeding in depth therefrom 150 feet. Any assessment against any street railway for the paving of any street shall be at first and paramount lien upon the entire track of said street railway in the limits of the city making such assessments. Assessment at any time. SEC. 13. The owner of any property against which an asmay be paid sessment shall have been made for the cost of any such improvement, shall have the right to pay the same in full, with interest thereon at six percent per annum, from the time said assessment was made, or after having paid one or more of said seven installments, and interest, he may at any time pay in full the balance of his assessments remaining unpaid, with interest theron at six percent per annum, from the time when the preceding payment becomes due, and such payment in full shall satisfy and discharge the lien upon said property, and any owner of such property who shall divide the same so that the feet front on any such improvement are divided into separate lots or parcels may discharge the lien in like manner upon any one, or more of such lots or parcels by payment of the amount unpaid thereon calculated, by the ratio of feet front to street rail of such lot or lots or parcel or parcels to the feet front of the whole lot. If any assessment shall have been made against any street railway for the paying of any street, the owner of said street railway shall have the same rights as are hereinbe- Same rights fore provided to pay in installments, or to pay in full, the as- ways. sessment against said street railway; but no part of the line of said street railway shall be released from the lien for any portion of any unpaid assessment which may have been made against it for paving any street as aforesaid. received. SEC. 14. All moneys received from assessments shall be Use of money appropriated to the payment of the interest or payment and redemption of the bonds, or of the certificates hereinafter provided for as the case may be, that shall be issued for such improvements, and if any interest shall become due on any of said bonds, when there is no fund to pay the same, the Council shall be authorized to make a temporary loan for the payment thereof. ited by con SEC. 15. If by reason of the prohibition contained in Sec. Cases prohib3, Article 11, of the Constitution of this State, it shall at any stitution. time be unlawful for any such city to issue bonds as by this act, provided or for any other reason or reasons at the discretion of the council it shall be lawful for such city to provide by ordinance for the issuance of certificates to contractors, who under contract with the city, shall have constructed any such improvement in payment therefor, each of which certificates shall state the amount or amounts of one or more of the assessments, made against an owner or owners, and lot or lots, or street railway, on account of and for payment of the cost of any such improvement, and shall transfer to the contractor and his assigns all of the right and interest of such city to, in and with respect to every such assessment, and shall authorize such contractor and his assigns, to receive, sue for, collect or have collected every such assessment, embraced in any such certificate by, or through any of the methods provided by law, for the collection of assessments for local improvements including the provision of this act. writing to SEC. 16. Whenever the owner or owners of any lot or lots, Agreement in or any street railway, the assessment or asssessments against pay. which is or are embraced in any such certificate, shall severally promise and agree in writing endorsed on such certificate, that in consideration of having the right to pay his or their assessment or respective assessments in installments, they will not make any objection of illegality or irregularity as to their respective assessments, and will pay the same with interest thereon, at such rate not exceeding six per cent per annum, as shall by ordinance or resolution of the City Council of such city be prescribed and required, he or they shall have the benefit and be subject to all the provisions of this act authorizing the payment of assessments in annual installments, Failure to promise in writing. relating to the lien and collection and payment of assessments so far as applicable. SEC. 17. Any owner of any lot or lots, or any street railway assessed for payment of cost of any such improvement, who will not promise and agree in writing as provided by Sec. Must pay in 16, hereof shall be required to pay his assessment in full when made, and the same shall be collectible by or through any of the methods provided by law for the collection of assessments for local improvements including the provisions of full. Mistakes. Owners must petition. Parts of street. Repealing clause. Publication. this act. SEC. 18. Any mistake in the description of the property, or in the name of the owner shall not vitiate the lien. SEC. 19. The Council of any such city shall not have the right to authorize any improvement under this act, unless the owners of a majority of the feet front of the property abutting upon the street or streets to be improved, or any such improvement shall petition therefor, or unless the same shall be voted for by three fourths of the members of the Council. SEC. 20. Any part of any street may be improved under this act, as well as an entire street. SEC. 21. All acts and parts of acts in conflict with this act, are hereby repealed provided nothing herein contained, shall be construed as prohibiting or preventing such cities, from making special assessments to pay for the construction of sewers upon adjacent property, according to area, or from paying for such construction by any method of assessment, or any combination of methods now provided by law. SEC. 22. This act being deemed of immediate importance, shall be in force and effect, from and after its publication in the Iowa State Register, and Des Moines Leader, Newspapers published in Des Moines, Iowa. Approved April 10, 1890. I hereby certify that the foregoing act was published in the Iowa State Register April 18, and the Des Moines Leader April 16, 1890. FRANK D. JACKSON, Secretary of State. CHAPTER 15. SPECIAL TAXES FOR IMPROVEMENT OF STREETS. AN ACT Entitling Person Paying Special Taxes Assessed upon Real H. F. 76. Be it enacted, by the General Assembly of the State of Iowa: erty exempt SECTION 1. That in all cities, existing under special char- Certain propters, having a population of more than 20,000 under the cen- from general cus of 1885 whenever any real-estate may by ordinance be road tax. assessed with any special tax for the improvement of streets, then such real-estate, so specially assessed, and the special assessment upon which shall be paid, shall after such payment, be exempted from taxation for any general road or street tax which might thereafter be assessed against it for any year or years, so long as the amount of such general road or street tax against such property would not exceed the amount of such special tax: and to the amount of such special tax paid as aforesaid, such general road or street tax shall be considered as fully paid, satisfied and discharged. Approved April 30, 1890. CHAPTER 16. COMPENSATION OF MAYORS. AN ACT to grant cities under special charter the power to fix the compensation of their mayors, and to legalize compensation heretofore paid to the mayors of such cities. S. F. 388. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That cities incorporated under special charters cities may fix are hereby granted the power to fix the compensation of their compensation Mayors by ordinance of their respective City Councils, as follows:-In Cities of Ten Thousand population, such compensation shall not exceed Five Hundred ($500.00) Dollars. In Cities of Mayors. |