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Names, plat, costs, etc., to be posted.

Assessment to be paid in installments.

Publication.

against each lot or piece of ground and shall give two weeks' notice in two newspapers of the city and by hand bills posted in conspicuous places on the line of such street or streets of the time and place where for the period of twenty days thereafter the same may be seen for the correction of errors, and after having corrected such errors as may be made known to them, said board shall file the same in the office of the city clerk and shall deliver a copy of said plat and schedule to the auditor of the county in which said city is situ ated.

SEC. 7. That section 12 of chapter 168, laws of the Twentyfirst General Assembly be and the same is hereby repealed and the following enacted in lieu thereof:

Sec. 12. Said assessment shall be placed on the tax duplicate or list of the county and shall be payable at the office of the county treasurer in seven equal installments with interest at six per centum from the date of the assessment upon the unpaid portion thereof, the first of which with interest on the whole amount at six per cent shall be payable at the first semi annual payment of taxes next succeeding the time said assessment is placed on said duplicate and the others annually thereafter, and said assessment shall be collected in the same manner and bear the same penalties when delinquent as now provided by law for the collection of other taxes.

SEC. 8. This act being deemed of immediate importance shall be in full 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 16, 1888.

I hereby certify that the foregoing act was published in the Iowa State Register April 20 and Des Moines Leader April 21, 1888.

FRANK D. JACKSON, Secretary of State.

CHAPTER 6.

CONSTRUCTION OF SEWERS.

AN ACT Relating to the Construction of Sewers in Cities Having a H. F. 379.
Population of more than Thirty Thousand According to the Cen-
sus of 1885, Supplementary to Chapter 162 of the Acts of the Sev-
enteenth General Assembly Entitled An Act to Authorize Cities
of the First Class Containing According to any Legally Author-
ized Census or Enumeration, a Population of Over Thirty Thou-
sand, to Provide for the Construction of Sewers, Additional to
Code, Chapter 10, Title 4 Concerning Cities and Towns, and to
Repeal Chapter 166, of the Acts of the Twenty-first General As-
sembly Relating to the Construction of Sewers.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. That all cities of the first class containing ac- Construction cording to the census of 1885 a population of over thirty thou. of sewers. sand authorized by section one (1) of chapter 162 of the acts of the Seventeenth General Assembly to provide by ordinance for the construction of sewers, shall have the power and be subject to the conditions and requirements hereinafter provided.

lution to be

SEC. 2. Whenever cities subject to the provisions of this act Twenty days' shall deem it necessary to construct any sewer the council shall notice of resodeclare by resolution the necessity therefor and shall state the given. kind, size, location and designate the terminal points thereof and notice for twenty days of the passage of such resolution shall be given not less than two weeks nor more than four weeks in some newspaper of general circulation published in such city and by handbills posted in conspicuous places along the line of the proposed sewer. Said notices shall state the time and place when and where the property owners along the line of said proposed sewer can make objections to the necessity of the construction thereof.

SEC. 3. If the council shall thereafter determine to construct such sewer it shall declare the same by resolution stating the kind, size, terminal points thereof and location. The city engineer shall at once file the plans and specifications therefor in the office of the board of public works for public inspection and the proposals for bids and letting the contract shall be in compliance with the provisions of chapter 168, laws of the Twentyfirst General Assembly and chapter 162, laws of the Seventeenth General Assembly and acts amendatory thereto.

Plan and spec-
filed with the

ifications to be

board of public
works.

SEC. 4. When the contract is awarded for the construction Assessment on of said sewer, the board of public works, in connection with the property benefited.

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Assessment to be published two weeks.

When re-assessment may be ordered.

Assessment

$3 per foot on lots.

city engineer shall constitute the board of assessors and shall at once proceed to make the assessment on the various lots to be charged therewith in proportion, as nearly as may be to the benefits which in their opinion shall result from such sewer and such lots respectively and file the same with the city council as soon as practicable after the awarding of the contract and in estimating the benefits to result from such sewer no account shall be taken of improvements and each lot shall be considered as wholly unimproved.

SEC. 5. Before adopting the assessments so made, the council shall publish notice for two consecutive weeks in some newspaper of general circulation in the corporation stating the time and place, when and where said assessments will be confirmed by the city council and if any person object to his assessment he shall file his objections in writing with the city clerk on or before such date and when the assessment is confirmed by the council it shall be complete and final.

SEC. 6. The concurrence of two thirds of the members of the city council shall be necessary to confirm the assessment made by the board of assessors.

SEC. 7. When it shall appear to the council that a special assessment is invalid by reason of informality or irregularity in the proceedings or when any assessment shall be adjudged to be illegal by a court of competent jurisdiction, the council may order a re-assessment and the proceedings upon a re-assessment shall be conducted in the same manner as provided in respect to the original assessment.

SEC. 8. There shall not be assessed to the lots or land adjanot to exceed cent to the line of any sewer an amount in excess of three dollars per lineal foot and whenever any assessment shall be made to the limit herein prescribed and the board of assessors and city council shall determine that certain lots or land adjacent to the line of such sewer is not benefited in whole or in part, the council shall order and deliver to the contractor a warrant drawn on the sewer fund for the amount that cannot be assessed on the property not benefited.

Chap. 166, acts

21 G. A., and

SEC. 9. Chapter 166, laws of the Twenty-first General Aschap. 162, acts sembly, the same being entitled, "An act supplementary to chapter 162 of the laws of the Seventeenth General Assembly" be and the same is hereby repealed.

17 G. A. re

pealed.

Approved April 16, 1888.

CHAPTER 7.

CONSTRUCTION OF SEWERS.

AN ACT Granting Additional Powers to certain Cities of the First S. F. 218.
Class in the Construction of Sewers and to provide for the Pay-
ment of the Costs of the same, and to Kepeal a part of Section 10
of Chapter 25 of the Acts of the Twentieth General Assembly.

Be it enacted by the General Assembly of the State of Iowa:

may be lev

purposes.

SECTION 1. That all cities of the first class that have been Atax not to exorganized under the general incorporation laws of the State Ceed 5 mills since the first day of January 1881, shall have power to levy a tax ied for sewer not exceeding five mills on the dollar of the assessed valuation of all taxable property within such зities for the purpose of creating a fund to pay the cost and expense incurred by such cities for the purpose of constructing sewers at the intersections of streets, highways, avenues, alleys or other places, where the costs and expenses incurred are not assessable against the fronting, abutting, or adjacent property as now provided by law, and to enable such cities to make such sewer improvements at intersections as aforesaid or to include and pay a part of the costs assessable against private property as is provided in section one (1) of chapter 162 acts of the Twentyninth [Twentieth] General Assembly.

bonds may

SEC. 2. That such cities shall have the power to anticipate City sewerage said sewer tax and the collection of the same and to issue city be issued. sewerage bonds based on the anticipated levy and collection of said tax, which said bonds when so issued, to run for a period not exceeding twenty years and to create a sinking fund for the payment of said bonds with accrued and accruing interest and principal by the levy of such taxes therefor as now authorized by law a part of the revenue of which to be appropriated for the payment of said bonds out of said sinking fund as the city council shall provide by ordinance.

Approved April 13, 1888.

S. F. 204.

Certain cities under special charters may construct sewers.

into districts.

CHAPTER 8.

CONSTRUCTION OF SEWERS.

AN ACT To authorize Cities Organized under Special Charters to
Provide for the Construction of Sewers.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. That all cities in this State organized and existing under special charters having a population of not less than ten thousand nor more than fifteen thousand as shown by the now last preceding State census, shall have power to construct, re-construct and repair sewers or to authorize the construction, re-construction and repair of the same.

SEC. 2. That all cities in this State organized and existing under special charters having a population of not less than ten thousand, nor more than fifteen thousand, as shown by the now last preceding State census may provide by ordinance for the Cities divided construction, re-construction and repair of sewers or may divide the city into sewerage districts in such manner as the council may determine and pay the cost of the construction, re construction and repairing the same out of the general revenue of the city or assess the cost upon the adjacent property or may levy a certain sewerage tax within the sewerage district out of which to pay for the construction, re-construction and repair of the same, or may pay a part of the cost of such construction, re-construction and repair out of the general revenue a part by the assessment of adjacent property and a part by levying a tax upon all the property within the sewerage district, or may pay for the same by pursuing any two of the methods herein named.

Tax may be levied.

Contracts.

SEC. 3. That the whole of the sewerage tax to pay for the cost of constructing, re constructing and repairing sewers in any of the methods provided in the last section may be levied on the property at one time and the city council of any such city may provide by ordinance that such tax shall become payable and delinquent, part in the year in which same shall be levied and other parts in subsequent years, apportioning the same into as many parts and payable in as many years as the city council may by ordinance determine.

SEC. 4. In making contracts with contractors for the construction, re-construction or repair of sewers the contracts promising to pay the contractors may be made in negotiable form

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