172 Iowa 406 | Iowa | 1915
It would be difficult to make a more confusing record than is presented herein. The plaintiff is the owner of six certain lots in the city of Sheldon, against five Of which a paving assessment was levied. “Lots 23 and 24 and the North one half of Alley” in block 6 were assessed $267.30. Lots 17 and 18 in Block 7 were assessed $237.60. Lot 15 in Block 14 was assessed $787.04. Plaintiff appeared before the city council with objections to the' assessments. Her’first objection went to the validity of the assessment in toto. This was based upon an alleged failure to pass a resolution ordering the paving.
The second objection went to the validity of the assessment, because it was not apportioned according to benefits but was determined solely in proportion to frontage.
The third objection went to the validity of the assess
The fourth objection went to the validity of the assessments on the lots in Blocks 6 and 7, because a lump sum was' laid against the lots in pairs in each block.
While the objections actually made were more numerous than the foregoing, they wére all reducible to one or the other of the above.
The trial court reduced the assessment on Lot 15 in Block 14 from $787.04 to $450, on the ground that the lot thus assessed was not of greater value than $1,800. The lump assessments against the pairs of lots in Blocks 6 and 7 were split and apportioned to each separate lot, but no reduction was made therein. The validity of the assessments in all other respects was sustained.
The only grievance presented by the city of Sheldon on this appeal is the reduction of the assessment on Lot 15. The grievances of the plaintiff on her appeal are coextensive with her objections as above stated.
I. Turning first to the first objection named as to the invalidity of the entire proceedings, this objection is based largely upon alleged imperfections in the record of the proceedings. Some confusion arose out of a duplication of identifying numbers which were applied to certain resolutions passed by the city council. With a view to rectification, the city clerk at a later time changed the identifying number of a resolution upon his records, without any formal authority from the city council and because he deemed the existing number as his own evident mistake. The claim of invalidity rests upon the assumption that if this correction had not been made by the clerk, the invalidity of the proceedings would appear upon the face of the records.
To be more' explicit, on March 20, 1913, the city council regularly adopted a proposed resolution of necessity, in compliance with the provisions of Code Sec. 810. April 28th was fixed as a time of hearing. On such date, the plaintiff
The following sections of the Code were involved:
“See. 810. When the council of any such city shall deem it advisable or necessary to make or reconstruct any street improvement or sewer authorized in this chapter, it shall, in a proposed resolution, declare such necessity or advisability, stating the kind of material proposed to be used and method of construction, whether abutting property will be assessed, and, in case of sewers,'the kind and size, and what adjacent property is proposed to be assessed therefor, and in both eases designate the location and terminal points thereof, and cause twenty days’ notice of the time when said resolution will be considered by it for passage to be given by four publications in some newspaper of general circulation published in the city, the last of which shall be not less than two nor more than four weeks prior to the time fixed for its consideration, at which time the owners of the property subject to assessment for the same may appear and make objections to the contemplated improvement or sewer and the passage of said proposed resolution, at which hearing the same may be amended and passed, or passed as proposed. ’ ’
“Sec. 811. Upon compliance with the preceding section, the council may, by ordinance or resolution, order the making*410 or reconstruction of such street improvement or sewer, but the vote shall be by yeas and nays, and entered of record, and the record shall show whether the improvement was petitioned for or made on the motion of the council. ’ ’
The decree entered below will be modified by a reduction and distribution of the tax assessed against the lots in Block 6, including the alley. A decree may be entered here distributing the tax, $150, between such lots and the alley in proportion to frontage. In all other respects the decree entered below will be affirmed. — Modified and Affirmed.