63 Iowa 652 | Iowa | 1884
Some time after the passage of this ordinance, but prior to March 20,1882, one Smouse caused a plat of his proposed addition to the city to be prepared, some of the streets in which were less than sixty-six feet wide, and presented the same to the council for acceptance. In relation thereto, the following resolution was'passed by the council: “That the
Conceding that the council could and did confer on the committee the power to accept the ■ proposed dedication, it will be observed that the committee did not do so, but simply recommended the city to do so, and that the city adopted the report. But this was not equivalent to an acceptance of any kind; much less was it an acceptance by ordinance. The report and action of the council contemplated that something more was to be done, when the plat was filed for record, we must presume; for it cannot be presumed that the city intended by the action taken to accept a plat before it was filed for record. Such a plat- might be materially changed before it was filed, and .thus disputes would arise. But, be this as it may, we do not think the city accepted, or intended to accept, without further action on its part, the unrecorded plat presented to the committee.
We have not deemed it necessary to determine whether a city can lawfully accept an addition thereto by resolution, or by the adoption of a report of a committee so recommending, but we desire to say that, upon the passage of an ordinance, the -yeas and nays must be called and entered of record,
Now, the streets were used to some extent by the public for two or three weeks, and the defendant had knowledge of this fact. Is this sufficient evidence of an acceptance of the proposed addition by the city? .We think not. If user alone is sufficient in any case, we think it must be shown to have been open, notorious, and to have continued for such a length of 'time that an acceptance can be presumed. No such presumption can possibly arise in his case. The judgment of the district court is therefore
Affirmed.