179 Iowa 59 | Iowa | 1917
“Section 6. That, upon the completion of said improvement according to said contract and upon notice and proceedings required by the laws of the state of Iowa, said town council shall assess the cost of said street improvement against all lots and parcels of land according to area, so as to include one half (%) of the privately owned property between the streets improved and the next street, whether such privately •owned property abut on said street or not; but in no case shall privately owned property situated more than three hundred feet (300) from the street so improved be assessed, and in accordance' with the laws governing the same; but said assessment shall not exceed twenty-five (25) per cent of the actual value of any lot or parcel of ground at the time of levy as may be deemed equitable and authorized by said laws, and the balance of said costs, if any, and the cost of excess grading, shall be paid for out of the grading fund, the improvement fund and the'general fund of said town; and, in anticipation of payment of special assessment (which
The meeting of the council for final consideration and action upon the resolution was set for January 21st, 1916, and the clerk published notice thereof for the period and in the manner provided by law. The notice so published was entitled, “Preliminary Notice of the Consideration for Passage of Proposed Resolutions Ordering Street Improvements.” It set out the names of the streets and the particular parts thereof to be improved, described the kind, quality and dimensions of the pavement to be laid, and announced that the resolution was on file with the clerk of the town, and that, at the time and place mentioned, owners of property subject to assessment for the cost of the improvement, could appear and make their objections or defense to such proceeding. On the date named, the resolution was passed, and thereafter, notice to bidders was published, and a contract for the construction of the pavement was entered into with one Beebe. The plaintiff in this action is a citizen and taxpayer of Oakland, and owns lots abutting on some of the improved streets. He brings this action to enjoin and prevent the carrying out of such contract and to restrain the town officers from levying any assessments because of the alleged invalidity of the proceedings and want of jurisdiction in the council to adopt the resolution or to order the improvement. This objection, as we understand counsel, is based upon the single proposition that the notice of the hearing by the council upon the resolution of necessity was insufficient, because it failed to state whether special assessments were to be laid, or upon what
Returning now to the form and contents of the notice to be given of the hearing upon the resolution, it will be observed