45 Iowa 87 | Iowa | 1876
Under an ordinance of the city of Burlington its council are authorized, upon a petition of the resident owners of property abutting upon a street, to order it to bo macadamized and otherwise improved, the cost thereof to be assessed upon the real property abutting upon the part of the street so improved. The third section of this ordinance provides that, “the manner of making such improvement, * *' * * and of assessing and collecting the expense' thereof, and all proceedings in relation to the same, shall be the same as now provided by ordinance No. 27,” etc. The ordinance 27 provides that, “ it shall be lawful for the city council, by resolution describing the street, avenue, etc., or other place to be improved, and the character of the improvement, to order and direct such improvement, and require the cost and expense thereof to be levied and assessed as a special tax upon the lots and parcels of ground, or any part of either, fronting or lying along the street, etc., to be improved, which said resolution shall be published at least once with other council proceedings.”
1. The ordinances, in terms, require the work to be ordered by a resolution to be published in the manner jn-eseribed. The city, by its ordinance, having prescribed these proceedings, must pursue them in order to bind the property holder and render him liable for the cost of the work. The city can
II. Having announced this well settled doctrine, we will consider the facts which render it applicable to the case before ns.
The section as it stood in the Revision .is applicable to municipal corporations organized under the general statute of the State, being a part of that enactment. The city of Burlington, when the proceedings involved in this case were had and the work was completed, was a municipal corporation chartered by a special statute. The work was completed on or before the 29th day of December, 1873, and, of course, all proceedings of the city council relating thereto were had prior to that date. The city on the 8th of March, 1875, abandoned its special charter and was organized under the general incorporation statute.
It cannot be claimed that the section in question, as it stood in the Revision, being a part of the general incorporation law under which cities may be organized, and applicable to proceedings had by such cities, can be applied to cities existing under special charters for the simple reason that proceedings of the last named cities are not of its subject. There are no words in the statute which extend its provisions to thé acts of cities organized under special statutes.
Eeversed.