127 Iowa 563 | Iowa | 1905
On the 17th day of November, 1902, the council of defendant adopted a resolution that it was necessary and advisable to make the following improvement, to-wit:
1. Street improvement: sufficiency of order. T'o grade, curb and pave with brick on concrete foundation Foster street, from the south side of Spray street to the south side of West avenue, said paving to be 36 feet in width between the curbs, and the cost of the same be assessed and levied as a special tax upon the real property adjacent to 'and abutting upon that part of the street or alleys upon which the said improvement shall be made, in proportion to the special benefits conferred upon the said property thereby and not in excess thereof [and that said resolution will be considered for passage on the 15th day of December, 1902, at which time you may appear and make objections to the contemplated improvement or sewer, and the passage of the said proposed resolution and at which hearing the said resolution may be amended and passed or passed as proposed], and the cost of such part of said improvement as is between the rails, and one foot outside of each rail of any street car company operating in the city of Burlington,*565 Iowa, will be assessed against tbe property of said street car company or companies in tbe manner prescribed by law.
Tbe record does not disclose that any objection thereto was interposed, and on tbe dajy fixed a final resolution was adopted. It was an exact copy of tbe above, save that tbe portion included witbin tbe brackets was omitted. Appellant insists tbat tbis final resolution did not comply witb section 811 of tbe Code, providing tbat “ upon compliance witb tbe preceding section tbe council may, by ordinance or resolution,, order tbe making or reconstruction of sucb street improvement or sewer.” Tbe section preceding relates to tbe resolution of necessity, and it is conceded tbat tbe one quoted complied therewith. Tbe criticism made is tbat tbe final resolution was not an order, but we think otherwise. No particular form of expression was required. • It was adopted in pursuance of a resolution fixing a bearing, witb tbe sole purpose of making the improvements if found expedient. No other object could have been bad by tbe council in spreading it upon tbe records, and in pursuance of'it tbe contract was let and tbe improvements made. While not as direct in language as it might well have been, no one, in view of tbe situation, could have been misled as to what was intended, and when thus definite tbe order is sufficiently explicit to meet tbe requirements of tbe statute.
A. H. Stutsman, Starr and Foster’s add. S. 60 10.. ......
All of 12.
All of 14. 583.35
To this plaintiff filed written objections, stating that he was owner of the lots; that two of them were vacant; that their value according to the last preceding assessment was $350 each; that it was proposed by the council “to assess each lot the sum of $194.45, or $583.35 for the three lots; that the assessment could not exceed twenty-five per cent, of the value of the property, under section 1 of chapter 29, page 14, of the Acts of the Twenty-Eighth General Assembly — and added, “ Tour honorable body now proposes to assess the said sum of $194.45 against each lot which is more