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council shall afterward levy a tax upon the abutting property for the pavement of the same. [C. L. § 1800*.

281. Special assessment a lien. Special assessments made and levied to defray the cost and expenses of any work contemplated by the provisions of this chapter and the cost of collection thereof, shall constitute a lien upon and against the property upon which such assessment is made and levied, from and after the date thereof, and such assessments shall be collected in the manner prescribed by ordinance. [C. L. § 1800*.

282. Change of grade. Damages. Whenever by the grading of any street, alley, or other public ground in a city, pursuant to the action of the city authorities in changing the established grade of such street, alley, or public ground, after valuable improvements have been made upon real property abutting thereon, such real property is injured or diminished in value, the owner of such real property or improvements may recover from such city the amount of such damages or diminution in value in a civil action brought for that purpose. This section shall be held to cover and apply to all cases wherein a change of established grades of streets, alleys, or public grounds may have been heretofore determined upon, but has not been carried into actual effect. ['96, p. 120.

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CHAPTER 13.

BOARD OF PUBLIC WORKS.

283. Appointment. Term. There shall be in each city of the first class a board of public works which shall consist of five members, residents and freeholders of the city, appointed by the mayor, with the consent of the council, for the term of two years. ['90, p. 62*.

284. Chairman. Oaths and bonds. The mayor shall designate one of the members of such board to be the chairman thereof. The salaries of the members of such board of public works shall be fixed by ordinance, and the salary of the chairman shall not exceed fifteen hundred dollars per annum, and the salary of each of the other members shall not exceed the sum of five hundred dollars per annum. Each member of said board shall, before entering upon the discharge of his duties, take an oath faithfully to discharge the duties of his office and enter into a bond to such city with two or more good and sufficient sureties, to be prescribed and approved by the council, the bond of the chairman to be in the sum of fifteen thousand dollars, each conditioned for the faithful performance of his duties as a member of such board of public works. ['90, pp.

62-3*.

285. Chairman. No member to be interested in contracts. The chairman of such board shall devote all necessary time to the performance of his official duty, and no member of such board shall ever be directly or indirectly interested in any contract entered into by them on behalf of such city, nor shall he be interested either directly or indirectly in the purchase of any material to be used or applied in or about the use or purposes contemplated by this chapter. ['90. p. 63.

286. Duties of board. It shall be the duty of such board of public works, and it shall have power, to make contracts on behalf of the city for the performance of all such work and the erection of all such improvements as may be ordered by the council, but all such contracts shall be subject to the approval or rejection of the council; to superintend the performance of all such work and the erection of such improvements, except the supervision of the construction of city halls, market houses, jails, or other public buildings. It shall also be the duty of

said board to approve the estimates of the city engineer which may be made from time to time, of the value of work as the same may progress; to accept any work done or improvement made, when the same shall be fully completed according to contract, subject, however, to the approval of the council; and to perform such other duties as may be devolved upon them by ordinance. ['90, p. 63*.

CHAPTER 14.

EXTENSION OF CORPORATE LIMITS.

287. Petition. Proceedings. Whenever a majority of the owners of real property of any territory lying contiguous to the corporate limits of any city shall desire to annex such territory to any city, they shall cause an accurate plat or map of the said territory to be made under the supervision of the city engineer or of a competent surveyor, and a copy of said plat or map, certified by said engineer or surveyor, as the case may be, shall be filed in the office of the recorder of the city, together with a petition in writing, signed by a majority of the real property owners of the territory described in said plat; and the city council, at the next regular meeting thereof, shall vote upon the question of such annexation. If two-thirds of all the members of the council vote for such annexation. an ordinance shall be prepared and passed, declaring the annexation of said territory and the extension of the limits of said city accordingly. A copy of the map or plat hereinbefore referred to, duly certified and acknowledged as provided by law in such cases, shall at once be filed in the office of the recorder of the proper county, together with a certified copy of the ordinance declaring such annexation, and thereupon such annexation shall be deemed complete, and the said territory shall be deemed and held to be a part of said original city, and the inhabitants thereof shall hereafter enjoy the privileges and benefits of such annexation and be subject to the ordinances and regulations of said city. [C. L. $$ 1804*-5*; '92, pp. 73-4*. twenty miles away would be unreasonable. People v. Daniels, 6 U. 288; 22 P. 159.

Neb. (1895) 1448*.

A law extending the limits of a city so as to include ranches and unoccupied lands fifteen or

CHAPTER 15.

RESTRICTION OF CORPORATE LIMITS.

288. Petition. Proceedings. Whenever a majority of the real property owners of any territory within and lying upon the borders of any city, shall file with the clerk of the district court of the county in which such territory lies, a petition praying that such territory be disconnected therefrom, and such petition sets forth reasons why such territory should be so disconnected from such city. and is accompanied with a map or plat of the territory sought to be disconnected, and designates no more than five persons who are empowered to act for said petitioners in such proceedings, such court shall cause a notice of the filing of the same to be served upon said city, in the same manner as a summons in a civil action, and shall also cause notice to be published in some newspaper having a general circulation in such city, for a period of ten days. Issue shall be joined and the cause tried as provided for the trial of civil causes, as nearly as may be. The proper authorities of such city or any person interested in the subject

matter of said petition, may appear and contest the granting of the same.

$$ 1806-8*.

Iowa, McClain's An. C. (1888) 2 593. Neb. (1895) ? 1450*, 1452*.

[C. L.

289. Adjustment of terms. If the court finds that the petition was signed by a majority of the real property owners of the territory concerned, and that the allegations of the petition are true, and that justice and equity require that such territory or any part thereof should be disconnected from such city, it shall appoint three disinterested persons as commissioners to adjust the terms upon which such part shall be so severed as to any liabilities of such city that have accrued during the connection of such part with the corporation, and as to the mutual property rights of the city and the territory to be detached.

Iowa, McClain's An. C. (1888) ? 596*.

290. Report of commissioners. Decree. The commissioners shall, at a time by them fixed, hear the agents named in the petition, and also the proper authorities of the city in regard to the subject matter so submitted, and, as soon as practicable, report their findings in the premises to the court. Upon the filing of which report, the court shall decree in accordance therewith, and with the prayer of the petition, unless for good cause shown the court shall modify the same, or shall reject or set aside the report and appoint new commissioners, and continue the cause for further action to be had thereon.

Iowa, McClain's An. C. (1888) 597*.

291. Court may levy taxes. The court shall have power to order such taxes levied from time to time on the property included within the detached territory, as may be requisite for the purpose of paying its just proportion of the municipal obligations; the board of county commissioners shall levy such taxes under the direction of the court, and the same shall be collected by the county treasurer as other taxes.

Iowa, McClain's An. C. (1888) 22 602, 606*.

292. Recording decree. Costs. Upon the entering of a decree detaching said territory, or any part thereof, the clerk shall file a certified copy of the same and of the plat, in the office of the recorder of the county and in the office of the secretary of state; and when so filed, the severance shall be complete. Each party shall pay its own witnesses, and the petitioners shall pay all other costs. Iowa, McClain's An. C. (1888) 22 598-9*.

CHAPTER 16.

DISINCORPORATION.

293. Petition. Notice of election. Whenever one-fourth of the legal voters of any city shall petition the district court of the county wherein such corporation is situated for the discontinuance of the said city, it shall cause to be published for at least thirty days, a notice stating that the question of discontinuing such corporation will be submitted to the legal voters of the same at the next municipal election, and the form of the ballot shall be "for disincorporation," and against disincorporation." Not more than one such election shall

be held in two years. [C. L. §§ 1809–12*.

Iowa, McClain's An. C. (1888) ?? 600–1, 603*.

294. Canvass. Judgment. Notice to file claims. The vote shall be taken and canvassed in the same manner as in other municipal elections, and return thereof made to the district court. If it finds that a majority of the legal votes cast for and against such proposition were cast "for disincorporation, then a judgment shall be entered discontinuing the same, and upon the entry of

said judgment its corporate powers shall cease, and the court shall cause notice to be given in a manner to be prescribed by it, requiring all claims against the corporation to be filed in said court within a time fixed in the notice, not exceeding six months, and all claims not so filed shall be forever barred. At the expiration of the time so fixed, the court shall adjudicate said claims which shall be treated as denied, and any citizen of such city at the time the vote was taken may appear and defend against any claim so filed, or the court may in its discretion appoint some person for this purpose.

Iowa, McClain's An. C. (1888) ?? 602-3*.

295. Powers of court. The court shall have power to wind up the affairs of the corporation, to dispose of its property, and to make provision for the payment of all indebtedness thereof, and for the performance of its contracts and obligations, and shall order such taxes levied from time to time as may be requisite therefor, which the board of county commissioners shall levy against the property within the corporation. Said taxes shall be collected by the county or city treasurer like other taxes and paid out under the orders of the court, and any surplus shall be paid into the school fund for the district where the same is levied; and all property remaining after the winding up of the corporate affairs of such corporation, both real and personal, shall revert to such school district. which is empowered to enforce all claims for the same and to have the use of all property so vesting.

Iowa, McClain's An. C. (1888) ?? 602, 606*.

296. Report of records. The books, documents, records, papers, and corporate seal of any city so discontinued shall be deposited with the county clerk of the county in which the council last held its sessions, for safe keeping and reference in future. All court records of any officer shall be deposited with the nearest justice of the county, who shall have authority to execute and complete all unfinished business standing on the same.

Iowa, McClain's An. C. 604*.

297. Notice of disincorporation. Expenses. When the incorporation of any city shall have been discontinued, the clerk of the court shall cause a notice thereof to be published for four consecutive weeks in a newspaper published in said county, but if none is published therein he shall give such notice as the court may prescribe, and shall also certify the fact to the secretary of state and to the recorder of the county.

Iowa, McClain's An. C. ? 605*.

298. Expenses. All expenses of the election and of winding up the affairs of the corporation shall be paid by it.

Iowa, McClain's An. C. 603*.

CHAPTER 17.

TOWNS.

299. Incorporation. Suits. A majority of the electors of any town having a population of not less than three hundred desiring to incorporate, may, on petition for that purpose to the board of county commissioners of the county in which said town is situated, (said petition to set forth the section, township. entry, and boundary lines proposed, and to be approved by said board, and a copy thereof filed in the office of the county recorder,) and on compliance with the provisions of this title, be constituted a body corporate and politic under the name and style proposed. Such town may have and use a common seal, which it may change at pleasure, and may sue and be sued in its corporate name. [C. L. SS 1819*, 1824, sub. 14*.

300. Board of trustees. President. There shall be a board of trustees in said town to be appointed by the board of county commissioners, to consist of a president and four trustees, who shall have the qualifications of electors of said town, and who shall hold their office until the next municipal election and until their successors are elected and qualified; thereafter the said president and trustees of said town shall be chosen by the qualified voters thereof, and shall hold their office for two years, and until their successors shall be elected and qualified. A majority of the board of trustees shall form a quorum to do business at all special or general meetings, due notice of which shall have been given, and the president shall preside at all meetings when present, and have the casting vote. When the president is absent, one of the trustees may be appointed by the board to act in his place during his absence; and any vacancy in any of the offices of such corporation, occasioned by death, resignation, removal, or otherwise, may be filled for the unexpired term of such office by a majority vote of the whole board. [C. L. § 1820*.

301. Oaths. The president and trustees in each town, before entering upon the duties of their offices, shall take and subscribe the constitutional oath of office. [C. L. § 1821*.

302. Powers. The board of trustees in each town shall have the following powers, towit:

1. Acquire and hold property. To purchase, hold, or convey all necessary estate, real or personal, for the use and benefit of the corporation. [C. L. § 1824, sub. 1.

Health regulations. To make regulations to secure the general health of the town. To prevent the introduction of contagious, infectious, or malignant diseases therein, and to make quarantine laws and enforce the same within the corporate limits and within one mile thereof. To prevent, abate, and remove nuisances, and to adopt such other measures for the preservation of the public health as it may deem proper. ['90, p. 79.

3.

Cemeteries. To purchase, hold, own, and lay out graveyards or cemeteries, and regulate the burial of the dead. [C. L. § 1824, sub. 3.

4. Estrays. To regulate or prohibit the running at large of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry, within the limits of the town; to establish a pound and appoint a poundkeeper and prescribe his duties, and to distrain and impound animals running at large, and to provide for the sale of the same in the same manner as provided for sale of estrays by the laws of the state; the proceeds arising from the sale of such animals, after the payment of all costs, shall go to the town treasury. ['94, p. 60.

Rights of towns reserved in estray law, ? 35.

5. Trees, etc. To provide for the protection of shade trees, monuments, and other public property in such town. [C. L. § 1824, sub. 5.

6. Liquor traffic. Licenses. To license, tax, and regulate the manufacturing, vending, or giving away of any spirituous, vinous, fermented, or intoxicating liquors or beverages, and the use of billiard, bagatelle, pigeon hole, and any other tables or implements kept or used for a similar purpose, and to license and regulate hotel and tavern keepers, eating houses, restaurants, merchants, grocers, peddlers, butchers, slaughterers, druggists, apothecaries, surgeons, physicians, dentists, and photographers. ['90, p. 80.

Powers concerning licenses, etc., ?? 1242-1260.

7. License amusements. To license and regulate all exhibitions of showmen, concerts, theatricals, circuses, traveling shows, public dances, and amusements, and to suppress any of the foregoing which are indecent. ['90, p. 80.

8. Vagrants and prostitutes. To restrain and punish vagrants, prostitutes, and libertines. [C. L. § 1824, sub. 8.

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