Farraher v. City of Keokuk

• Decision Date: 10 May 1900
• Citation: 82 N.W. 773,111 Iowa 310
• Parties: MURTY FARRAHER v. THE CITY OF KEOKUK, Appellant
• Court: Iowa Supreme Court

82 N.W. 773

111 Iowa 310

MURTY FARRAHER v. THE CITY OF KEOKUK, Appellant

Supreme Court of Iowa, Des Moines

May 10, 1900

Appeal from Keokuk Superior Court.--HON. RICE H. BELL, Judge.

PLAINTIFF the owner of a certain lot in the defendant city, brings this action to enjoin the sale of said lot for non-payment of a special tax levied against it by the defendant, on the ground that said tax is illegal and void. Defendant answered, in effect denying that the tax is illegal or void, and on hearing had a permanent injunction was granted as prayed. Defendant appeals.

Affirmed.

Hazen I. Sawyer for appellant.

Ballinger & Wilson for appellee.

OPINION

GIVFN, J.

I.

The city of Keokuk existed under special charter, but the sections of the Code to which we will refer are made applicable thereto by section 958. Section 779 confers "power to provide for the construction, reconstruction and repair of permanent sidewalks and to assess the cost thereof on the lots or parcels of land in front of which the same shall be constructed." It is further provided in said section: "But unless the owners of a majority of the linear feet of the property fronting on the improvements referred to in this section petition the council therefor the same shall not be made unless three-fourths of all the members of the council shall by vote order the making thereof." Section 780 is as follows: "Cities and towns shall have power to repair sidewalks without notice to the property owners, and assess the expense thereof on the property in front of which such repairs are made, and the same shall be certified and collected as other taxes." Section 441: The Revised Ordinances of the city provides as follows: "There is hereby created and established the office of sidewalk commissioner. The duties of said office shall be performed by the city engineer." Section 442: "It shall be the duty of the city engineer acting as said commissioner, to perform all the duties devolved upon him by the chapters relating to sidewalks and have all labor upon the sidewalks ordered by the city council performed in accordance with the chapter relating thereto make all ordinary repairs on sidewalks as the city ordinances provide, and see that the same are kept in good safe condition for the public travel, subject to instructions and directions of the sidewalk committee; to oversee the construction and maintenance of all sidewalks now in, or that may be ordered by the city council. And whenever it is necessary to rebuild or construct any sidewalk he shall report the same to the sidewalk committee, who shall, if in their judgment such improvement is necessary, prepare and offer a resolution to the city council ordering such improvement as provided for by ordinance. He shall report all violations of ordinances relating to sidewalks to the sidewalk committee, and be authorized and empowered under the instructions of the sidewalk committee to employ competent men and procure necessary material to make any repairs or construct any walk that may have been ordered as herein provided." On December 11, 1896, and again on April 14, 1897, the city engineer caused notice to be served on the plaintiff as follows: "You are hereby ordered to repair brick walk in front of the above-described property on Fifth street by general repairs and placing in good condition, and drain water from ice-house so it will not...