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HomeMy WebLinkAbout4287-03.28.1919 1 p.E Li .1 soLuTioN NO. / , Be It Fesolved by the City Cbuncil of the City oi We.terlco,Iowa: That whereas the City Council of the City of Tsterloo,Iowa, did on the IOth. ,day of March,I9I3,pass a certain Resolution No.324I levying an assessment upon the abutting property for the construction of a 24 inch sewer on Jefferson street from the cen- ter line of West Eleventh street to Test Thirteentn streets in said city,and whereas said property owners abutting on said sewer were assessed at the rate of $1.50 per front foot for the costs of construction thereof and whereas said property owners thereof appealed from ssid assessnent to the ristrict Court of BlackHewk County,Iowaland from which decision in said distriQt court the said city appealed said cause to the Supreme Court of Iowa,which said Stpreme Court reversed said decision of the District Court and remanded said cause for further trial in the said District Ccuxt and whereas said cause is now pending in the ristrict Court aforesaid,now therefore,- Be it resolved by said city council that the City Solicitor cf said city is hereby authorized and directed to settle said case entitledluTn re Jefferson Street Sewer"case and secure a dismissal of the same upon a stipulation cf settlement filed there- in and signed by all of the property owners abutting upon said above described sewer,in which stipulation the said property owners agree to pay upon said assessment certificates,being Certificates Nos,I657 to I678,both inclusive,their pro rata share of fifty(500 cents per front foot,and the said city to pay the balance of each and every assessment therefor including any interest,penalties and court costs thereto attachedlexcept that from and after the date of the filing of this said stipulation each of said property owners is to pay any interest or penalties upon their respective and pro- portinate shares of their said assessments)and in the case of said property owners which have already paid their respective assess- ments the city i to refund any and all sums over and above said stiptaated amount of fifty(500)cents per .front foot. Be it further resolved that the Mayor and City Clerk are here- by authorized and directed upon the filing of said stipulation of settlement in said cause to executelsi6n and deliver to the proper parties warrants drawn upon the proper fund or funds avail- able for said purpose and pay the city' s proportionate share of said above named assessments,interestopenalties and court costs. / Passed_ / /14,, u . 1919 . Rayor. Pttest _ sees r City Clerk. • •