28.02.2013 Views

COMPILED CODE - Iowa Legislature - State of Iowa

COMPILED CODE - Iowa Legislature - State of Iowa

COMPILED CODE - Iowa Legislature - State of Iowa

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

266<br />

§§ 3878-3887-al. STREET IMPROVEMENTS AND SEWERS. Tit. XIII, Ch. 23.<br />

11 lished grade; provided that only so much <strong>of</strong> the cost <strong>of</strong> the removal<br />

12 <strong>of</strong> the earth and other material as lies between the subgrade and the<br />

13 established grade shall be assessed to abutting property. And upon<br />

14 the repaving <strong>of</strong> streets, avenues or alleys they shall have power to use<br />

15 the old material in whole or in part for such reconstruction and dis-<br />

16 pose <strong>of</strong> the waste material and salvage from the old pavement under<br />

17 such rules and regulations as the council by resolution may direct, the<br />

18 salvage so used in reconstruction or the proceeds derived from the sale<br />

19 <strong>of</strong> such waste material and salvage to be equitably applied upon the<br />

20 cost <strong>of</strong> the new improvement ; provided, however, no salvage may be<br />

21 sold hereunder until the owner, or his agent, <strong>of</strong> abutting property<br />

22 shall have been given ten days' notice in writing requiring him to<br />

23 elect whether he himself desires such salvage, which notice shall be<br />

24 personally served on the owner or his agent, or, if neither be found,<br />

25 by posting in a conspicuous place on the abutting property. The elec-<br />

26 tion, if made, shall be in writing and filed with the city clerk. Any<br />

27 owner electing to take his salvage shall not be entitled to a pro rata dis-<br />

28 tribution derived from the proceeds <strong>of</strong> sale <strong>of</strong> any salvage hereunder.<br />

[R., '60, § 1097; C, '73, §§ 466, 527; C, '97, § 792; S., '13,<br />

§ 792 ; 38 G. A., ch. 25, § 1 ; 39 G. A., ch. 284, § 1.]<br />

SEC. 3878. Contractor's bond to repair.<br />

1 Every contract for the making or reconstruction <strong>of</strong> any street or<br />

2 sewer improvement, except a street improvement by graveling, shall<br />

3 contain a provision obligating the contractor and his bondsmen to<br />

4 keep such improvement in good repair for the period herein provided.<br />

5 In the case <strong>of</strong> a street improvement such obligation shall be for a<br />

6 period <strong>of</strong> not less than four years after the acceptance <strong>of</strong> the improve-<br />

7 ment by the city and in the case <strong>of</strong> a sewer improvement such obli-<br />

8 gation shall be for a period <strong>of</strong> not less than two years from such ac-<br />

9 ceptance. The bond <strong>of</strong> the contractor in such cases shall be so con-<br />

10 ditioned as to conform to the terms <strong>of</strong> the contract for the making or<br />

11 reconstruction <strong>of</strong> the improvement as herein specified.<br />

[C, '97, § 814; S., '13, § 814 ; 38 G. A., ch. 234, § 1 ; 39 G. A.,<br />

ch. 2, § 1 ; 39 G. A., ch. 210, § 1.]<br />

SEC 8887-al. Notice to common carrier.<br />

1 When any common carrier or railway, not including street rail-<br />

2 ways, owning any land or property affected by any proposed assess-<br />

3 ment for public improvement in any city, town or county, shall have<br />

4 filed in the <strong>of</strong>fice <strong>of</strong> the clerk <strong>of</strong> said city or town, or with the auditor<br />

5 <strong>of</strong> said county, as the case may be, wherein such improvement is pro-<br />

6 posed, an instrument in writing giving a complete description <strong>of</strong> such<br />

7 land and designating the name and post<strong>of</strong>fice address <strong>of</strong> its agent in<br />

8 said state upon whom service <strong>of</strong> notice may be made, the clerk <strong>of</strong> said<br />

9 city or town, or the county auditor <strong>of</strong> said county, shall, not less than<br />

10 ten days prior to the date set for the levying <strong>of</strong> assessments covering<br />

11 such improvement, mail a notice there<strong>of</strong> in a registered letter ad-<br />

12 dressed to such person or agent so designated. Failure to give such<br />

13 notice shall not delay or invalidate the proceedings or assessment.<br />

[39 G. A., ch. 196, § 1.]

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!