! notes £ i , I . ^ LIST OP OFFICERS OF THE CITV. VII First Ward. S. C. BEVER. H. E. HIGLEY. ALDERMEN. Second Ward. R. P. KINGMAN. I. W. CARROLL Third Ward. J.C. ADAMS. GEO. DEWEY. 1862. MAYOR. T. Z. COOK* S,C. KOONTZ, Recorder. J. S. WATTLES. Treasurer. J. HOGENDOBLER, Marshal. First Ward. S. C. BEVER. H. E. HIGLEY. ALDERMEN. Second Ward. I. W. CARROL].. H. B. STIBBS. Third Ward. GEO. DEWeVt s. G. McClelland. 1863. MAYOR. MO WRY FARNUM. GEO. C. HAM AN, Recorder. BENJ. HARRISON, Treasurer. A. LAURANCE, Marshal. ALDERMEN. First Ward. -^ S.C. BEVER. ». DENLINGER. Second Ward. H. B. STIBBS. I. W. (’ARROLL. Third Ward. ^G. McClelland. ■ os. SLONAKER. 1864. MAYOR. MO WRY FARNUM. GEO. C. HAMAN, Recorder. BENJ.^HARRISON, Treasurer. A. LAURANCE, Marshal. ALDERMEN. ^ First Ward. Second Ward. Third Ward. - S. C. BEVER. D. DENLINGER. S. G. MCCLELLAND. E. H. STEDMAN. -lOS. HOLLAN. T. SLONAKER. *Rfesigned August 9th, 1862, and entered the 18th Regiment Iowa Volunteer Infantry, as Lieutenant Colonel, and was succeeded by Charles Weare. Changes that have occurred among the other officers of the City, by resignation or otherwise, are not shown. ! ! 79299 LIST OF OFFICERS OF THE CITY viii 1865. MAYOR. H. CHURCH. GEO. C. HAM AN, Recorder. BENJ. HARRISON, Treasurer. First Ward. T. M. PARSONS, Marshal. ALDERMEN. Second Ward. Third Ward. S. C. BEVER. D. DENLINGER. G. LIVENSBARGER. E. E. LEACH. C. WEARE. J. C. ADAMS. 1866. MAYOR. A. R. WEST. GEO. C. HAMAN, Recorder. BENJ. HARRISON, Treasurer. J. O. STEWART, Marshal. First Ward. ALDERMEN. Second Ward. Third Ward. J. J. SNOUFFER. H. B. STIBBS. J. C. ADAMS. J. WETZEL. N. S. MERSHON. J. A. HART. 1867. ^1^ MAYOR. A. R. WEST. D. A. BRADLEY, Recorder. BENJ. HARRISON, Treasurer, A. LAURANCE, Marshal. First Ward. • ALDERMEN. Second Ward. Third Ward. J. J. SNOUFFER. H. B. STIBBS. J. A. HART. J. WETZEL. E. ROBINS. L. WALLACE. 1868, .MAYOR. J. P. COULTER. D. A. BRADLEY, Recorder. BENJ. HARRISON, Treasurer A. LAURANCE, Marshal. LIST OF OFFICERS OF THE CITT. IX ALDERMEN. First Ward. Second Ward. Third Ward. J. WETZEL. E. ROBINS. Wm. STEWART. A. C. CHURCHILL. E. E. LEACH. JAS. ALBRIGHT. 1869. MAYOR. A. R. WEST. GEO. C. HAMAN. Recorder. BENJ. HARRISON, Treasurer. A. LAURANCE, Marshal. ALDERMEN. First Ward. Second Ward. Third Ward. A. C. CHURCHILL. E. E. LEACH. Wm. STEWART. E. S. HILL. D. DENLINGER. J. F. CHARLES. 1870. MAYOR. Wm. B, leach. W. B. STEWART, Recorder, BENJ. HARRISON, Treasurer. A. LAURANCE. Marshal. ALDERMEN. First Ward. Second Ward. Third Ward. E. S. HILL. E. E. LEACH. %Wm. STEWART. J. J. SNOUFFER, E. ROBINS. ELIHU BAKER. 1871. MAYOR. T. Z. COOK. H. J. HARVEY, Police Judge. J. C. S rODDARD, Recorder. BENJ. HARRISON, Treasurer. A. LAURANCE, Marshal. ALDERMEN. First Ward. Second Ward. J. J. SNOUFFER. E. E. LEACH. J. L. BEVER. I. H. SHAVER. Third Ward. Fourth Ward. Wm. STEWART. E. E. LEACH. C. C. COOK. JAMES BELL. X LIST OF OFFICERS OF THE CITY. 1872. MAYOR. E. 8. HILL. A. St. CLAIR SMITH, Police Judge. J. (L STODDARD, Recorder. BEN J. HARRISON, Treasurer. HIEL HALE, Marshal. First Ward. ALDERMEN Second Ward. J. L. BEVER. G. M. HOWLETT. I. H. SHAVER. C. H. CLARK. Third Ward. Fourth Ward. W. STEWART. C. C. COOK. 1873. GEO DALE. £. E. LEACH. MAYOR. J. F. CHARLES. A. St. CLAIR SMITH, Police Judge. J. C. STODDARD, Recorder. BENJ. HARRISON, Treasurer. HIEL HALE, Marshal. ALDERMEN. First Ward. J. L. BEVER. G. M, HOWLETT. Second Ward. C. II. CLARK. C. C. COOK. Third Waj HENRY F' t OR! SYTHE. W. S. BRADLEY. Fourth Ward. GEO. DALE. S. T. WEIR. RULES AND ORDER OF BUSINESS OF THE CITY COUNCIL OF THE y CITY OF CEDAR RAPIDS. Adopted by the City Council. MEETINGS OF THE CITY COUNCIL. Rule 1. Regular meetings of the City Council shall be held as provided by ordinance. Notices of special meetings shall be served by the Mar- shal on each Alderman personally, or by leaving the same at his usual place of abode or business. The Marshal shall have charge of the Council Room, and give his attendance on the meetings of the Council. ORDER OF BUSINESS. Rule 2. It shall be the duty of the Mayor to take the chair at the hour to which the Council shall have ad- iourned, and call the Council to order, when the Recorder shall proceed to call the roll of members, marking the ab- sentees, and announce whether a quorum be present. Up- ORDER OP BUSINESS on the appearance of a qiioram the Council shall then pro- ceed to the business before them, which shall be conducted in the following order : 1. The reading of the journal of the last meeting or meetings, amendments, and approval of the same. 2. The presentation of petitions and other communica- tions. 3. Reports of City Officers. 4. Reports of standing committees, and the disposition of the same. 5. Reports of special committees, and the disposition of the same. 6. Unfinished business. 7. Uew business, resolutions, motions, &c. Rule 3. All questions relating to the priority of busi- ness, shall be decided by the Chair without debate. DUTIES AND PRIVILEGES OF THE MAYOR. Rule 4. The Mayor shall preserve order and decorum, may speak to points of order in preference to other mem- bers, and shall decide questions of order, subject to an ap- peal to the Council by any one of its members. He shall have the casting vote on all questions on which the Coun- cil is equally divided. Rule 6. The Mayor shall state every question to the Council before putting it to vote. Rule 6. When any question or proposition is made the question ‘‘Will the Council now consider it ?” shall not be put, unless it is demanded by some member of the Coun- cil, or it is deemed necessary by the Mayor. Rule 7. The Mayor shall examine and correct the Journal before it is read. He shall have the right to name OF CITY COUNCIL. 3 any member to perform the duties of the chair, but such substitution shall not extend beyond an adjournment. Rule 8 . Every member, previous to his speaking, shall rise from his seat, and address himself to the Mayor, but shall not proceed with his remarks until recognized and named by the Chair. Rule 9. When two or more members rise at once, the Mayor shall name the member who is first to speak. Rule 10. In case of an 3 ^ disturbance or disorderly con- duct in the Council Chamber, while the Council is in ses- sion, the Mayor shall have power to order the same to be cleared. COMMITTEES OF THE COUNCIL. Rule 11. All committees shall be appointed by the Mayor, unless specially directed b}" the Council, in which case they shall be appointed by ballot. Rule 12. In all cases where others than members of the Council are eligible to office, they shall be elected by ballot, the person receiving the highest number of ballots shall be declared elected. STANDING COMMITTEES. Rule 13. At the first meeting of the Council in each year, there shall be appointed six standing committees, each to consist of not less than two members, viz : Com- mittee on Finance, Committee on Streets and Alleys, Com- mittee on Ordinance, Committee on Fire Department, Committee on Gas, and Committee on Parks. FINANCE COMMITTEE. Rule 14. It shall be the duty of the Committee on Fi- nance to audit all claims against the City, to ascertain as near as possible the financial condition of the City, and re- port at such times as the Council may determine. 4 ORDER OF BUSINESS COMMITTEE ON STREETS AND ALLEYS. Rule 15. It aliall be the duty of the Committee on Streets and Alleys to examine into the condition of the same, and Report to the Council, and also to assist the Mayor in enforcing such regulations and ordinances with reference to the same as the Council may enact. ORDINANCE COMMITTEE. Rule 16. It shall be the duty of the Committee on Or- dinance to report to the Council such Ordinances as in their judgment the general good of the City may require, and also to assist the Mayor in enforcing the same. COMMITTEE ON EIRE DEPARTMENT. Rule 17. It shall be the duty of the Committee on Fire Department to furnish all necessary supplies, to certify to all bills for same to the Council, to take cognizance of all matters pertaining to the Department, and to have charge of all improvements and repairs on the City buildings. COMMITTEE ON GAS. Rule 18. It shall be the duty of the Committee on Gas to examine all meters used by the City, to certify to all bills for gas or gas material, and have full charge of light- ing the Street Lamps. COMMITTEE ON PARKS. Rule 19. It shall be the duty of the Committee on Parks to have full charge of all public grounds not in- cluded in Streets and Alleys, and keep the same in propei’ order and condition. Rule 20. No bill against the City shall be entertained by this Council unless endorsed by the Committee of the OF CITY COUNCIL. 5 department to wliicli it belongs ; and all committees in pur- chasing supplies for their respective departments, shall re- quire a hill of items, with price of same at the time of pur- chase, and with the name of purchaser, and shall sign and present the same at the next regular meeting of the Council. ORDINANCES. Rule 21. All votes taken on the adoption of Ordinances shall be taken by yeas and nays ; each member upon his name being called shall declare openly and without debate his assent or dissent to the question, unless for special rea- sons he be excused by the Council. Rule 22. All Ordinances shall be read at least three times, but on motion, no member dissenting, any Ordinance may be read the second and third times by its title. Rule 23. All Ordinances shall be read twice on intro- duction, and then laid on the table until the next regular meeting of the Council, but no objection being made by any member of the Council, this rule may, on motion, be suspended, and the Ordinance passed at the same meeting of its introduction. PENALTY FOR ABSENCE. Rule 24. Any member of the Council (Recorder or Marshal) who shall absent himself from a regular adjourned meeting of the Council, unless excused by the same, shall forfeit the sum of fifty cents, to be paid into the City Treas- ury, for each and every meeting from which he is absent, the same to be collected as the Council shall determine. Rule. 25. All business of the Council not herein enu- merated shall be conducted upon the usual parliamentary rules and usages adopted by “ Cushing’s Manual.” Rule 26. N”o part of these Rules shall be repealed, amended or altered, unless notice to that effect shall be 6 OKDEK OF BUSINESS presented in writing to the Council, and the same shall lay over one meeting before action shall be had thereon, when, if two-thirds of the members present vote in favor of the same, it shall he adopted ; these Rules may be tempora- rily suspended by the unanimous consent of all the mem- bers present. CHARTER OF THE CITY OF CFDAR RAPIDS. Chapter XVI, Page 29, haws of 1856, (With the Amendment of Mareh 3, 1868.) AN ACT, amendatory of the Act Incorporating the town of Cedar Rapids. 1. Boundaries, corporate pow- ers, and in whom vested. 2. Ownership of the funds, property, and rights of the town of Cedar Rapids. 3. The city divided into three wards. 4. Declares who are citizens, and who are entitled to vote. 6 and 6. Provides for ballot-box, for judges and clerks of election, and mode of challenging. 7. Defines who are eligible to an elective office. 8. All ofiicers, except aldermen, to be elected for one year. 9. Manner and time of election. 10 and 11. Organization of City Council, its powers and duties. 12, 13 and 14. Aldermen, term of ofiice, removal from Wards. 15 to 18 inclusive . Duty and powers of the Mayor. 19. Duties of Marshal. 20. Bonds of ofiicers. 21. Call for elections, and re- turns thereof. 22. Officers to take an oath. 23. Members of Council ineli- gible to ofiice, and cannot be inter- ested in contracts for cit}'. 24 and 25. Publication of or- dinances. 26. Duty of Recorder. 27. City Council to adjust fees of ofiicers. 28. Meetings of Council lo be public. 29. The Council may appoint certain officers or provide for their election. 30. 31 and 32. Vacancy of offi- ces, and how filled. 33. Power of the Council to pass ordinances. 34. Proceedings for violafioti of ordinances. 35. Power to organize Fire Companies. 8 CITY CHARTER. 36. May regulate the sale of I gunpowder. 37 Power of City Council to ! issue licenses. 38. May provide for the health of the city. 39. May regulate hacks and drays, and prohibit animals from running at large. 40. Council to provide for keeji- ing the public money, and publish statement annually. 41. Power to establish grade of streets and alleys. 42. Imprisonment for violating I ordinances. 43. Council may levy tax on all property. 44. 45 and 46. Collector and liis duties. 47. Council to provide for as- sessing and taxing property, and sales for delinquent taxes. 48 and 49. Council may ©pen and extend streets, alleys and public grounds, and keep in re- pair. 50. Council have power to open and repair sewers and drains. 51. Control of streets and al- leys, paving same and tax therefor. 52. The city a special road dis- trict. 53. The Council may on peti- tion prohibit the erection of wooden buildings. 54. Council may borrow money, first submitting the question to a vote. 55. Compensation of Mayor and Aldermen. 56. May license pedlars and ferries within the city. 57. Adoption of this Charter by a vote of the electors. 58. Special election , if this Charter is adopted. 59. When to take effect. 60. Repeals conflicting acts. Section 1. Be it enacted by the General Assembly of the State of Iowa: That all that part of township eighty-three (88) north of range seven (7) west of the 5th principal me- ridian in Linn county, in the State of Iowa which is in- cluded in the limits of the present town of Cedar Rapids, shall be and is hereby declared to be a city, and the inhab- itants thereof are created a body corporate and politic, with perpetual succession l)y the name and style of the City of Cedar Rapids, and as such, shall by that name be capable in law of contracting, and being contracted with, Slicing and being sued ; also of purchasing, using and con- veying real and personal property, and may have and use a corporate seal, and change the same at pleasure, and shall have, exercise, and enjoy all the rights, privileges, powers and immunities appertaining to, and be subject to all the duties and obligations incumbent upon a municipal incor- poration. And for the better ordering and governing said city, the exercise of the corporate powers of the same here- CITY CHARTER. 9 in and hereby granted, sliall be vested in a Mayor and six Aldermen, to be denominated the City Conncil, together with such other officers as are herein mentioned and pro- vided for. Sec. 2. That the said City of Cedar Rapids shall be and is hereb}" invested as the lawful owner and proprietor with all the property, funds and revenue, and all moneys, debts, accounts and demands due and owing or in any wise be- longing to the town of Cedar Rapids, or which may have been acquired by or vested in the “Mayor and Council of the town of Cedar Rapids, and the same are hereby trans- ferred to the Corporation created by this act ; and all suits pending or judgments recovered by, in favor of, or against said town of Cedar Rapids, or Mayor or Council of the town of Cedar Rapids, together with all rights, interests, claims and demands in favor of or against the same, may be continued, prosecuted, defended and collected, as though this act had never been passed. Sec. 3. That said city be divided into three wards, as follows, to-wit ; all that part of said city west of Eagle street shall constitute the first ward. All that part lying between Eagle and Greene streets shall constitute the sec- ond ward, and all that part of said city lying east of Greene street shall constitute the third ward. Proviso^ That the City Council may change, unite or di- vide said wards, or any of them , and establish new wards whenever they shall think it necessary and proper, and that there shall be two additional Aldermen for every new ward the City Council may establish. Sec. 4. Every white male citizen of the United States of the age of twenty-one years, who shall have been a resi- dent of the city thirty days, next preceding a city election, and is a resident of the ward of which he offers his vote, is 10 CITY CHARTER. declared a citizen of the said city, and is entitled to vote at all the elections thereof. Sec. 5. The City Council shall provide a ballot box, to be used at city elections, which shall have as many sepa^ rate apartments as there are wards in the city, one apart- ment of which shall be appropriated exclusively for the votes of each ward, and the ballot of every voter shall be deposited in the one of the said apartments appropriated exclusively for the ward in which he resides. The City Council shall elect three of their number to be judges of each city election, who shall appoint clerks, and in other respects, except as herein otherwise provided, city elections shall be conducted in manner similar to that in which the elections are conducted in the townships, as the nature of the case permits. Sec. 6. A person offering to vote, may be challenged as at township elections, and an oath may be administered to him in like manner, naming the qualifications herein prescribed. Sec. 7. No person shall be eligible to any elective office mentioned in this act unless he be a legal voter of the city, and shall have been a resident thereof for one year pre- ceding his election. Sec. 8. That all elective officers, except Aldermen, shall be elected for one year from the time of their election, and until their successors are elected and qualified. Sec. 9. That the qualified electors of said city, shall, on the first Monday of March, A. D. 1857, elect a Mayor, and at the same time two Aldermen for each ward, a Marshal, one person to be Treasurer and Collector, and one person to be Recorder and Assessor ; the two Aldermen elected for each ward shall be residents thereof, and be elected by the legal voters thereof. City elections shall be held at the same time annually thereafter, for said officers, but after CITY CHARTER. 11 the first Monday of March 1857, but one Alderman for each ward shall be elected annually. Sec. 10. That the Mayor and Aldermen so elected, when assembled together and duly organized, shall consti- tute the City Council, a majority of the whole number of whom shall be necessary to constitute a quorum for the transaction of business; they shall be the judges of the election returns and qualifications of their own members. They shall determine the rule of their proceedings and keep a journal thereof, which shall be open to the inspec- tion of every citizen ; and may compel the attendance of absent members in such manner and under such penalties as they may think fit ; and may, by a vote of two-thirds of the whole number of said City Council, expel any member thereof, and they shall meet in some convenient place in said city, on the second Monday of March, and take the oath of ofiice before some officer qualified to administer the same, and proceed to elect from their own body a president thereof. Sec. 11. At the said first meeting of the City Council, or as soon thereafter as practicable, the City Council shall proceed to classify the Aldermen, in order that one-half of the Aldermen shall be elected each year, in the manner and at the time above provided. In classifying, they shall take the wards in numerical order, from Ho. 1 up ; the Aldermen of the first ward shall first classify in the follow- ing manner : the Recorder shall write on two slips of paper, on one the word one, and on the other the word two ; shall fold them and deposit them in a hat, box or other suitable place, and the Aldermen from said ward shall then draw ; the one drawing the paper with the word one, shall continue in office for one year from the time of his election, and until his successor is elected and qualified ; and the one drawing the paper with the word two, shall 12 CITY CHARTER. continue in office for two years from the time of his elec- tion, and until his successor is elected and qualified; and they shall proceed to classify until all the wards of said city shall be classified. Sec. 12. When new wards are organized in said city, and Aldermen elected, they shall classify in the same man- ner above described. Sec. 13. The Aldermen to be elected after the first Monday of March, A. D. 1857, shall be elected for two years from their election, and until their successors are elected and qualified. Sec. 14. A removal out of the ward by any Alderman, shall vacate the seat of said Alderman, which shall be filled as provided by this charter. Sec. 15. It shall be the duty of the Mayor to see that the laws and ordinances of the city are executed, and their violations punished, to superintend and regulate the official conduct of subordinate officers, to sign and seal all com- missions, licenses, and permits granted by the City Council, and to perform such duties and exercise such powers as pertain to the office of Mayor of a City, and such as may be granted and imposed by the ordinances of the city consist- ent with law. Sec. 16. The Mayor shall be conservator of the peace within the city — and ex officio a Justice of the Peace, and is invested with jurisdiction of violations of city ordinances, and with criminal jurisdiction of offences against the laws of the State, committed within the city, and with civil jurisdiction limited to the city, in the same manner as that Justices of the Peace are limited in their townships. He shall not be disqualified from acting in such judicial capac- ity by any proceedings being in name, or in behalf of the city. Sec. 17. Appeals to the District Court in the same county, shall he allowed from the judgment and decisions of the Mayor in the same cases, times and manner as may at any time be allowed by law, from those of other Justices, and shall be tried as in other cases ; he will be entitled to demand and receive the same fees as are at the time allowed by law to Justices of the Peace^ Sec. 18. The Mayor shall be the presiding officer of the City Council when present, and shall give the casting vote when there is a tie. _ - ^ Sec. 19. The Marshal shall be a conservator of the peace, and is the executive officer of the Mayor’s Court, and shall execute and return all process directed to him by the Mayor, and shall execute and return all process direct- ed to him by any Justice of the Peace, resident of said city, in cases for the violation of city ordinances, and of the criminal laws of the State occurring within the city, and may execute them in any part of the county ; and he shall have the same authority within the city to quell riots, and disturbances, to prevent crimes, and arrest offenders, that the Sheriff has within his county, and may in the same cases, and under the same penalties, require the aid of the citizens and perform all duties imposed by the Council; he may, w ^, the, apq)r oval of _the^ Council, appoint one. or more deputies, and discharge them^and he shall be responsible foFTKeir doings when acting o^ciallyl ' For the service of legal process he shall be entitled to the same fees as Constable, and for services required by the Council, such compensation as it may allow. He shall also, by virtue of his office, be Constable of Rapids Township, in said county, and, in addition to his bond as Marshal, give bond and qualify as Constables are, or may be required to do by the laws of the State. Sec. 20. The Treasurer and Collector, Recorder and Assessor, and Marshal shall give such bond, perform such 14 CITY CHARTER. duties and exercise such powers as may be required of them by ordinance not inconsistent with law. Sec. 21. In all elections for city officers, the Mayor shall issue a proclamation to the voters of the city, naming the time and place for such election, and the officers to he chosen, and cause a copy to be posted up in each ward, at least ten days previous to the day of election ; the polls shall be open between the hours of eight and ten o’clock in the forenoon, and continue open until four o’clock in the afternoon. Within two days after the election, the judges of the election shall make their returns to the President of the City Council, who shall examine them at their next meeting, and cause an abstract of the vote to be recorded in a book to be kept for that purpose. Sec. 22. The Mayor, Aldermen, Marshal, Treasurer, Collector, Recorder and Assessor shall take an oath to support the Constitution of the IJnited States and of the State of Iowa, and faithfully and impartially to perform their duties to the best of their knowledge and ability ; other officers shall qualify in such manner as may be required by the Council ; the oath of office may be admin- istered by the Mayor or Recorder when he is qualified, and in the transaction of the business of the corporation these officers, and the President pro tempore, may administer oaths, which shall have the same effect as if administered by the officers authorized thereto. Sec. 23. Ho member of the City Council shall be eligi- ble to any office within the gift of the Council, during the term for which he is elected ; nor shall he be interested, directly or indirectly, in the profits of any contract or job of work, or service to be performed for the city. Sec. 24. Ordinances passed by the City Council shall be signed by the Mayor and attested by the Recorder, and before they take effect be published in a newspaper CITY CHARTER. 15 printed in the city, at least ten days, or posted in two public places in each ward, for the same length of time ; they shall also be recorded in a book kept for that purpose, and signed by the Mayor and attested by the Kecorder. The Recorder shall also certify in said Record Book to the publication or posting of ordinances recorded therein, when the same shall have been published or posted. Sec. 25. The production of a printed copy of any ordi- nance of said city in newspaper, book or pamphlet form in any suit to which the city is a party, shall be prima facie evidence that said ordinance has been legally passed and published. Sec. 26. It is the duty of the Recorder to keep a true record of all the official proceedings of the City Council, and such record shall at all times be open to the inspection of any citizen; and it shall be the duty of the Assessor to make just and true assessment of the taxable property in said city. Sec. 27. The Recorder and Assessor, Treasurer and Collector, and Marshal shall receive such fees as the City Council shall deem right, not exceeding the amount allowed township or county officers for similar services. Sec 28. The Council may hold its meetings as it sees fit ; having fixed, stated times, or provide the manner of calling them by ordinance, and its meetings shall be public. Sec. 29. The Council may appoint in such manner as it determines, and during its pleasure. Street Commissioners, a Clerk of the Market, City Supervisors, Health Officers, and such other officers as it may deem advisable ; and may prescribe their duties, powers and qualifications, and may provide for the election, of any such officers by the people. 16 CITY CHARTER. Sec. 30. In case of the temporary absence of the Mayor, or his inability to act, the President pro tempore shall exer- cise all the powers and perform all the duties appertainin'^ to his office. Sec. 31. The office of any city officer shall be vacated by his removal from the city. Sec. 32. When a vacancy occurs, in any of the elective offices, the Council may fill the vacancy by appointment of record until the next election, and the qualification of the successor. Sec. 33. The City Council is invested with authority to make ordinances : 1st. To secure the inhabitants against fire. 2d. To punish violations of the law and the public peace. 3d. To punish and suppress riots, unusual noise, disturbance and disorderly assemblage. 4th. To punish, restrain and prohibit all descriptions of gaming and fraudulent devices, and all playing of dice, cards and other games of chance, with or without betting. 5th. To suppress and punish drunkenness. 6th. To punish indecent and disorderly conduct. 7th. To punish loud behaviour in public places. 8th. To prevent and punish forestalling and regrating, and to punish, prevent and restrain every kind of fraud- ulent device and practice. 9th. To punish the keeping of disorderly houses, and to suppress and restrain the same. 10th. To authorize the destruction and demolition of all instruments and devices used for the purpose of gambling. 11th. To compel the owner or occupant of any store. CITY CHARTER. 17 grocery, tallow chandler shop, soap factory, tannery, stable, barn, privy or sewer, or other unwholesome nause* ous house, building or place, to clean, remove or abate the same, from time to time, as often as may be necessary for the health, comfort and convenience of the inhabitants of said city. 12th. To direct the location, management and construc- tion of, and regulate, restrain, abate and prohibit within the city, slaughtering establishments, establishments for steaming or rendering lard, tallow, offal, and such other substances as can or may be rendered, and all establish- ments or places where any n^sepus, offensive or unwhole- some business may be carried on. 13th. To prevent and punish ^horse racing, immoderate riding or driving in the streets, and to authorize persons immoderately riding or driving as aforesaid, to be stopped by any person, and to punish and prohibit the abuse of animals. 14th. To compel persons to fasten their horses, oxen or other animals attached to vehicles or otherwise, while standing or remaining in the street, and to punish any person who neglects or refuses so to do. 15th. To prevent and punish the encumbrancing of the^ streets, sidewalks, alleys, public squares and grounds with carriages, carts, sleighs, sleds, wheelbarrows, boxes, y lumber, timber, firewood, posts, awnings, signs, or any other substance or material whatever. 16th. To restrain and punish vagrants, mendicants, street beggars and prostitutes. 17th. To prevent and regulate the running at large of dogs — to tax and authorize the destruction of the same when at large contrary to any ordinance of the city. 18th. To prevent, punish and regulate the rolling of hoops, playing of ball, fiying of kites, or any other amuse- 18 CITY CHAETER. inent or practice having a tendency to annoy persons pass- ing in the streets or on the sidewalks, or to frighten teams, horses, or other animals. 19th. To compel all persons to keep the snow, ice and dirt from the sidewalks in front of the premises owned or occupied by them. 20th. To prevent the ringing of bells, blowing of horns and bugles, crying of goods, and all other noises, perform- ances and devices tending to the collection of persons on the streets or sidewalks, by auctioneers or others, for the purpose of business, amusement, or otherwise. 21st. To abate and remove nuisances, and punish the authors thereof by tine, penalties and imprisonment, and to define and declare what shall be deemed nuisances, and authorize and direct the summary abatement thereof. 22d. To make, publish, ordain, amend and repeal all such ordinances, by-laws and police regulations, not contrary to the Constitution and Laws of the State of Iowa, for the good government and order of the city and the trade and commerce thereof, as may be necessary or expedient to carry into effect the powers and authority invested in the City Council, or any officer of said city, and to enforce the observance of all rules, ordinances, and other regulations, by penalties not exceeding one hundred dollars for any offense against the same, said penalties may be recovered in a civil action in the name of the city, before the Mayor, or a Justice of the Peace residing in said city, and the laws of the State relating to carrying into effect a judgment of a Justice of the Peace imposing a fine, shall be applied to judgments in the above cases, but the charges of imprisonment must be borne by the city. Sec. 34 Proceedings for the violation of city ordinan- ces may also be by information before the Mayor, or a Justice of the Peace residing in said city, process run- CITY CHARTER. 19 ning ill the name of the State, and the defendant may be informed of, arrested and tried as in criminal proceed- ings before a Justice of the Peace; and if convicted shall be lined in an amount, not exceeding the penalty mentioned in the ordinance violated, and also be adjudged to pay the costs of prosecution ; and the laws of the State relating to carrying into effect a judgment of a Justice of the Peace imposing a ffne, shall be applied to judgments in the above cases, but the charges of imprisonment must be borne by the city. All fines collected under this section shall be paid into the City Treasury. Sec. 35. The Council is authorized to establish and organize Fire Companies, and provide them with fire engines, hose and other apparatus.] Sec. 36. The Council may regulate the keeping and sale of gunpowder within the city. Sec. 37. The Council shall have exclusive authority to provide for the license and prohibition of all exhibitions, shows and theatrical performances, billiard tables, ball alleys, or other bowling saloons, ten pin or other alleys and places where games of skill or chance are played, but the above authority extends to no exhibition of a purely liter- ary or scientific character. When the Idws of the State permit or require license for the sale of intoxicating liquors, that matter shall be within the exclusive authority of said Council, and it may at all times prohibit the retail of such liquors within the city limits, unless such prohibition would be inconsistent with the laws of the State, and no license shall be granted for less than one hundred dollars each for that purpose. Sec. 38. The Council may make all necessary ordi- nances in relation to the cleanliness and health of the city, and may require the owners of lots on which water becomes stagnant, to drain and fill up the same, and in default 20 CITY CHARTER. tliereof after ten (lays notice, may cause the same to be done at the expense of the city, and assess the costs thereof on the specific lots, and cause them to be sold by the City Collector, as in case of taxes, and the owner may redeem from such sale as in case of sale for taxes. Sec. 39. Said Council may regulate the system of cart- age, drayage, hacks and omnibuses within the city, and prohibit hogs and other animals from running at large within the limits of said city. Sec. 40. The Council shall provide by ordinance for the keeping of public money of the city^ and the manner of distributing the same, and shall cause all claims against the city to be audited, and all city ofiacers are accountable to said City Council in such manner as it directs ; said Coun- cil shall publish annually a particular statement of receipts and expenditures of the city, and of all debts owing to and by the same. Sec. 41. Said Council shall have exclusive authority to establish the grades of streets and alleys in the city, and may change the same upon the petition of owners of two- thirds in value of the real property on both sides of the streets or alleys, the grade of which it is desired to change ; to control, regulate and clear the streets and I alleys, side and cross-walks, and to protect the same from . any encroachment or injury. CLlo tL It /♦ X// ^ Sec. 42. Imprisonments for the violation of any ordi- nance shall not exceed thirty days, and the county jail shall be the place of imprisonment, but at the expense of the city. Sec. 43. The City Council is authorized to levy and collect taxes, not exceeding one per cent, during any one year, on all property within the city, which is liable for State and County taxes, including improvements on such CITY CHARTER. 21 property, and it may exempt such improvements, but when such exemption is made, the rate of tax on personal prop- erty shall not exceed that above named, and the rate on realty, aside from improvements, shall not exceed three per cent, on the valuation ; said Council may also tax and prohibit dogs from running at large in the city. Sec. 44. The Collector, or in case of his absence or disability, such person as the Council may appoint in his stead, shall be the collector of taxes, and before proceed- ing to collect the same shall give thirty days notice of the assessment and levy of the tax, and the rate thereof in general terms, without the name or description of the prop- erty, in a newspaper in the city. Sec. 45. During the thirty days, any person aggrieved by the assessment or taxation, may appear before the Coun- cil, which may correct the same if erroneous. Sec. 46. The Collector may distrain upon personal prop- erty liable to taxation and sell the same for payment of taxes, as Constables may sell personal property on execu- tion. Sec. 47. That the City Council be and is hereby authorized and empowered to provide by ordinance as they may deem necessary for the assessing, taxing, levying, distraining, advertising, selling, giving certificates and deeds or bills of sale, and for redemption upon the sale for taxes of real or personal property subject to taxation by law, and to add penalties, interest and costs in like manner, form and conditions as near as may be practicable, according to the Laws of the State of Iowa in regard to revenue. Provided^ that until such ordinances are passed and take eflect, the present ordinances now in force, in regard to taxes, shall continue so to be until such other time as ordi- 22 CITY CHARTER. nances passed under this amendment shall become in force and effect. Sec. 48. The City Council shall have power to lay off, open, or to extend and establish streets, alleys, public grounds and squares, provided that whenever it shall be deemed necessary to enter upon and take private property for any such purpose, the same shall be done in pursuance of and in accordance with Sections No. 1065, 1066 and 1067 of the Revision of 1860 of the Laws of Iowa. Sec. 49. The City Council are authorized and empow- ered to improve, keep in order and repair streets, alleys, public squares and grounds. Sec. 50. The City Council shall have power to open or to extend and establish, keep in order and repair sewers and drains in said city. Sec. 51. The Council have the control of the streets, and alleys and public grounds of the city of Cedar Rapids, and may cause sidewalks to be paved in the same, and to this end it may require the owners of lots to pave and repair the same contiguous to their respective lots, and in case of neglect after reasonable time named in the order, the same may be done by the city and the expense of the same assessed on the said contiguous lots, which shall have the effect of a tax lien thereon, and the same maybe soldthere- for as for a tax, subject to the same right of redemption. All road tax which may hereafter be paid upon any prop- erty in Cedar Rapids, in lieu of labor, shall be paid to the proper authority of said city, for the improvement of the streets thereof ; any person being a resident of said city subject by the laws of this State to do work upon roads and highways, shall be required to do and perform, or cause the same to be done, under the direction of the proper authorities of said city upon the streets of said city, or CITY CHAIITKR. 23 public roads, and liigliways, leading thereto, as said author- ities may direct. Sec. 52. The said city of Cedar Rapids shall constitute a special road district, and the City Council shall have power, in addition to the taxes otherwise authorized, to levy road taxes not exceeding the amount allowed by law to be levied by the County Court, for like purposes, and they may provide for the payment and collection of the same in the same manner as that provided for in the collection of coun- ty road taxes, or in the manner other city taxes are collected. They may also direct in what manner such taxes shall be expended on the streets and alleys of said city, and all persons and property rightfully taxed within said city in accordance with this section, shall thereby be exempt from all taxes to that extent for roads to the county. Sec. 53. Upon the petition of the resident or occupying owners of two-thirds of the improvements, or any block of lots, the Council may prohibit the further erection of wooden buildings thereon. Sec. 54. The said City Council is hereby authorized to borrow money for an}" object or purpose in their discretion, and to pledge the faith of the city for the payment thereof. Provided the question of borrowing is tirst submitted to the legal and qualified voters of the city, a notice of the length of time, as in city elections, being first given, stating the manner and object of the loan, and if a majority decide in favor of said loan, then the said Council shall by ordinance establish a sinking fund to provide the means to pay any indebtedness created by virtue of the authority granted in this section. Sec. 55. That each member of the City Council shall receive a compensation as such, to be paid by an ordinance and paid from the City Treasury ; Provided^ That said 24 CITY CHARTER. compensation shall not exceed fifty dollars per annum for the Mayor, and thirty dollars per annum for Aldermen. Sec. 56. That the City Council have power to license and regulate auctioneers and hawkers and pedlars within the limits of said city, and also to regulate ferries and collect a reasonable compensation from ferry companies or owners, for the use of any of the streets of said city as ferry landings. Sec. 57. On the passage of this act, a vote shall betaken upon the adoption of the same by the qualified voters residing within the limits of said city as by this act defined, at such time and place and under such regulations as the present Mayor and Council of the town of Cedar Rapids may prescribe and determine; I^rovided, That a majority of the whole vote cast shall be deemed necessary to adopt and carry into effect this act. Sec. 58. That if this Charter is adopted by the citizens of said city, the present Mayor and Council of the town of Cedar Rapids shall call a special election within thirty days thereafter, to be held under such regulations as they may prescribe for the election of all the elective city officers provided for by this act, and said officers when elected shall have all the powers, and be subject to all the duties which this act affixes to their respective offices, and shall hold their offices until their successors are elected at the regular city election and qualified. Sec. 59. This act shall take effect from and after its publication in the Cedar Yalley Times and Cedar Rapids Democrat ; Provided, That said publication be done with- out any expense to the State. Sec. 60. That all parts of the act to which this is CITY CHARTER. 25 iimenclatory, coiitiictiiig with this act or the subject matter treated of by this act, be and the same are hereby repealed. Signed, REUBEN NOBLE, Speaker of the House of Representatives. Maturin L. Fisher, President of the Senate. Approved July 12th, 1856. JAMES W. GRIMES. LAWS OF THE STATE OF IOWA RELATING TO MUNICIPAL CORPORATIONS. CHAPTER CV, P. 207, LAWS 1858. OORPORATION TAXES. AN ACT concerning taxes levied by Miiniciiial Aiitliorities. Sechton 1. Deed from City of the 1 Sei^tiox 2. When to take effect, same force as deed from county. j Whereas, By the charters and otlier acts granting to municipal corporations the right to levy and collect taxes on real estate, the mode of said collection, the rate of interest, and the effect of the collector’s deed are various, unequal, and in some cases unjust; and. Whereas, it is desirable to remedy such defects and establish a uniform principle on the subject, therefore. Section 1. Be it evaded by the General Assembly of the State of Iowa: That from and after the publication of this law, in all cases of the sale of real estate made by virtue of the laws and ordinances of any municipal corporation in this State, the purchaser shall receive a deed which shall have the same effect as the County Treasurer’s deeds under sales made by him, as provided in the Code, and that the mode there provided for the purpose of making sales effective and foreclosing the redemption shall be pursued by the holder of said corporation deed ; and that no greater rate LAWS OF IOWA RELATING TO CITIES. 27 of interest than twenty five per cent, per annum shall here- after be charged on any such deed or sale. Sec. 2. This act shall take efiect and he in force from the date of its publication. Approved, March 22nd, 1858. CHAPTER CXI, P. 153, LAWS 1868. CITIES AND TOWNS ALLOWED TO SELL PROPERTY FOR DELINQUENT TAXES. AN ACT to promote the collection of revenue of incorporated cities and towns acting under special charters. Section 1. Cities and towns under special charters given full power to sell property for taxes. Section 2. Council may provide for sale under the provisions of Chap. 51 of the Revision of 1860. Section 1. Be it enacted hy the General Assembly of the State of Iowa : That to all cities and towns heretofore incorpor- ated under special acts and charters, and which do not now possess the right to sell personal or real property for the collection of delinquent taxes, including special rates and assessments, full power and authority is hereby granted to sell real and personal property for delinquent taxes, including special rates and assessments levied upon property for the improvement of streets, alleys, sidewalks, the con- struction of sewers, and other improvements of like nature ; but no deeds heretofore given by city authorities, where there was no legal power to sell, shall be considered as valid by anything herein contained. Sec. 2. That the City Council or trustees of any incor- porated city or town, coming under the provisions of this act, shall have the right to provide by ordinance for the 28 LAWS OF IOWA method of conducting sales of property sold for delinquent taxes or assessments, and also to provide all other needful rules and regulations for the proper enforcement of the rights herein granted. Deeds given for property sold under the provisions of this act shall have the same force and validity as those executed by County Treasurers in similar cases. The City Council or trustees of any incorporated city or town, acting under special charters, may, if they deem best, cause to be certified up to the Clerk of the Board of Supervisors all taxes, rates and special assessments the same as though said city or town had been incorporated under the general incorporation laws, known as Chapter 51 of the Revision of 1860, and the amendments thereto ; and when so certified, said taxes, rates and special assessments shall be collected and accounted for in all respects the same as is provided by Section 3, Chapter 25, of the acts of the Tenth General Assembly. Approved, April 7th, 1868. CHAPTER LXY, P. 65, LAWS 1870. STREETS AND ALLEYS. AN ACT to aiitliorize the improvement of Streets and Alleys. Section 1. Powers of city and town authorities with reference to sidewalks, streets, alleys, gutters and servers. Section 2. Taking effect. Section 1. Be it enacted by the General Assembly of the State of Iowa: That the City Council, or Trustees of any incor- porated city or town, whether organized under special RELATING TO CITIES. 29 charter or under the provisions of Chapter 51 of the Revision of 1860, and the acts amendatory thereto are hereby empowered to provide, by ordinance, for grading, constructing and repairing the sidewalk in front of or upon the side of any lot, or any part thereof, for the grading, paving or macadamizing of any street, avenue or alley, or any part of either of the same, and for the construction and repair of gutters and sewers, and that said City Council, or Trustees, have full power and authority to provide, by ordinance, for the levy of a special tax upon the lots, parcels of ground, or any part of either of the same, fronting upon or lying along, the street, avenue or alley which is to be improved, or is improved under the powers herein confered, for the purpose of paying the expenses of the improve- ment. Sec. 2. This act, being deemed of immediate importance, shall take effect from and after its publication in the Iowa State Register and the Des Moines Statesman, papers pub- lished in Des Moines, Iowa. Approved, April 6th, 1870. 30 LAWS OF IOWA CHAPTER LXrX, P. 67 , LAWS 1870. WORKING PRISONERS IN COUNTY JAILS. AX ACT to authorize the working of per.soiis (‘onfined in the jails of the State and to protect prisoners. Sec. 1. Prisoners in jail between the age of 16 and 50, under sen- tence, may be required to labor. 2. Where to labor, 3. Sheriff to superintend work. 4. Marshal to superintend when. Sec. 5. Officers to prevent escape. 6. Prisoners to be credited for labor on fines. 7. Cruel treatment punished, 8. Duty of officer in charge. Section 1. Be it enacted by the General Assembly of the State of Iowa: That any able bodied male person, over the age of sixteen years and not over the age of fifty years, now, or hereafter confined in any jail in this State, under the judgment of any court of record, or of any other tribunal authorized to imprison for the violation of any law, ordi- nance, by-law or police regulation, may be required to labor during the whole or part of the time of his sentence, as hereinafter provided, and such court or other tribunal, when passing final judgment of imprisonment, whether for non-payment of fine or otherwise, shall have the power to determine, and shall determine whether such imprisonment shall be at hard labor or not, as contemplated in this bill. Sec. 2. Such labor may be on the roads, streets or public highways, on or about public buildings or grounds, or at such other places in the county, where confined, and during such reasonable time of the day as the person having charge of the prisoners may direct, and not exceeding eight hours per day. Sec. 3. In case the sentence be for the violation of an}^ of the statutes of the State, the Sheriff of the county where the imprisonment is, shall superintend the performance of the labor authorized by this act, and shall furnish the tools and material, 'jf necessary, to work with, at the expense RELATING TO CITIES. n of the county in vvliich the convict is confinecl, and such county shall be entitled to his earnings. Sec. 4. When the imprisonment is pursuant to the judg- ment of any Police court, Police Magistrate, Mayor or other tribunal of any incorporated city or town, of the violation of any ordinance, by-law, or other regulation, the Marshal shall superintend the performance of the labor authorized by the provisions of this act, and shall furnish the tools and materials, if necessary, at the expense of the city or town requiring the labor, and such city or town shall be entitled to the earnings of its convicts. Sec. 5. The officers having charge of any convicts, for the purpose specified in this act, may use such means as, and no more than, are necessary to prevent escape, and if any convict attempt to escape either while going from or returning to the jail, or while at labor, or at any time, or if he refuse to labor, the officer having him in charge, after due inquiry, may, to secure such person, or to cause him to labor, use the means autliorized by Section 5134 of the Rivision of 1860 ; Provided such punishment shall be inflicted within the jail or jail enclosure; Provided farther, that the time spent within the jail enclosure for refusal to work shall not be considered as any part of the time for which the prisoner is sentenced. Sec. 6. For every day’s labor performed by any convict, under the provisions of this act, there shall be credited on any judgment for fine and costs against him, the sum of one dollar and fifty cents, and no person shall be entitled to the benefits of Section 5005 of the Revision of 1860, if, in the opinion of the Sheriff, the judgment may be satis- fied by the labor of the person as herein authorized. Seo. 7. That if any officer, or other person, treat aiw prisoner in a cruel or inhuman manner, he shall be punished by fine not exceeding one thousand dollars, or by imprison- 32 LAWS OF IOWA ment in the county jail not exceeding twelve months, or by both such line and imprisonment. Sec. 8 . It shall be the duty of such officers having such prisoner in charge to preserve the same from insult and annoyance, and communication with others while at labor, and going to and returning from the same, and may use such means as are necessary and proper therefor ; and any person persisting in insulting and annoying, or communi- cating with any prisoner, after being commanded by such officer to desist, shall be punished by a fine not exceeding ten dollars, or by imprisonment not exceeding three days. Approved, April 7th, 1870. CHAPTER I, P. 1, LAWS OF 1872. APPROPRIATION TO BUILD BRIDGES. AN ACT authorizing the appropriation of money to build Bridges. Sec. 1. Supervisors of counties whose population exceeds 15,000, may make appropriations, not to exceed $25,000. Sec. 2. Councils of cities not to aj)propriate to exceed ten dollars per lineal foot. 3. Repeals. 4. To take effect. Section 1. Be it enacted by the General Assembly of the State of Iowa : That the Board of Supervisors of any county in this State having a population of more than fifteen thous- and, may appropriate for the construction of any one bridge, which is, or may hereafter become, a county charge, within the limits of said county, such sum as may be necessary, not exceeding the sum of forty dollars per lineal foot. RELATING TO CITIES. 33 Provided^ That in no case shall they appropriate for said purpose to exceed twenty-live thousand dollars. Sec. 2. The Common Council of any incorporated city within this State may appropriate a sum not exceeding ten dollars per lineal foot to aid in the construction of any county bridge within the limits of said city. Sec. 3. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Sec. 4. This act being deemed of immediate importance, shall take effect from and after its publication in the Iowa State Register and Daily State Leader^ newspapers published at Des Moines, Iowa. Approved, January 31st, 1872. CHAPTER XVH, P. 18, LAWS OF 1872. FREE PUBLIC LIBRARIES. AN ACT, to provide for the establishment and maintenance of free public libraries in cities and incorporated towns. Section 1. Council may appro- priate money to buy books, build- ing, &c. 2. Council may enact rules, by- laws and ordinances for the gov- ernment of library and officers. 3. Library to be free to the in- habitants. Section 4. In relation to gifts, donations, etc. o. Library entitled to Public Documents. 6. Submit to vote of the Peo- ple. 7. Repeals. 8. To take effect. Section 1. Be it enacted by the General Assembly of the State of Iowa : The Council of any city or incorporated LAWS OF IOWA U town ill this State may raise and appropriate money not exceeding in amount one mill upon the dollar of the assessed valuation of the taxable property of such city or incorpor- ated town, in any one year, to procure books, maps, charts, periodicals and other publications for the establishment and perpetual maintenance of a free public library within the limits of such city or incorporated town. And the Council of such city or incorporated town, out of the fund so raised, may appropriate money for the purchase of such land and the erection of such buildings as may be necessary for the suitable accommodation thereof, or for the hiring or leasing of rooms for such purpose, and for the compensation of such officers or agents as may be necessarily employed in the establishment and management of such library. Sec. 2 The Council of any such city or incorporated town accepting the provisions of this act, may enact rules, by-laws and ordinances for the establishment and mainten- ance of such library, provide for the election or appoint- ment of officers and agents, and may assess and levy a yearly tax for the support and maintenance thereof, not ex- ceeding the amount named in the hrst section of this act. Sec. 3. Every public library established and maintained under the provision of this act, shall be open to the free use of every inhabitant of the municipal corporation by which it is established, for the general diffusion of intelli- gence among all classes of the community, subject to such rules and regulations for the well ordering and careful preservation thereof, as may be established and ordained by the Council of such city or incorporated town. Sec. 4. Any such city or incorporated town, may receive, hold, and possess, or sell and dispose of any and all gifts, donations, devices, bequests and legacies as may be made to such city or incorporated town, for tlie purpose ot establishing, increasing or improving any such public UKI.ATINU TO CITIES. 35 library; and tlie city or town council thereof may apply tlie use, profits, proceeds, interest , and rents accruing there- from in sucli manner as will best promote the prosperity and utility of such library. Sec. 5. Every city or incorporated town in which such a |)ublic library shall be established and maintained under the provisions of this act, shall be entitled to receive a copy of the laws, journals and all other works published by authority of tlie State after the establishment of such library, for the use of such library, and the Secretary of State is hereby authorized and required to furnish the same from year to year to such city or incorporated town. Sec. 6 . Any city or incorporated town of this State proposing to accept the benefits of this act, shall, before exercising the powers herein conferred, submit to a vote of the people at any municipal election of such city or incorporated town, the question, “shall the city (or town council, as the case may be) accept the benefits of an act of the legislature for the creation and maintenance of a free public library ? Yes, — Yo.” Sec. 7. So much of Chapter 45, of the acts of the Thir- teenth General Assemblj^ as conflicts with this act is here- by repealed. Sec. 8. This act being deemed of immediate impor- tance, shall take effect from and after its publication in the Daily State Register and State Leader, newspapers published in Des Moines. Approved, March 20th, 1872. LAWS OP IOWA 8 ») CHAPTER XXVIII, P. 38, LAWS OF 1872. BRIDGE TAXES. AN ACT, relating to taxes levied for bridge purposes. Section 1. Cities entitled to Section 2. County Treasurer Bridge Tax, and conditions. shall pay to proper city officers, 3. Take effect. Section 1. Be it enacted by the General Assembly of the State of Iowa : That the incorporated cities and towns of this State within the limits of which bridges are constructed, over running streams, and maintained at the expense of such cities and towns, shall be entitled to all bridge taxes levied by county authority, and collected on property with- in the limits of such cities or towns : Provided^ that this act shall only apply where bridges exceeding seventy-five feet in extreme length have been, or shall be, constructed and maintained by such municipal authority. Sec. 2. The county treasurer shall pay to the proper municipal ofiicer all moneys in his hands which come within the provisions of the foregoing section, at the same time and in the same manner as other funds collected for city and town purposes : Provided^ that wherever the taxes so levied and tolls collected and paid over to the proper municipal officer shall have amounted to the cost of con- structing and maintaining such bridges, the bridge tax herein provided for shall thereafter remain in the county treasury, for general bridge purposes, subject only to the cost of maintaining such municipal bridges in good condi- tion and repair. Sec. 3. This act being deemed of immediate importance, shall take eftect and be in force from and after its publi- cation in the Daily State Register and Iowa Review, news- papers published at Des Moines, Iowa. Approved, April 6th, 1872. RELATING TO CITIES. 37 CTTAPTER XXXI, P. 36, LAWS OF 1872. rOIA. TAXES. .\N A(^T authorizing muiiici])al (*<>r})orati<)iis to levy poll taxes. Section 1 . Aiiiouiit of labor to l)e performed. 2. Penalties, and how collected. Sec tion o. Take etfect. Section 1. Be it enacted by the General Assembly of the State of Iowa : That municipal corporations, whether or- i^anized under special (charters or under the provisions of Chapter 51, Revision of 1860, and where, by the terms of th# charter, the same are invested with the care and con- trol of streets and highways within their respective limits, are hereby empowered to provide by ordinance that all able-bodied male residents of the incorporation, between the ages of twenty-one and fifty years, shall,' between the first day of April and the first day of September in each year, either by themselves or satisfactory substitutes, per- form two days labor upon the streets, alleys, or highways, within such incorporation, at such times and places as the proper officer may direct, and upon three days notice in writing given. Sec. 2. That said municipal incorporation may further provide by ordinance, that for each day’s failure to attend and perform the labor as required, at the time and place specified, the delinquent shall forfeit and pay to the incor- poration any sum not exceeding two dollars for each day’s delinquency, and that all such sums remaining unpaid on the first day of September, in each year, may be treated and collected as taxes ou property, and the same shall be a lien on all the property of the delinquent that may be listed for taxation and assessed and owned by him on the first day of Xovember of the same year. Sec. 3. This act, being deemed of immediate importance. 88 LAWS OF IOWA shall take effect and be in force from and after its publi- cation in the Des Moines Daily Register and the Ottumwa Daily Courier. Approved, April 6th, 1872. CHAPTER XL, P. 46, LAWS OF 1872. DAMAGES. AN ACT, requiring cities to pay damages in certain cases. Section 1. Cities shall pay damages for injury to property by (•.hanging grade of streets or alleys. 2. How damages shall be as- sessed. 3. Apprai^^^I^sh lie sworn ; shall gu^^ft/^m’ee weeks notice by }n\blieirm)n in newspaper of meet- ri' - ' ings. Ajipraisers duties. C^iiicil may contirm or annul. ^ 4. Appeal may be taken. Bur- den of proof on city. 5. (Jost to be paid bv citj’’ or town. »^^''^Section 1. Be it enacted by the General Assembly of the State of Iowa : That whenever any city or town in this State, authorized by law to establish and regulate the grades of the streets and allej^s of such city or town, shall have estab- lished the grade of any street or alley, and any person shall have built or made any improvements on such street or alley according to the established grade thereof, and the city authorities shall alter said established grade in such a manner as to injure or diminish the value of said property, said city shall pay to the owner or owners of said property so injured, the amount of such damage or injury. Sec. 2. Said damage or injury shall be assessed by three persons, — one of whom shall be appointed by the mayor of such city or town, one by the owner of the property, and one by these two so appointed ; or, in case of their dis- agreement, by the mayor and owner; or, in case of their disagreement, by the city council or town trustees. UELATING TO ClTHilS. 39 Provided^ tliat if the owner of such property sliall fail to appoint one such appraiser in ten days from tlie time of receiving notice so to do, tlien the city council ''or town trustees shall appoint all such appraisers, and no such alter- ation of grade shall be made until said damages so assess- ed shall have been paid or tendered to the owner or owners of the property so injured or damaged. Sec. 3. The appraisers shall be sworn faithfully to execute their duties according to the best of their ability. Before entering upon their duties, they shall give notice by publi- cation for three weeks in one or more newspaper^ printed in such city, to the persons interested, of the time and place of their meetirii^; for the purpose of viewing the premises and making their assessment, at least ten days before the time of such meeting. They shall view the premises, and, in their discretion, receive any legal evidence, and may adjourn from day to day. When the appraisement shall be completed the appraisers shall sign and return the same to the city council, or town trustees, within thirty days of their appointment. The city council or town trustees shall have power, in their discretion, to confirm or annul the appraisement, and if annulled, all the proceedings shall be void, but if confirmed, an order of confirmation shall be entered. Sec. 4. Any person interested may appeal from the order of confirmation to the district court of the district in which such city or town is situated, by notice in writing to the mayor at any time before the expiration of twenty days after the entering of the order of confirmation. Upon trial of the appeal, all questions involved in the pro- ceedings, including the amount of damages, shall be open to investigation, and the burden of proof shall in all cases be upon the city or town to show that the proceedings are in conformity with this act. Sec. 5. The cost of any proceeding under this act in- 40 LAWS OF row A ciirred prior to the order of such city council or trustees confirming or annulling the appraisment, shall, in all cases, be paid by such city or town. x^pproved, April 11th, 1872. CHAPTER XII, P. 14, LAWS OP" 1870. POLICE JUDGES IN CITIES UNDEPv SPECIAL CIIARTEllS xVN ACT, to provide for the election of u i)olice judge and the estab- lishment of a police court in cities acting under sjjecial charters. Secti(jii 1 . Police judge be elec- j Section 4. City council may ted. appoint for 1870. 2. His powers detined. \ 5. Moneys to be accounted for M. The election of siudi judge I same as by justice of the peace, discretionary. j Section 1. Be it enacted by the General Assembly of the State of Iowa: That the legal voters of any city in the State of Iowa, now acting under the provisions of special charters, heretofore granted, may at their next annual election, and every two years thereafter, at the time of electing the mu- nicipal officers of such corporation, elect a suitable person to be known as police judge, who shall qualify and give bond in like manner as justices of the peace are required to do. Sec. 2. That whenever any such city shall have elected a police judge, as aforesaid, all the powers, jurisdiction, duties, fees and emoluments of said judge and his court, shall he the same as are now provided by sections 1117, 1118, 1119 and 1120, of chapter fifty-one of the Revision of 1860, providing for such an officer in cities acting under RKLATIN(i TO CITIES. 41 the general iiicor})oration law for incorporated cities and towns, the same as tliough said sections were herein spe- citicall}^ set fortli. Sec. 3. Nothing herein contained shall he construed to compel any such city to elect a police judge, wliere they may choose to dispense with the same. Sec. 4. If this act shall not take effect in time for the election of a police judge, at the annual election of any sucli city for 1870, then tlie city council or board of trustees of any such city may appoint some suitable person to such position, who shall hold the same till the next annual election and his successor is elected and qualified. Sec. 5. All moneys coming into the hands of such police judge in his official capacity, shall be accounted for in the same manner as justices of the peace are required to account for moneys coming into their hands officially. Sec. 6 . This act being deemed by the general assembly of immediate importance shall take effect and be in force from and after its publication in the Des Moines Register and Des Moines Bulletin^ newspapers published at Des Moines, Iowa. Approved, February 9th, 1870. Sections of the Revision of 1860 referred to in the foregoing act of the General assembly. Sec. 1117. The police judge shall have in all criminal cases the powers and jurisdiction that are or may by law be vested in justices of the peace of the county, in all respects whatsoever ; he shall also bave the powers to take acknowledgements of deeds and other writings ; he shall have jurisdiction of all ordinances of the city, and of all 42 LAWS OF IOWA cases of petit larceny and other inferior ottenses which do not re([uire an indictment or presentment by the grand jury, with power to hear and determine the same, where a Jury is not demanded in cases where it may be properly claimed. The police judge of any such city shall have power to hold court, to be styled the “police court.” Every such police court shall be deemed a court of record, shall have a seal to be provided by the city council, with the name of the State in the centre and the style of the court around the margin, and shall have like jurisdic- tion as a court, as is or may be invested in the judge hold- ing the same ; and shall also have jurisdiction and power to hear and determine all cases of violation of the ordi- nances of the city which shall l)e prosecuted in the name or in behalf of the city ; and all cases of j^etit larceny, or other inferior offenses of any description committed within the limits of the city, or within one mile thereof, and which the constitution or some law of the State does not require to be prosecuted by indictment or presentment of a grand jury; and prosecutions for such offenses shall be brought and conducted in the name of the State, and for the proper exercise of such jurisdiction, such police court shall liavein respect of the issuing of process, the preserving order and punishing contempts, the administering oaths, the summoning and empanneling juries, or otherwise, all the powers incident to the district courts, in the hearing and determining like cases. Sec. 1118. The police judge holding the police court shall be entitled to receive in all criminal cases prosecuted in behalf of the State, the same fees to be collected in the same manner as is or may be provided by law, as the jus- tice of the peace in like cases, and in cases prosecuted in behalf of the city, such fees not exceeding fees for the ser- vices of the lik(^ nature in state prosecutions, as the coun- cil may by ordinance prescribe, and shall also receive such KKLATINCJ TO CITIES. 43 future salary or compensation, as tlie City Council, in like manner, may prescribe. Sec. 1119. The police court shall always be open for the dispatch of business, but may adjourn from day to day, or from time to time, and the mode in which cases shall be brought before the court shall be regulated by the ordinance of the City Councilor rule of the court; the jurors in said court shall have the qualitications of jurors in the district court, the Police Judge shall adopt such rules of practice and proceedings as will give to all the parties a proper statement of any charge against them, full opportunity of being heard, but at the dispatch of the business of the court with con- venient speed. Sec. 1120. Any final conviction or sentence of the police court may be examined into by the district court on certiorari^ which may be allowed by such court or judge thereof for sufficient cause, and proceedings may be stayed on such terms as may be deemed reasonable ; such Police Judge or court shall, on such certiorari^ return all matters of record on file touching the proceedings, or a transcript thereof, and any facts which may have been noted by the judge or certified in the nature of a bill of exceptions at the time of trial, which it shall be the duty of the judge on the request of the party to do, and on such return the district court shall make such order as right and justice may require, and may either discharge the party or set aside the conviction and order another trial, or dismiss the certiorari and order a procedendo^ but no conviction or sentence of any such judge shall be set aside or disregarded for want of any technical averment that any matter or thing is within their jurisdiction, and in like manner as is above provided, may a conviction for the violation of any ordinance before the Mayor of any corporation, be examined and revised. 44 LAWS OF rOWA F:XTRACTS from chapter X, title IV, CODE OF 1873. ANNEXING CONTIGUOT^S TEKKITOKY. Sec. -131 . Provisions for annex- ing to cities (;ontigiions platted ter- ritory. Petition to circuit court, and notice published. Dei;ree to be entered ac(3ordiiig to justice and {'quity. ABANOONING SPECIAL ClIAllTER. 434. Cities having special char- ters may abandon them, and or- ganize under the general law. 435. Petition of legal voters pre- sented to council, and special eleidion called. 436. Mayor to issue j)roclamation for such election, and same to be ])ublished. 437. Election, and canvass ^of votes by the council. 438. If result of such election is in favor of abandonment, special election to be called for election of officers. 439. Vested rights not to be effected. POWERS OF CITIES. Se(’. 4()5. Grading streets, con- struction of sewers, to require vote of two-thirds of city council. 466 and 467. Construct sidewalks, pave and macadamize streets, levy special tax, assent of pro{)erty own- ers required, or three-fourths of city council. 468. Temporary sidewalks; ex- pense limited. 469. Damages to be assessed and proceedings had, when grade of street is changed after buildings are erected. 470. Land purchased for public pur])oses. 471 to 477, inclusive. Proceedings relative to water works. 478 and 579. Assessments on lots, and how enforced. 508. Cities classified by popula- tion. amending SPECIAL CHARTERS. 548. Manner of proceeding to amend special charters. 551. Cities with special charters not effected by repeal of prior laws. ANNEXING CONTIGUOUS TERRITORY. Sec. 431. When any incorporated city shall desire to annex to such corporation any abutting and contiguous ter- ritory thereto, which is not embraced within the limits of any city, and which territory has been laid out in lots or parcels containing two acres or less, the council of such corporation may present to the circuit court of the county, in which such city is situate, a petition setting forth the facts, and describing the territory that is desired to be annexed, and that the same has been laid out as above men- tioned, together with the names of each owner of any portion of such territory, without describing at length, if KK1.ATIN«J TO C1T1E8. 45 there is more tlmii one sueli owner, the })articiilar portion of such territory owned by eaeh, which petition shall have attached thereto a map or plat of such territory. A notice of the tiling of such petition shall be served by publication in one daily or weekly newspaper, published in such city, and by posting in live public places in the territory outside of said city, for the period of four weeks ; and the corpor- ation shall be plaintiff, and said owners defendants, and issues joined and the cause tried in the ordinary manner as far as applicahle, except that no judgment for costs shall be rendered against any defendant who does not make any defense. If the court find the allegations of the petition to be true, and that justice and equity require that said territory or any part thereof should be annexed to such corporation, a decree shall he entered accordingly, and from the time of entering such decree the territory therein di scribed shall be included in and become a part of such corporation. The powers conferred under the provisions of this section shall also apply to cities acting under special charters. ABANDONING SPECIAL ( HARTER. Sec. 434. Any city or town incorporated by special charter, or in any other manner than that provided by this chapter, may abandon its charter and organize itself under the provisions of this chapter with the same territorial limits, by pursuing the course hereinafter prescribed. Sec. 435. Upon the petition of fifty legal voters in any such city or town to the council or trustees thereof, praying that the (question of abandoning its charter be submitted to the legal voters, the council or trustees shall immediately direct a special election to be held, at which such question shall be decided, specifying at the same time, the time and place of holding the same, and appointing the judges and clerks of the election. 46 LAWS OF IOWA Sec. 486. The mayor, or in case there is no mayor, the president of the council or board of trustees shall at once issue a proclamation giving notice of such election of the question submitted to the electors, and of the time and place of holding the election, which proclamation shall be published for four consecutive weeks in some newspaper published in such city or town ; and if there is none pub- lished therein, then such proclamation shall be published by posting a copy thereof in live public places within the corporate limits of such city or town, one of which shall be on the door of the mayor’s office. Sec. 437. At such election, those who desire to vote in favor of the abandonment of the charter shall deposit a ballot with the words ‘‘in favor of abandonment;” those desiring to vote against the abandonment shall deposit a ballot with the words “ against abandonment.” The election shall be conducted in other respects as elections for city officers are conducted under the charter. The abstract, of votes shall be returned to the city council or board of trus- tees, who shall canvass the same and declare the result, which shall be entered on the journal. Sec. 438. If a majority of the votes cast at such election be in favor of the abandonment of the charter, the council or trustees shall immediately call a special election for the election of officers for such corporation, according to its class as defined by this chapter ; and from and after the election and qualification of such officers, the former charter of such city or town shall be considered as abandoned, and such city or town shall be considered as organized, and shall have all the rights and be subject to all the lia- bilities of the class to which it belongs, but the officers so elected shall hold their offices only until the next annual municipal election in such city or town. If a majority of the votes be against abandonment, that question cannot be 47 KELATIN(il TO CITIES. again vSiibmitted until after the ex[>ir{ition of one year from the time of such election. Sec 439. A.11 rights and pro[)erty of every description which were vested in any municipal corporation under its former organization, shall be deemed and held to l)e vested in the same municipal cor[)oration under the organization herein contemplated; and no right or liability, either in favor of or against such corporation existing at the time, and no suit or prosecution of any kind shall be affected by such change ; Provided, that when a different remedy is given by this chapter whicli can properly l)e made applicable' to any right existing at the time such change is made, the same shall be deemed cumulative to the remedies before provided, and may be used accordingly, POWKKS OF CITIFS. 8ec. 4(-)5 They shall have power to provide for the grading and repairs of any street, avenue or alley, and the construction of sewers and shall defray the ex[»enses of the same out of the general funds of such city or town, but ik) street shall be graded except the same be ordered to be done by the affirmative vote of two-thirds of the city council or trustees. Sec. 466. They shall have power to construct sidewalks, to curb, pave, gravel, macadamize and gutter any highway or alley therein, amf to levy a special tax on the lots and parcels of land fronting on such higliway or alley to pay the expense of such improvement. But unless a majority of the resident owners of the property subject to assess* ment for such improvements [)otition the council or trustees to make the same, such improvements shall not l)e made until three-fourths of all the members of such council or trustees shall, by vote, assent to the making of the same. Sec. 467. They shall have power to repair permanent 48 I.AW8 OF IOWA sidewalks, and to assess the expense thereof on the property in front of wliich sudi repairs are made. Sec. 468. They shall have power to provide for the laying of temporary plank sidewalks upon the natural surface of tlie ground, without regard to grade on streets not permanently im[)roved, at a cost not exceeding forty cents a lineal f)Ot, and to provide for the assessment of the cost thereof on the property in front of which the same shall be laid. Seo. 469. When any city or town shall have established the grade ot any street or alley, and any person shall have built or made any improvements on such street or alley, according to tlie established grade thereof, and such city or town shall alter said established grade in such a manner as to injure or diminish the value of said property, said city or town shall pay t(^ the owner or owners of said property so injured the amount of such damage or injury, which shall be assessed by three persons — one of whom shall be appointed by the mayor of such city or town, one by the owner of the ]>roperty, and one by the two so appointed, or in case of their disagreement, by mayor and owner, or in case of their disagreement, by the city council or town trus- tees. If the owner of such property shall fail to appoint one such appraiser in ten days from the time of receiving notice so to do, then the city council or town trustees shall appoint all such appraisers, and no such alteration of grade shall be made until said damages so assessed shall have been paid or tendered to the owner of the property so injured or dam- aged. The appraisers shall be sworn to faithfully execute their duties, according to the best of their ability. Before entering upon their duties, they shall give notice by publi- cation for three weeks in one or more newspapers, printed in such city, of the time and place of their meeting for the purpose of viewing the premises and making their assess- ment. They shall view the premises and, in their discre- lUiLATlNli TO OITIKS. 4!> tioii, receive any legal evidence and may adjourn from day today. When the appraisement shall be completed, the appraisers shall sign and return the same to the city council or town trustees, within thirty days of their appointment. The city council or town trustees shall have power, in their discretion, to confirm or annul the appraisement, and if annulled, all the proceedings shall be void, but if confirmed, an order of the confirmation shall be entered. Any person interested may appeal from the order of confirma- tion to the circuit court of the county in which such city or town is situated, by notice in writing to the mayor at any time before the expiration of twenty days after the entering the order of confirmation. [Tpon the trial of the appeal, all questions involved in the proceedings, including the amount of damages, shall be open to investigation and the burden of proof shall, in all cases, be upon the city or town to show that the proceedings are in conformity with this section. The cost of any proceedings incurred prior to the order of such city council or trustees confirming or annul- ling the appraisement, sliall in all cases be paid by such city or town. Sec. 470. They shall have power to purchase or condemn and pay for, out of the general fund, and enter upon and take any lands within or without the territorial limits of such city or town for the use of public squares, streets, parks, commons, cemeteries, hospital grounds, or any other proper and legitimate municipal use, and to enclose, orna- ment and improve the same. Tliey shall have entire con- trol of the same, and shall have power, in case such lands are deemed unsuitable or insufficient for the purpose for which they were originally granted, to dispose of and convey the same, and conveyances executed in accordance with this chapter shall be held to extinguish all rights and claims of any such town or city to such lands existing prior to such conveyance. But when such lands are so disposed 50 LAWS OF IOWA ot! and conveyed, enough thereof shall be reserved for streets to accommodate adjoining property owners. Sec. 471. They shall have power to erect water works or to authorize the erection of the same ; but no such works shall be erected or authorized until a majority of the voters of the city or town at a general or special election, or four-fifths of the members of the council or board of trustees thereof, by vote, approve the same. Sec. 472. They shall have power to construct or authorize the construction of such works without their limits, and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and all reservoirs, streams, trenches, pipes and drains used in and necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken for five miles above the point from which it is taken, and to enact all ordinances and regulations neces- sary to carry the power herein conferred into effect. Sec. 473. When the right to build and operate such works is granted to private individuals or incorporated companies by said cities and towns, they may make such grant to inure for a term of not more than twenty-five years, and authorize such individual or company to charge and collect from each person, supplied by them with water, such water rent as may be agreed upon between said person or corporation so building said works, and said city or town ; and such cities or towns are authorized and empow- ered to enter into a contract with the individual or company constructing said works, to supply said city or town with water for fire purposes, and for such other purposes as may be necessary for the health and safety thereof, and to pay therefor such sum or sums as may be agreed upon between said contracting parties. RELATING TO CITIES. 51 Sec. 474. Said cities or towns are hereby authorized to condemn and appropriate so much private property as shall be necessary tor the construction and operation of said water works, and when they shall authorize the construction and operation thereof by individuals or corporations, they may confer by ordinance upon such person or corporation the said power to take and appropriate private property for said purpose. Sec. 475. All cities and incorporated towns constructing such works are authorized to assess from time to time, in such manner as they shall deem equitable upon each tene- ment or other place supplied with water, such water rents as may be agreed upon ; and at the regular time of levying taxes in each year, said city or town is hereby empowered to levy and cause to be collected, in addition to the taxes now authorized to be levied, a special tax, on taxable prop- erty in said city or town ; which tax, with the water rents hereby authorized, shall be sufficient to pay the expenses of running and operating such works, and if the right to build, maintain and operate such works is granted to private individuals or incorporated companies by such cities or towns, and said cities or towns shall contract with said indivduals or companies for a supply of water for any pur- pose, such city or town shall levy each year, and cause to be collected, a special tax as provided for above, sufficient to pay off such water rents so agreed to be paid to said indi- vidual or company constructing said works ; provided^ how- ever, that said tax shall not exceed the sum of live mills on the dollar for any one year, nor shall the same be levied upon the taxable property of said city or town which lies wholly without the limits of the benefit or protection of such works, which limit shall be fixed by the city council or board of trustees each }^ear before making said levy. Sec. 476. When it shall be deemed necessary by any such corporation to enter upon or take private property for library «JNIVERSITY of 52 LAWS OF IOWA any of the above uses, an application in writing shall be made to the circuit court, which application shall describe as correctly as may be the property to be taken, the object proposed and the owners of the property, and of each lot or parcel thereof known, and notice of the filing thereof shall be given as is required to commence a civil action in said court. After such notice shall have been given, the court shall proceed to determine the compensation to be paid for the taking of the property, and for that purpose shall empanel a jury, and the mode of proceedure therein shall be the same, so far as applicable, as in an action by ordinary proceedings. The assessment shall be made so that the amount payable to each owner may be ascertained either by allotting it to each owner by name or on each lot or parcel of land, and the inquiry and assessment shall in other respects be made by the jurors under such instructions as shall be given by the court. The jurors shall be sworn to make the whole inquiry and assessment, but may be allowed to return a verdict as to part and be discharged as to the rest in the discretion of the court, and in case they shall be discharged from rendering a verdict in whole or in part, another jury may be empaneled at the earliest con- venient time, which shall make the whole inquiry and assessment, or the part not made, as the case may be. Sec. 477. When the amount of compensation due to any of the owners of the property to be taken shall be ascertained, the court shall make such order as to its pay- ment or deposit as may be deemed just and proper, and may require adverse claimants to any part of the money or prop- erty to interplead, so as to fully settle their rights and interests, and may direct the time and manner in which possession of the property shall lie taken or delivered, and may, if necessary, enforce an order giving possession. But none of the property shall be actually taken or occu- pied until the compensation thus ascertained shall have RELATING TO CITIES. 53 been paid or secured to be paid. The costs occasioned by the inquiry and assessment shall be paid by the corporation, aqd as to the other costs which may arise, they shall be charged or taxed as the court in its discretion may direct ; no delay in making an assessment of compensation, or in taking possession, shall be occasioned by any doubt which may arise as to the ownership of the property, or any part thereof, or as to the interest of the respective owners ; but in such cases the court shall require the deposit of the money allowed as compensation for the whole of the property, or the part in dispute ; and in all cases as soon as the corpora- tion shall have paid the compensation assessed, or secured its payment by a deposit of money under the order of the court, possession of the property may be taken and the public work of improvement progress. Sec. 478. Each municipal corporation may, by a general ordinance, prescribe the mode in which the charge on the respective owners of lots or lands, and on the lots or lands, shall be assessed and determined for the purposes authorized by this charter ; such charge, when assessed, shall be paya- ble by the owner or owners at the time of the assessment personally, and shall also be a lien upon the respective lots or parcels of land from the time of the assessment. Such charge may be collected and such lien enforced by a pro- ceeding in law or in equity, either in the name of such corporation or of any person to whom it shall have directed payment to be made. In any such proceedings, where pleadings are required, it shall be sufficient to declare gen- erally for work and labor done and materials furnished on the particular street, alley or highway. Proceedings may be instituted against all the owners or any of them, to enforce the lien against all the lots or land, or each lot or parcel, or any number of them embraced in any one assess- ment, but the judgment or decree shall be rendered sepa- rately for the amount properly chargeable to each. Any 54 LAWS OF IOWA proceedings may be severed, in the discretion of the court, for the purpose of trial, review, or appeal. Sec. 479. In any such proceeding, where the court trying the same shall be satisfied that the work has been done, or materials furnished, which, according to the true intent of the act, would be properly chargeable upon the lot or land through or by which the street, alley or highway improved, repaired or lighted may pass, a recovery shall he permitted, or a charge enforced, to the extent of the proper proportion of the value of the work or materials which would be chargeable on such lot or land, notwithstanding any inform- ality, irregularity or defect in any such municipal corpora- tion or any of its officers. But in such case the court may adjudge as to costs as may be deemed proper, and in cases where an assessment shall have been regularly made, and payment shall have been neglected or refused at the time when the same was required, any municipal corporation may he entitled to demand and recover, in addition to the amount assessed and interest thereon at ten per cent, from the time of the assessment, five per cent, to defray the ex- penses of collection, which shall be included in any judgment or decree which may be rendered. The provisions and powers conferred in this chapter from section four hundred and sixty-five, to section four hundred and seventy-nine, inclusive, shall apply to cities acting under special charter. CLASSIFICATION OF CITIES. Sec. 508. Every municipal corporation having a popula- tion of fifteen thousand and upwards, shall be a city of the first class ; every municipal corporation having a population exceeding two thousand, but not exceeding fifteen thousand, shall he a city of the second class; and every municipal corporation having a population not exceeding two thous- and, shall be deemed an incorporated town. RELATING TO CITIES. 55 AMENDING SPECIAL CHARTERS. Sec. 548. On the presentation of a petition signed by one-fourth of the electors, as shown by the vote at the next preceding charter election, of any city or town acting under a special charter or act of incorporation, to the gov- erning body thereof, asking that the question of the amend- ment of such special charter or act of incorporation be submitted to the electors of such city or town, such gov- erning body shall immediately propose sections amendatory of said charter or act of incorporation, and submit the same, as requested at the first ensuing charter election. At least ten days before such election, the Mayor of such city or town, shall issue his proclamation setting forth the nature and character of such amendment, and shall cause such proclamation to be published in a newspaper published therein; or, if there be none, he shall cause the same to be posted in five public places in such city or town. On the day specified, the amendment shall be submitted to the electors thereof for adoption or rejection, and the form of the ballots shall be “for the amendment,” or, “against the amendment.” Sec. 549. If a majority of the votes cast is in favor fo said amendment, the Mayor or chief officer shall issue his proclamation accordingly ; and the said amendment shall thereafter constitute a part of said charter. Sec. 550. The legislative body of said city or town, may submit any amendment to the vote of the people as afore- said, at any special election, one half the electors as aforesaid petition for that purpose, and the proceedings shall be the same as at the general election. PRIOR LAWS REPEALED. Sec. 451. All acts and parts of acts passed subsequent 56 LAWS OF IOWA to the fourth day of July, A. D., 1858, and prior to the taking effect of this code relating to cities of the first and second class and incorporated towns, or to any or either of said classes of municipal corporations, and applicable both to such corporations as are acting under special charter, and to such as are incorporated under the general act of which this chapter is an amendment, are repealed by the code only so far as they effect the latter, and not as they effect corporations acting under special charters. All rights, powers, privileges, duties, directions and provisions what- ever, contained in and enacted by such acts and parts of acts, shall remain in full force and effect so far as municipal corporations acting under special charters are concerned, and the provisions of this chapter shall not apply to any city or town incorporated prior to the eighteenth day of July, A. D., 1858, unless the same he adopted as hereinbefore provided. CHAPTER XXV, LAWS OF 1874. AN ACT to provide that lands to be laid out into town or city lots shall be free from incumbrance, and that the same when thus laid out shall be accurately described relative to some established corner of the congressional division of which they are a part. Section 1. Certificate of the Treasurer and Recorder, showing title perfect and free from taxes, to be filed before plat of town lots can be recorded. 2, Every such plat to give bear- ing and distance from corner of a congressional division. Section 1. Be it enacted by the General Assembly of the State of Iowa : That whenever any person or corporation RELATING TO CITIES. 57 shall lay out an}’ parcel of land into town or city lots in ac- cordance with chapter 12, title 4, of the Code, such person shall procure from the County Treasurer a certified state- ment that the land thus laid out into lots, streets and alleys is free from taxes, and such proprietor shall also procure a certified statement from the recorder of deeds, that the title in fee to said land is in such proprietor and that the same is free from every incumbrance ; which certified statements shall both be filed with the recorder of deeds before the plat of the said town or city lots shall be admitted to record or of any validity. Sec. 2. The record and plat of every town, city or addi- tion thereto which may be thus laid out, shall give the bear- ing and distance from some corner of a lot, or block in said town or city or part thereof, to some corner of the congress- ional division of which said town or city or addition thereto is a part. Approved, March 18th, 1874. CHAPTEE LI, LAWS OF 1874. AN ACT to authorize cities and towns to provide for the improvement of alleys. Section 1. City Council author- ized to provide for improvement of alleys, on petition of property owners. 2. Contract for work to he let to lowest bidder. 3. Assessments for grading to be a lien on adjacent lots, and may be sold in same manner as provided by law in cases of non- payment of taxes. 4. Council may provide for making the assessment, and col- lecting same. 5. Repeals portion of Sec. 465 of the code. 58 LAWS OF IOWA Section 1. Be it enacted by the General Assembly of the State of Iowa: That the city council or trustees of any in- corporated city or town, organized under special charter or under the provisions of the general incorporation laws of the State are hereby authorized and empowered to provide by ordinance for the improvement of alleys (in said city or town) by grading the same, and for the assessment of the expenses thereof upon the owners of lots or parcel of land abutting on said alley, pro rata according to the front feet of said lots or parcel of land, provided, that such ordinance shall not be adopted except after the presentation to said council of a written petition for the improvement of such alley, signed by a number of the owners of property so to be assessed therefor equal to a majority of the owners of such property. Sec. 2. It shall be the duty of such city council or trustees to require the work of grading such alley to be done under contract therefor, to be entered into with the lowest responsible bidder, provided that all bids for such work may be rejected by such council or trustees, if by them deemed to be exorbitant, and new bids ordered. Sec. 3. All assessments for the grading of alleys under this act shall be a lien upon the lots and lands as- sessed, and shall bear the same rate of interest, and the said property assessed may be sold for payment thereof in the same manner at any regular or adjourned sale, with the same forfeitures, penalties and rights of redemption ; and certificates and deeds on such sales shall be made in the same manner and with like effect as in cases of sales for non-payment of the annual taxes of such cities or towns re- spectively, as now or hereafter provided by law in respect thereto. RELATING TO CITIES. 59 Section. 4 Such city council or trustees may provide by ordinance for the particular mode of making and return- ing the assessment hereinbefore authorized, and payment of such assessments may, if so directed by said council or trustees, be enforced in the manner and by the proceedings provided for by sections 478, 479, and 481 of the code. Section 5. That so much of Sec. 465, chapter 10, title IV , as requires the expense of the grading of alleys to be paid out of the general funds of any incorporated city or town be and the same are hereby repealed. Section 6. This act being deemed of immediate import- ance shall take effect from and after its publication in the Des Moines Register and State Leader, newspapers pub- lished in Des Moines, Iowa. Approved, March 19th, 1874. CHAPTER V, LAWS OF 1874. AN ACT to empower cities and towns to make contracts with rail- roads and bridge companies for the use of wagon bridges across rivers. Section 1, Be it enacted by the General Assembly of the State of Iowa : That all cities situate on am’ river in the State whether organized and existing under special charter or by the general law, and from which to the opposite shore of any of said rivers, a bridge has been, or may be con- structed, by any railroad or other private company, corpor- ation or person, shall have power to contract with the company, corporation or person owning such bridge, for the use of the same as a public highway, jointly with any com- pany, corporation or person, having or desiring the right to use the same for the passage of cars propelled by steam, or otherwise, and in such contract may have the right to assume sole liability for damage to persons or property by reason 60 LAWS OF IOWA of their being on any part of said bridge, or on an approach to either end thereof, caused by the running of cars or locomo- tives by any corporation, company or person entitled to use said bridge, whether such damage results from the negli- gence of the persons engaged in running said cars or locomotives or otherwise ; and to indemnify and save harm- less the owners of said bridge and any or all corporations, companies or persons entitled to use the same, from all liability for damage so caused ; and said city may thereafter manage and control said bridge either as a free or a toll bridge, and prescribe such rates of toll as to it from time to time shall seem proper, and make all necessary police regu- lations for the government of said bridge. Section 2. This act being deemed of immediate import- ance shall be in force from and after its publication in the Iowa Daily State Leader, published in the city of Des Moines, and Dubuque Herald, published in the city of Dubuque. Approved, February 19th, 1874. CHAPTER LXI, LAWS OF 1874. AN ACT in relation to vacation of town plats. Section 1. Be it enacted by the General Assembly of the State of Iowa : That whenever the owners of any piece of land, not less than 40 acres in amount, which has been plat- ted into town lots, and the plat of which has been recorded, shall desire to vacate said plat or part of plat, it may be done in manner following : A petition signed by all the owners of the town or part of the town to be vacated, shall be filed in the clerk’s office of the district court of the dis- RELATING TO CITIES. 61 trict ill which the land so platted lies, and notice of such petition shall be given at least four weeks before the meet- ing of the court, by posting notices in three conspicuous places in the town where the vacation is prayed for, and one upon the court house door of the county. At the term of court next following the filing of petition and notice, the court shall fix a time for hearing the petition, and notice of the day so fixed upon shall be given by the clerk of the court in some newspaper published in the county at least one week before the day appointed for the hearing. At the hearing of the petition, if it shall appear that all the owners of lots in the town or part of town to be vacated, desire the vacation and that there is no valid objection thereto, a decree shall be entered vacating such portion of the town, and the streets, alleys and avenues therein, and for all purposes of assess- ments, such portion of the town shall be as if it had never been platted into lots. Provided^ however, that if any street as laid out on the plat shall be needed for the public use, it shall be excepted from the order of vacation and shall remain a public high- way, and further, jprovided, that this act shall not effect cities of the 1st and 2nd class. Approved, March 21st, 1874. CHAPTER LIV, LAWS OF 1874. AN ACT to authorize the re-survey and platting of city or town plats, or additions thereto in cases where the original plats have been lost and not acknowledged or recorded. Section 1. Be it enacted hy the General Assembly of the State of Iowa : That in all cases where the original town plat of any city, town or village of this state, or any of the 62 LAWS OF IOWA additions to any such city, town or village, shall have been heretofore or may hereafter be lost, mislaid or destroyed after the sale and conveyance of any sub-division, block or lot thereof by the original owner or proprietor, to any per- son or persons before the same shall have been recorded, it shall be lawful for any three persons interested in such city, town, village or additions thereto, to have such original city, town, village or addition to any such city, town or village re- surveyed and re-platted, and such plat made a matter of record as hereinafter set fovth.^ ][)rovided, that in no case shall such re-plat be made a matter of record without the consent in writing endorsed thereon of the original owner or pro- prietor of such city, towm, village or addition thereto, if he be alive and his residence known to those who desire such re-plat recorded. Sec. 2. The county surveyor of any county of this state in which is situate any such city, town, village or addition thereto, as contemplated in section one of this act, is hereby authorized, empowered and upon payment to him of his legal fees by the persons interested, required to re-survey any such city, town, village or addition thereto, and shall make out a plat of such city, town, village or addition so re-surveyed, which plat shall in all respects as near as possi- ble, conform to the original lines of said city, town, village or any addition thereto that may be re-surveyed, and it shall in all respects be made out as required by section 559 of the Code. And in order to the perfect completion of such re-survey and plat, the said surveyor is empowered and au- thorized to subpoena witnesses, administer oaths, and to take evidence touching said original plat, lines or sub-di- visions of said city, town, village or addition thereto sought to be surveyed and re-platted, also as to whether the origi- nal proprietor be dead or living and touching all things necessary to enable him to accurately establish the lines and boundaries of the said city, town, village or addition thereto, and the various sub-divisions thereof. RELATING TO CITIES. 63 Provided^ that in all cases before any such re-survey shall be made, the county surveyor of the proper county shall give four weeks notice in some newspaper published in the county, it there be any, of such contemplated re-survey, and in case there is no such paper published in the county, then by posting up four written notices in four of the most public places in the county, one of which shall be in said district proposed to be re-surveyed. Sec. 3. When the surveyor shall have completed said plat, as hereinbefore contemplated, he shall attach his cer- tificate thereto, to the effect, that said plat is a just, true, and accurate plat of said city, town, village or addition so surveyed by him ; and the said plat and certificate thereto shall be filed for record in the office of the Recorder of deeds of the proper county, and from the date of such filing it shall be regarded and treated in all courts of law and equity in this state, as though the same had been made by lands so re-surveyed and re-platted. Provided, that any per- son or persons deeming themselves aggrieved by said re- survey or re-platting may at any time within six months from the date of filing said plat for record, commence action by bill in chancery in the circuit or district court against the persons employing the surveyor as aforesaid, and set- ting up their causes of complaint and asking that said record be cancelled. Sec. 4. If it shall appear on the trial of said cause that the said city, town, village or addition thereto was original- ly laid out and platted, that the original owner or proprie- tor had sold any or all of the lots of such city, town, village or addition, or that he intended to dedicate to the public the streets, alleys or public squares of such city, town, vil- lage or addition, that the plat thereof had never been recorded, but was lost or mislaid, that the owner or propri- etor is dead, or his residence unknown, and that the re-survey and plat so filed for record, is a substantially 64 LAWS OF IOWA accurate survey and plat of the original re-plat of such city, town, village or addition thereto, then the said bill shall be dismissed at the costs of the complainants, otherwise the court shall set aside said re-plat and cancel the same of record, at the costs of defendants. Approved, March 19th, 1874. CITY ORDINANCES. ORDESTANCB NO. 1. AN ORDINANCE in relation to the City, its Charter and Wards. Section 1. City Charter. | 2. Division into Wards. Sec. 1. Be it ordained by the City Council of the city of Cedar Rapids : That the act of the General Assembly of the State of Iowa, approved July 12th, A. D., 1856, incor- porating the City of Cedar Rapids, with the amendment thereto passed March 3d, 1868, and chapter one hundred and five entitled an act concerning taxes levied hy munici- pal corporations approved March 22d, 1858, and chapter one hundred and eleven of the laws of 1868, approved April 7th, 1868, up to the second part of section 2d, of said chap- ter commencing with the words “The City Council &c.,” and chapter sixty-five of the laws of 1870, approved April 6th, 1870, and so much of chapter sixty-nine of the laws of 1870, approved April 7th, 1870, as is applicable to munici- pal corporations, and chapter twelve of the laws of 1870, approved February 9th, 1870, and chapters one, seventeen, twenty-eight, thirty-one and forty of the laws of 1872, and so much of chapter ten of the Code of 1873, as is applicable to cities acting under special charters, and chapters five, twenty-five, fifty-one, fifty-four and sixty-one of the 15th General Assembly, be, and the same are hereby received, recognized and accepted as the charter of the city of Cedar Rapids. 66 CITY ORDINANCES. Sec. 2. That the city of Cedar Rapids is hereby divided into four wards and bounded as follows, to-wit : FIRST WARD. All that portion of the original town of Cedar Rapids, with all the additions annexed thereto, lying on the east side of the Cedar River, and north and west of the center of Eagle street. SECOND WARD. All that portion of said city lying on the east side of the Cedar River, between the center of Eagle street and the center of Greene street. THIRD WARD. All that portion of the original town of Cedar Rapids with all additions annexed thereto, lying east of the Cedar River, and east and south of the center of Greene street. FOURTH WARD. All that territory lying on the west side of the Cedar River known as West Cedar Rapids, formerly Kingston, with all the platted additions that have been annexed thereto. Passed April 24th, 1874. Attest: A. B. HULL, J. C Stoddard, Mayor. Recorder. ORDIKAKCE KO. 2. AN ORDINANCE establishing the City Seal. Sec. 1. Be it ordained by the City Council of the City of Cedar Eapids : That the seal heretofore provided and used by and for the city of Cedar Rapids, having around the margin eight stars, and the words “Cedar Rapids Seal Iowa,” and having in the center a shield bearing an uplifted CITY ORDINANCES. 67 arm, the hand holding a hammer, with plow and sheaves on the left and a building on the right, with the representation of the sun rising from behind the shield, is hereby established and declared to have been, and now to be the seal of the City of' Cedar Rapids. Passed April 10th, 1874. Attest: A. B. HULL, J. C. Stoddard, Mayor. Recorder. ORUIXAjS^CE no. 8. AX ORDINAXCE relative to the City (.'ouiicil, Sec. 1. C!ity Coimcil. 2 & 8. Majority constitute a quorum, and may be fined for absence. 4. Judges of Election. .5. Keep Journal and prescribe Rules. (). President of Council to act in al)sence of Mayor. 7. Compensation of Members. 8. May expel a Member. 0. Time of holding meetings. 10. Appropriations limited. 11. Style of City Ordinance. 12. Officers take notice, when CRdinances take effect. Sec. 1. Be it ordained hy the City Council of the City of Cedar Rapids: That the City Council shall be composed of the Mayor, and two Aldermen from each ward in said city, wdio, upon receiving notice of their election, shall, before they enter upon their duties, severally take the oath or affirmation prescribed, before some officer authorized to administer the same. Se(\ '1. A majority of the Council shall constitute a quo- rum to do business, but a smaller number, as well as when a niTT ORDlXATsTJES. <^8 quorum is present, may compel the attendance of absent members by sending the Marshal to require their attendance. If they refuse to ccttend after being notihed so to do by the Marshal, they shall be fined in a sum not more than ten dol- lars, and not less than two, which fine wheti entered upon the records of the (Council, shall have the force and effect of a judgment at law, upon which the City Recorder may issue an execution to be placed in the hands of the Marshal for collec- tion; provided, that if such failing member shall at a subse- quent meeting of the Council render an excuse that shall be satisfactory to the Council, he shall be excused. Sec. 8. Idle Recorder shall forfeit and p>ay five dollars for absence from the City Council without sufficient excuse; and in his case the Mayor shall enter judgment, and the judgment shall be deducted from his fees or salary. Sec. 4. The City C'ouncil shall be judge of the election returns and qualification of its members, and shall determine contested elections. Sp]c. 5. The City Council shall keep a jounrnal of its pro- ceedings, which shall be open at all times for inspection; shall determine its own rules of action; set upon its own adjourn- ments; prescj'ibe by resolution the time and place of its ses- sions; protect itself from indignities and interruptions from by-standers; and it shall be unlawful for any person not a member of said Council, to participate in its deliberations, or to address the Council, except when a special permission is granted on motion of some member. Sec. b. In the absence of the Mayor, the President pro- tempore shall preside over the sessions of the (Council, and for the time being perform all the functions of Mayor, subject to the (diarter. Sec. 7. Each member of the (bty CNnincil shall be entitled to a compensation (ft* one dollar per meeting, and not moi*e than thirty dollars a year for the services of each AIdei*man, CTTl’ ()Rn^^'AT^nWS. f>9 and not more* than fifty dollars a ye^.ar for the' service of tfie M ay or. SKei. S. ddiat whenever two-thirds of the whole number of the City Council shall cemciir, the Council may e*xpel any member of said (^)iin(dl for gross disorder, mise'onduct, or repeateMi violations e>f duty, giving the accused, in all erases, an opportunity for defense, anel all such vacaiu'ies shall be* tilled as provided by the City (diarter. Sec. 9. The City (V)uncil shall hold regular meetings on Ki-iday of each week, and during the months of May, June, duly, August and Se])tember, at'/^f oVJock p. m., aiul during the months of October, A'ovember, December, January. Feb- ruary, March and April, at 7^ o’cloe*,k p. ^E. The (kmncil may adjourn a regular meeting to any specified time, and sucJi adjourned meeting shall be considered a regular meeting. The Council may hold s])ecial sessions at the call of the Mayor; and it shall be the duty of the Mayor to call a special meeting whenever he shall be requested to do so by the writ- ten request of four Aldermen. Such special sessions shall be called by a written notice from the AFayor to be served upon each Alderman by the (hty AFarshal. Sec. 10. jSTo contract requiring an expenditure of more than $500 shall be authorized or approved, nor shall any appropriation for one object be made exceeding said sum, at any other than a regular meeting of the Council, nor at any time, unless voted for by a majority of all the Aldermen, and no appropriation of money exceeding $100, for any one object, shall be made at any special meeting of the Council, unless two-thirds of all the Aldermen vote in favor thereof. Sec. 11 . The style of the ordinances of the city shall be: ‘‘]>e it ordained by the City Council of the City of Cedar Kapids,” and all ordinances shall be signed by the Alayor and attested by the Recorder. Sec. 12. The Alayor and other judicial officers shall ex-of- TO ('ITY OKDI NANCES. lirAo take notice of tlie time wlien the ordinances shall have taken effect. Passed Novemher 2Sth, 1850. Attest: ISAAC ^ A. WHTTTAM, I). M. McIntosh, Alavor. Recorder. ORDINANCE NO. 4. AN OliDlNANCE in relation to City Officers, their Election and Appointment. Sioc. 1. Officers — when and how elected. 2. Place of holding elections designated, and (lualihcation of voters specified. :l. Election of Judges of Election and their duties. 4. Vacancies filled. 5. Judges to examine qualification of voters; compensation of Judges and Clerks per day. B. Recorder to give notice to Judges and Clerks, &c. 7. Opening and closing of Polls, and return of Judges. 8. Contesting Elections. 9. In case of tie, new election to ordered. 10. Appointment of Officers, and how chosen. 11. Officers to take oath. 12. Council may remove officers. Se('. 1. Be it ordained hy the City Co uncil of the City of Cedar Rapids: That the Mayor, Aldermen, Recorder, Mar- shal, Treasurer, Police Judge and Chief Engineer of Fire Department, of said city, shall be elected hy the (pialihed voters thereof, at the time, in the manner and under the reg- ulations prescribed in the City (Charter. Se(\ 2. Elections for such officers shall be held at such [)lace in each ward as shall be designated in the Mayor’s jn’oc- lamation; and the voters shall possess the (pialihcations spec- (MTY OKDINANdKS. 71 itied ill the original (hty ( Uiarter, passed 'J uiy 1 2tli, 185t>, and shall cast their votes only in the ward where they reside. Sec. 8. The Chty (lonncil shall elect four of their number as judges of such election, one in each ward, and shall aj^point two or more clerks of said election in each ward; and said judges and clerks shall take an oath, or affirmation, before entering upon their duties, before some officer authorized by law to administer the same, that they will faithfully and impartially discharge the duties of judges and clerks of said election according to law. Sec. 4. If a vacancy occurs in the office of judge or clerk of said election, or if any person appointed declines to serve, or if any judge or clerk so appointed, shall not be present at the proper time for opening the Polls, or shall refuse to act, a majority of the qualitied voters present at the opening of the Polls, may elect a person to fill such vacancy to act as judge or clerk, as the case may be. Sec. 5. The judges shall carefully examine into the quali- fications of all persons offering to vote, and may, when deemed necessary, examine the person offering to vote under oath, touching his qualifications so to vote. Said judges and clerks shall each receive the sum of two dollars foi’ each day employ- ed in holding such election and counting the ballots. Sec. 6 . The Pecorder shall, at least three days before hold- ing any election, cause notice to be given to the persons appointed by the Ch'ty Ooimcil to act as judges and clerks, and shall deliver to one of the judges, Poll-Books, with the necessary certificates in blank, and a ballot-box for each ward. It shall be the duty of the Marshal to provide, at the expense of the city, suitable accommodations for the officers of the election. Sec. T. The Polls shall be opened and closed at the hours named in the 21st Section of the original City Charter, and the judges shall make their returns as prescribed in said sec- tion, accompanied with all the l)allots strung on a string, as counted, replaced in the ballot-box, and locked up, and the 72 (;ITV ORDINANCTiP. President of the Oonncil shall preserve the same unopened, unless called for by the Oity Council, for a period of one month, and longer, if the election of any officer be contested and not previously detenTiined. Sec. 8. Any elector of the city may contest the election of any city officer, and the proceedure shall be in accordance with the law of the State of Lowa, in force at the time, regulating the mode of contesting the election of county officers, so far as the same may be applicable; provided^ that the City Council shall be the tribunal before which said contest slmll be had, unless the election of more than a quorum of said Council shall be contested, in which event the old or retiring Council shall constitute a board to hear and determine said contest, whose decision shall be final. Sec. 9 . Whenever there is a tie between two oi* more pei’- sons for Mayor or other elective officer, it shall be the duty of the Mavor to forthwith issue his r)roclamation for another election of such officers, which in all things shall be notified, conducted and regulated, aiid the retuni thereof made as pre- scribed by this Ordinance. Sec. 10. All city officers whose election is not otherwise provided for, shall receive their appointment frf)m the City ( /Ouncil, and shall be chosen by ballot, a majority of the votes of the whole Council, being necessary to elect; provided^ the Mayor shall only vote in case of a tie, and they shall continue in office until their successors are appointed and qualified. A certificate from the Kecorder shall be evidence of their appoint- ment, and shall be granted under the seal of the city, when demanded by the officer elected. Sec. 11 . Before entering upon their duties, each of said officers shall take and subscribe an oath or affirmation in the presence of the Council, that he will honestly demean himself in office, and faithfully discharge all of the duties imposed upon him by the Charter and Ordinances of the city; which said several oaths or affirmations shall be filed with the Rec(u*der, 78 CITV OKUIiVAXCES. except that of the Keoordei* himself, wliieli shall he filed with the Mayor. Sec. The (dtv (\>iiiicil shall ha\ e powei- l)v a vote of the majority of the whole Council, to i-emove any officer for malfeasance, oi* unfaithfulness in office, or incompetency, when- ever in thei]* judgment, the public good requires such action: but no remo^'al of any officer elected by the people shall take place until the delinquent officei* has been duly notified in wri- ting of the charges against him, and until lie has had an opportunity of defending himself against such charges, which he may do by himself or counsel: provideA, that this Section shall not be construed to prevent the removal of any Deputy Marshal or any Policeman of the city by the Mayor and Mar- shal, as elsewhere prescribed. Passed May 8th. 1874. Attest: ‘ A. P. KUJ.L, (/. Stoodakd, Mayor. Pecorder. OEDIXAAT’E NO. 5. AX OEDIXAXCE relating to the Police ( 'ourt, and in regard to the .iudicial proceedings therein. Sec. ]. Police Court; when to he open. ' 2. Docket; how kept. o. Actions; how coinnienced and prosecuted. 4. Of the Warrant and Arrest, o. Proceedings ; how conducted. (i. Person arrested may give bail. T. When in custody, how confined. -s. Witnesses failing to appear, fined. 9. Witness refusing to answer, or for contenq)t, may be fined. 10. Jury ; their verdict. 11. Fine and commitment. 12. May be compelled to woi k on streets. 74 CITY ORDINANCES. 13. Police Judge to make report to Council : when, and how. 1 4. W itness and J uror F ees. 1.5. Police Judge Fees. 8ec. 1 . Be it ordained by th e City Oo anvil of the City of Oedar Bapids: That the Court of the Police Judge shall be opened daily (Sundays excepted) at the City Hall, for the transaction of business, commencing at nine o’clock a. m. Sec. 2. The Police Judge shall keep a docket in which shall be entered a synopsis of the pi'oceedings of each cause, including the names of the j:>arties, the nature of the informa- tion, the issue of process, date, and return thereof; the appear- ance of the parties; every adjournment, stating at whose instance, and for what time; the trial, wdiether by the Judge or a jury; the verdict and judgment, the issuing of exe- ('ution or mittimus, with the date; the taking and allowance of ajjpeals, and note all motions made, and whether adopted or rejected. Sec. ‘h Penal actions for the N'iolatioii of any of the ordi- nances of the city may be commenced as follows: First — when the matter complained of was committed within the knowledge or view of the Police Judge, he may direct any peace officer to arrest and bring sncli person so otfending, l)efore him forthwith without a warrant. Second — By inform- ation, which shall in all cases be subscribed and t^worn to by the person making the same, and shall contain the name of the accused, if known, and if not, then such name as may be given by the person complaining; also a statement of the acts consti- tuting the alleged offense with the time and place of commit- ting the same as near as may be. Sec. -1-. The information being filed, the Police Judge shall issue a warrant, directed to any peace officer, and the officer receiving the warrant shall serv^e the same foi*thv'ith, by taking the defendant into custody, and bringinghim before the Police Judge; and shall make due return on said warrant; and when any officer shall ha^’e ai*rested a person without a wai’rant, lit' CITY ORDINANCES. 75 shall file with the Judge an information against the person arrested, as required by section three of this ordinance. Sec. 5. The proceedings had in the Police Court of this city shall be conducted in the same manner as is, or may be prescribed by the laws of the State of Iowa in reference to trials and examinations in criminal cases before Justices of the Peace; and parties to suit in said Court, shall be entitled to the same rights, remedies and appeals (except as herein otherwise provided), that are or may be provided by the laws of the. State of Iowa in criminal cases before Justices of the Peace; Provided, that a party shall not be allowed a change of venue in cases of a violation of the ordinances of this city. Sec. 6 . Any person having been arrested by any police officer for a violation of any city ordinance, may be admitted to bail by giving a bond to the city, with security to be approved by the Mayor, Police Judge or Marshal, in such amount as they may specify, conditioned that he will appear before the Police Judge upon a day to be named in the bond, and answer to the accusation for which he has been arrested, and not depart the court without leave. Said bond shall be filed in the office of the Police Judge, and if the defendant fail to appear according to the conditions thereof, the Police Judge may enter judgment against the principals and sureties, for the penalty of the said bond, and all costs, and shall issue execu- tion, if not paid. Sec. T. a party who is in custody, and cannot be tried on account of the absence of vdtnesses, or other sufficient cause, may, in the discretion of the Police Judge, be required to give a bond for his appearance at trial, as provided in section six of this ordinance, and on failure to do so, may be confined in the city calaboose till such trial; Provided.^ however, that if such continuance is had at the instance of the city, such person shall not be confined (except when Sunday intervenes), over forty- eight hours. Sec. 8 . Any witness failing to appear after being duly 76 CITY ORDINANCES. summoned on a subpoena issued by the Police Judge, may be compelled by attachment to attend, and shall be fined in a sum not exceeding ten dollars, for contempt of court, together with the costs of the attachment. Sec. 9. A witness appearing, who shall refuse to be sworn, or who shall refuse to answer any question deemed proper by the court, not inconsistent with or exempted by the State laws, and all persons who shall conduct themselves contemptuously toward the court, or shall by noise or otherwise, hinder or dis- turb the proceedings of the court may be fined in any sum not exceeding fifty dollars and costs. Sec. 10. That whenever a case is tried by a jury, their ver- dict in all cases for a violation of city ordinances shall be in the following form: We, the jury, find the defendant (guilty or not guilty, as the case may be), of the ofiense charged.” Sec. 11. Whenever any person charged with a violation of any ordinance of the city, pleads guilty, or upon trial, either by the Police Judge or a jury, is found guilty, the Police Judge shall render a judgment that the defendant be fined (according to the nature of the offense charged, and the penalty prescribed by tlie ordinance, for the violation of which the defendant has been covicted), in a sum not exceeding one hundred dollars, and that the defendant be committed to the city calaboose till said fine and costs are paid; and if the fine and costs are not paid at the time of the rendition of the judg- ment, or an appeal taken, then it shall be the duty of the Police fludge to issue a mittimus committing said defendant to the city calaboose (or if he cannot be confined therein, then to the jail of Linn County) till said fine and costs are paid, or till dis- charged by due course of law. Sec. 12. Any person, who in default of the payment of a fine and costs, has been committed to the city calaboose, sliall until payment thereof, be confined at the rate of one day foi* each twenty-five cents of such fine and costs; and any able- bodied male person over the age of sixteen years and not ovei- CITY ORDINANCKS. 7T tlie age of fifty years, conirnitted as aforesaid, inay, at the dis- eretion of the Police fhidge, be compelled to lal)or on the streets or other places, under the direction of the Marshal and Street Commissioner; and any person so performing said laboi’ upon the streets or elsewhere, shall, in lieu of the sum afore- said, be allowed the sum of one dollar and fifty cents per day for each day’s work that he shall faithfully perform, to be cred- ited upon the amount of his tine and costs; and any person committed to the calaboose for the non-payment of fine and costs, who is able to work, and refuses when required to do so, shall be kept on bread and water during such refusal to work. Sec. 13. That it shall be the duty of the Police Judge to furnish the City Council, at its first meeting in the months of January, April, July and October, and also at the close of his official term, with a full report of the number of criminal cases, whether arising under the ordinances of the city, or the laws of the State of Iowa, also the amount of fines imposed, and those collected under the city ordinances; also the number of cases in which judgment was rendered against the city, and amount of costs in each case during the preceding quarter; and to pay over to the City Treasurer, monthly, on the first day of each month, all moneys collected as fines and forfeit- ures. Sec. 14. W itnesses and jurors in the Police Court, shall be entitled to the same fees as are or may be allowed under the State laws for attendance and services before Justices of the Peace. Sec. 15. The fees of the Police Judge for services in all cases when the city is plaintiff, or for violation of city ordi- nances, shall be the same as are or may be allowed to Justices of the Peace in criminal cases, under the laws of the State of Iowa; said fees to be imposed and collected wdth other costs, from the defendant, in cases in which judgment i^ rendered against the defendant; and in cases where judgment is render- ed against the city, or the costs are not paid by the defendant. 78 Om* OliDINANGES. the fees of the Police Judge shall be paid out of the City Treasury. Passed September 11th, 1874. Attest: A. B. HULL, J. 0. Stoddard, Mayor. Recorder. ORDmAJ^^CE NO. 6. AN ORDINANCE relative to the City Revenue. Sec. 1. Taxes levied, not to exceed one per cent, in any one year. 2. Road Tax. 3. Poll Tax. 4. Taxes, how assessed ; duty of Assessor. 5. Penalty for failing to make out list. 6. Merchandize, how valued. 7. Recorder shall publish notice of assessment and levy. 8. Persons aggrieved by taxation may appeal to Council within thirty days. 9. Taxes, how collected. 10. On refusal or neglect to pay. Collector shall proceed by dis- tress and sale. 11. Same ; manner of. 12. Penalty for resisting Collector. 13. Delinquent, when, and lien upon personal property. 14. When delinquent. 15. Penalty for non-payment within time prescribed. 16. Advertisement and sale. 17. Certihcate of purchase. 18. Failure to pay for purchase. Collector shall sell again. 19. If no bid sufficient to satisfy claim, to add to tax of succeeding year. 20. Sale Book to contain list of property sold, and not sold. 21. Treasurer shall file in office of Recorder, notice of Tax Sale, lands sold, names of purchaser, &c. 22. Persons owning certificate may pay taxes thereafter. 23. How property may be redeemed before three years expire. 24. Tfeasurer to execute deed ; when. 25. Treasurer to make entry of property conveyed. 26. Property owned by city not liable to tax. 27. Taxes a lien upon real estate ; when. 28. Repealing clause. CITT ORDINAKCKS. 79 Sec. 1. Be it ordained hy the City Cou ncil of the City of Cedar Rapids: That for the purpose of defraying the current expenses of the City of Cedar Kapids, there shall be levied by the City Council, in each year, upon’ all the property within the city, which is liable for State and County Taxes, and including improvements upon such property, such tax as the City Council may, by resolution or ordinance determine ; but not to exceed one per cent., during any one year upon the assessed value of the property assessed, for the year such tax may be levied. Sec. 2. There shall annually be levied upon all the real estate and personal property in this city, liable by law to tax- ation, a road tax equal in amount, in each year, to the amount which shall be levied by the Board of Supervisors of Linn County, as a property road tax. Sec. 3. There shall annually be levied at the same time that the tax on real estate and personal property is levied, a poll tax equal to two days labor, at the rate that shall be allowed for that year by the township Trustees of Bapids Township, as provided for in Section Xo. 969 of the Code of 1873, against every able-bodied male resident of this city between the ages of twenty-one (21) and fifty (50) years. Sec. 4. That the City Assessor shall, on or before the 1st day of June, in each year, make out a list of all the real estate and personal property liable to taxation in the city, together with an assessment thereof, including the improvements on . real estate at cash value; and such Assessor is hereby author- ized to administer an oath to any person as to the amount of such property, whenever he may deem it expedient. Such list shall set forth the name or names of the owner or owners of each lot or parcel of ground, and the value thereof, inclu- ding the improvements thereon; or if the owner is not known, such lot or parcel of ground shall be described as belonging to “ owner unknown,” and shall express the amount of personal 80 CITY OKDINANCE8. property by its cash value, under seperate heads, as required in the assessment for County and State purposes. Sec. 5. When any person required by the laws of the State to assist in making out a list of his property, fails so to do from absence or sickness, and any person required so to do. or to take and subscribe the oath required, the Assessor shall ascertain, according to the best information he can obtain, the number and value of the several species of property required to be assessed; and any person who shall refuse to assist in making out a list of his property when required by the Assess- or, or to subscribe the oath required by law, shall forfeit ten (10) dollars to be recovered in the name and for the use of the city. Sec. 6 . That in estimating the value of property employed in merchandise, the Assessor shall adopt as a criterion of the value thereof, the average value of such property in possession or under the control of any merchant during the year next pre- vious to the time of assessing, or if not in business so long, that he shall take the value of the property at the time of making the assessment, and all goods sold and capital employed by any person in business, shall be taxed to the person selling and doing buiness with the same. Sec. 7. So soon as the Assessor shall have completed the tax list, he shall deliver the same into the hands of the City Recorder, who shall immediately publish a notice of assessment and levy of the tax, and the rate thereof, in general terms, without description of the property, in some newspaper pub- lished in the city, for thirty days. Sec. 8. Any person aggrieved by the assessment or taxation of his real or personal property, shall have the right to be heard by the City Council as to the same, at any regular meeting of the said Council, during the said thirty (30) days of the publication of the tax list, and the Council shall have full power to alter and correct such assessment or tax as to them, upon investigation, may seem equitable and just; and as CITY ORDINANCES. 81 soon as the tax list shall have been corrected and approved, and at the expiration of the thirty days notice, the Mayor shall endorse upon each list or roll the word “ approved,” with the date of approval, signing the endorsement as Mayor, upon which approval and endorsement all taxes shall at once become due and liable to be collected. Sec. 9. That immediately after the approval and endorse- ment of the tax list, the City Recorder shall deliver them to the Collector, taking from him a receipt therefor, specifying the amount due thereon, and the Collector shall, upon receiving such tax list, proceed to collect the same forthwith, giving to each person, who shall pay his taxes, a receipt, which shall express the tax and amount paid, and mark the word ‘‘paid ” on said list against the name of every person or unknown owner upon whose property the tax is paid. Sec. 10. That if any person shall neglect to pay his or her tax, after the same shall have become liable to be collected, and after demanded by the Collector, the Collector shall pro- ceed to levy and collect the same by distress and sale of any personal property liable to taxation, with the same notice and proceedings as the law of the State may require of constables in cases of sale of personal property on execution. Sec. 11. Where the Collector distrains goods or personal property, he may keep the same at the expense of the owner, and shall give notice of the time and place of sale within five days after the taking, as provided for in the preceding section, but he may adjourn the sale from time to time, not exceeding five days each time, and shall adjourn at least once when there are no bidders, and in case of an adjournment, he shall put up a notice thereof at the place of sale. Any surplus remaining when the taxes, interest, charges of keeping and fees for sale are paid, shall be returned to the owner, and the Collector shall, on demand, render an account in writing of the sale and charges. Sec. 12. [f the Collector be resisted or impeded in the 82 CITY ORDINANCES. execution of his office, he may require any suitable person to assist him therein; and if such person refuses the aid, he shall forfeit the sum of ten (10) dollars, to be recovered in a civil action in the name of the city of Cedar Rapids, and the person resisting shall be deemed guilty of a misdemeanor, and shall be liable, as in cases of resisting any of the city officers, as pro- vided in Section 24 of the Ordinance 14o. 7 of this city. Sec. 13. On the first day of February in each year, unpaid taxes, of whatever description, for the preceding ' year, shall become delinquent, and taxes upon real property are hereby made a perpetual lien thereon against all persons except the United States and the State of Iowa; and taxes due from any per- son upon personal property shall he a lien upon any real prop- erty owned by such person, or to which he or she may acquire title. Sec. 14. All real estate in this city, upon which any taxes shall remain unpaid and delinquent on the first day of Febru- ary in each year, shall be sold for the payment of taxes un- paid at the time of sale. Sec. 15. The Treasurer shall continue to receive taxes after they have become delinquent, until collected by distress and sale; but if they are not paid before the first day of March, he shall collect in addition to the tax, of each tax-payer so delin- quent, as a penalty for non-payment, at tlie rate of one per cent, a month on the amount of tax for the first three months, and two per cent, a month thereafter until said tax is paid or the property taxed shall be sold as hereinafter provided. And when any lot, out lot or parcel of land shall have been advertised for sale, twenty-five cents additional shall be charged and col- lected for the advertisement of any such lot, out lot or parcel of land or any portion thereof Sec. 16. On tlie first Monday in June in each year here- after, the Treasurer is required to ofier at public sale, at the City Hall, in said city, all lands, town lots, or other real prop- erty on which taxes of any description for the preceding year CITY ORDINANCES. 83 or years shall have been delinquent and remain due and unpaid, and such sale shall be made for and in payment of the total amount of taxes, interests and costs due and unpaid on such real property. The Treasurer is required to give notice of the sale, b}^ publishing an advertisement thereof in some newspaper printed in the city of Cedar Rapids, and by posting up a copy of said notice on the door of the City Hall, at least four weeks before the day of sale, which publication is required to be made once in each week for three successive weeks, the last of which publications is required to be at least three weeks prior to the day of sale. Such advertisement shall state the time and place of sale, and contain a description of the several pieces of real property to be sold, as the same are recorded on the tax list, the amount of taxes for each year, and the amount of interest and costs against each tract and the names of owners when known, or persons if any to whom taxed. The Treasurer is directed to charge and collect, in addition to the taxes and interest, the sum of twenty-five cents on each tract of real property advertised for sale. Such sale shall take place between the hours of 9 o’clock in the forenoon and 5 o’clock in the afternoon, and may be adjourned from day to day, (Sundays excepted), not exceeding 10 days at any one time, until all the real estate is sold, Due notice of the time to which the adjournment is made shall be given at the time of adjournment, and also by keeping a notice thereof posted up in a conspicuous place in the City Hall. On the day fixed for re-opening the sale, proceedings shall be had as provided for the sales at the commencement thereof. Sec. 17. The Collector shall proceed at the time and place of sale, and on the day specified in said notice, to sell said real estate at public auction to the highest bidders, or so much thereof as will pay the taxes and the interest at the rate of twenty-five per cent, per annum from the time the same be- came liable to be collected, with costs of such sale assessed thereon, together with the sum of twenty-five cents for advertis- 84 CITY OEDINANCES. ing the same as hereinbefore provided ; and at said sale, he who bids the amount due for the least quantity of the lot, out lot, or parcel of land, will be the purchaser, and the manner of ascertaining the portion of lot, out lot, or parcel of land bid for, shall be the same as provided in the State Revenue Law, and the Collector shall execute and deliver to the purchaser, on receipt of the sum bid, and the further sum of fifteen cents and the cost of revenue stamp, when required by law, a certif- icate of purchase similar to and having like effect as a certifi- cate of sale of real estate for taxes executed in like case by the County Treasurer. Sec. 18. If the purchaser of any lot, out lot, or parcel of land, fails forthwith to pay the Treasurer the amount of taxes, interest, costs and charges on the same, the said lot, out lot, or parcel of land, shall at once again be offered for sale in the same manner as if no such sale had been made. The payment at such sale may be made in the same I'unds receivable by law by the County Treasurer, in receiving payment of taxes. Sec. 19. Whenever the Collector shall offer for sale any lots, or parcels of land, for the payment of delinquent taxes, and no person shall bid for the same, or not enough to satisfy the claim thereon, he shall not again offer the same for sale at the then annual tax sale, (unless requested by some who wish- ed to bid on the same or a part thereof, for the whole amount due against it,) and it shall be the duty of the Assessor the next succeeding year, when making the levy of taxes for the then current year, to add to the tax then being levied on such lots, parcels of lots, out lots, or parcel of land, the amount of delinquent tax of the preceding year, with interest and costs then due on the same, as hereinbefore provided, and it shall be collected with the taxes due for such year; and should the tax continue delinquent and unpaid until the next annual tax sale, and no one bid for such lots, parcel of lot, out lot, or par- cel of land, then it shall be the duty of theCollector to strike the same off’ to the city of Cedar Rapids, for the amount required. CIITT ORDINANCES. 85 and shall execute to the city a certificate, similar and of like effect as those executed to any other person or purchaser. Sec. 20. When the Collector has concluded the sales of real estate of each year, he shall enter in a book kept for that purpose, a complete list of such sales with a description of the lot, out lot, or any parcel of land thereof sold, the name of the purchaser, the amount for which the same was sold; he shall also make a correct list of any lot, out lot, or parcel of lands not sold, and a correct list of any and every lot, out lot, or par- cel of land or any part thereof, sold to the city as hereinbefore provided. * Sec. 21. The Treasurer shall, on or before the 1st of August of each year, file in the office of the Recorder of the City Council, a copy of the notice of such tax sale published in one of the newspapers aforesaid, with a certificate verified under oath, that said list was published as the city ordinance requires; also a list of the lots or parcels of land sold, the names of the purchasers and the sums paid by them, together with a due return of the whole sale; and the Recorder shall copy, or cause to be copied, into the record of the tax sales, so much of the return of the Treasurer as will show the time of the sale, a description of the real estate and the amount of the taxes and costs for w’'hich the same was sold, and the names of the purchasers thereof. Sec. 22. Any person ovming the certificate of purchase of any lot, part of lot, out lot, or parcel of land, at any such tax sale, may^pay the taxes due on the real property described in such certificate, of any future year after the same shall have become delinquent, by paying all taxes against the same with interest, costs and charges, as required by this ordinance. Sec. 23. Real property sold under the provisions of this act may be redeemed at any time before the expiration of three years from the date of the sale, by the payment to the City Treasurer of the amount for which the same ’was sold, and twenty per centum of such amount immediately added as 86 CITY OKDINANCES. a penalty, with ten per cent, interest per annum on the whole amount thus made from the day of sale, and also the amount of all taxes, interests and costs paid for any subsequent year or years, and a similar penalty of twenty per centum added as before on the amount 'of the payment for each subsequent year, with ten per cent, interest per annum on the whole of such amount or amounts from the day or days of payment ;unless such subsequent taxes shall have been paid by the person for whose benefit the redemption was made, which fact may be shown by the Treasurer’s receipt; and provided further, that such penalty for the non-payment of the taxes of any such subsequent year or years, shall not attach, unless such subse- quent tax or taxes shall have remained unpaid until the first day of March after they have become due, so as to have become delinquent. Sec. 24. After the expiration of three years from the day of sale of any lot, out lot, parcel of land, or any portion thereof, as aforesaid, which may have been sold, and a certificate of purchase given therefor, the holder of such certificate, on pre- sentation of the same to the Treasurer, and on proof of the right of such holder to receive a deed therefor, the Treasurer shall execute and deliver to such person a deed of the premises in said certificate described, which deed shall be similar in form and substance as like deeds made in such cases by the County Treasurer, and for wliich deed the Treasurer shall be entitled to receive, at the time of delivery, the sum of fifty cents and the costs of the revenue stamp, if any is requir- ed, which deed shall convey the title and be of like effect as deeds made by the County Treasurer as approved by law. Sec. 25. The Treasurer shall make an entry in a sale book, provided for that purpose, of the lot, out lot, or parcel of land, or any portion thereof which he may convey by deed as above provided. Sec. 26. Any and all real or personal property owned by the city, whether obtained by purchase at tax sale or other- CITY ORDINANCES. 87 wise, shall not in any manner be liable to taxation under this or any other ordinance, as long as the same is owned by the city. Sec. 27. All taxes upon real estate provided for by this or any other ordinance passed or to be passed by the City Coun- cil, shall, as between vendor and jmrchaser, become a lien upon such real estate on and after the first day of ^7ovember in each year, and on personal property on and after the first day of June in each year. Sec. 28. Any and all ordinances, or any part thereof, con- flicting with this ordinance, are hereby repealed. Passed June 20th, 1868. Attest: J. P. COULTEP, D. A. Bradley, Mayor. Pecorder. OPDIISTAXCE P'0. 7. AN OEDINANCE defining and punishing misdemeanors. Sec. 1. Unlawful assemblage of persons. 2. Disturbing the peace. 3. Disturbing congregation or lawful assemblage of people. 4. Same. 5. False alarm of fire. 6. No person shall appear in nude condition or improper dress. 7 . Bathing in Cedar Eiver between certain hours. 8. Penalty for indecently exhibiting male animals ; fine a lien. 9. Keeping gambling room, or set up gambling device. 10. Keeping bawdy house, or house of ill-fame. 11. Eiding or driving beyond a moderate gait. 12. In case of persons meeting, turn to the right. 13. Driving on side-walk, or hitching to fence or tree. 14. Digging vault, or area, and leaving open. 88 CITY ORDINANCES. 15. Construction of gutters and water pipes. 16. Leaving open cellar door or vault. 17. Obstructing streets. 18. Placing cord wood, &c., on side walks and streets, &c. 19. Placing filth or trash on any public place. 20. Removing sand, earth or stone from streets, alleys, &c. 21. Placing coal, firewood, &c., on sidewalk prohibited. 22. Injuring trees, posts, fences, &c. 2.S. Defacing, tearing dov/n or destroying ordinances or notices. 24. Falsely representing to be an officer. 25. Permitting quarreling, fighting, &c., in any house or premises. 26. Desecration of the Sabbath. 27. Vagrant, mendicant, beggar, gambler, or common prostitute. 28. Drunkenness. 29. Destroying gaming devices. 30. Keeping gambling house or place. 31. Persons found in brothel or house of ill-fame. 32. Ko person shall vend poison, &c. 33. Flying kites, rolling hoops, &c. 34. Persons collecting on sidewalks. •35. Throwing missiles. 36. Conviction and prosecution, fine and imprisonment. 37. Obstruction of sidewalk in case of importation, and removal of goods. 38. Fines, cost and imprisonment. 39. Repealing clause. Sec. 1. Be it ordained hy the City Council of the City of Cedar Rajpids: That any three or more persons who shall in this city assemble together with an intent, or being assem- bled, shall mutually agree to do an unlawful act with force or violence against the property of this city, or the person or property of another, or against the peace or to the terror of others, or shall make preparation or movement therefor; and every person present at such meeting or assembly, who shall not endeavor to prevent the commission or preparation of such an unlawful act, shall be deemed guilty of a misdemeanor. Sec. 2. Whoever shall in this city, wilfully disturb the peace of others by violent, tumultuous, offensive or obstrepe- rous conduct or carriage, or by loud or unusual noises, or by unseemly, profane, obscene, or offensive language calculated to provoke a breach of the peace, or by assaulting, striking, or fighting another; and whoever shall in this city permit any such conduct in or about a house owned or possessed by him, or under his management and control, so that others in the CITY OKDmANCES. 89 vicinity are disturbed thereby, shall be deemed guilty of a misdemeanor. Sec. 3 . Whoever shall in this city disquiet or disturb any congregation or assembly met for religious worship, by mak- ing a noise, or by rude and indecent behavior, or profane dis- course within their place of worship, or so near the same as to disturb the order or solemnity of the meeting, shall be deemed guilty of a misdemeanor. Sec. 4. Whoever shall in this city disturb any lawful assemblage of people, by rude and indecent behavior, or other- wise, shall be deemed guilty of a misdemeanor. Sec. 5. Whoever shall in this city wilfully give a false alarm of fire, shall be deemed guilty of a misdemeanor. Sec. 6 . Whoever shall in this city appear on any public place in a state of nudity, or in a dress not belonging to his or her sex, or in any indecent or lewd dress, or shall make any inde- cent exposure of his or her person, or be guilty of any indecent or lewd act, or behavior, or shall exhibit or sell, or offer to sell, any indecent or lewd book, picture or thing, or shall exhibit or perform any indecent, immoral or lewd play or other repre- sentation, shall be deemed guilty of misdemeanor. Sec. T. Whoever shall bathe, wash, or swim in the Cedar Kiver, or in any other water course, pond, or pool in this city, between one hour before sun rise and one hour after sun set, being naked, or insufiiciently clothed to prevent improper exposure of his or her person, shall be deemed guilty of a misdemeanor. Sec. 8. Whoever shall in this city indecently exhibit, or cause to be so exhibited, any stallion, jackass, or bull, shall be deemed guilty of a misdemeanor; and all judgments against offenders under this section, shall operate as liens upon the animals exhibited, for the amount of fine and costs. Sec. 9. Whoever in this city shall keep any gambling room, or set up or keep any gambling table, or gambling device, in or at which any game of chance shall be played for 90 CITZ ORDINANCES. money or property, or shall at any such table or device, or at any game of chance, bet, win, or lose any money or property, or by means of anything representing the same, or suffer the same to be done in or about his premises, or shall suffer any such gambling room to be kept in any tenement in his posses- sion or under his control, or shall suffer any such table or device at which any game of chance is played, to be set up or used in any tenement in his possession or under his control, shall be deemed guilty of a misdemeanor, and shall, upon con- viction, be fined not less than fifty dollars, and it shall be the duty of the Mayor, on receiving satisfactory information of any such table or device being so set up and used, to issue his warrant to the City Marshal, commanding him to destroy the same, which warrant shall be immediately executed. Sec. 10. Whoever shall in this city keep a bawdy house, house of ill-fame, or assignation, or shall permit any tenement in his possession, or under his control, to be used for any such purposes, shall be deemed guilty of a misdemeanor, and on conviction thereof, be fined not less than fifty dollars. Sec. 11. Whoever shall in this city, ride or drive any beast of burden in any highway, thoroughfare, or public place, quicker than beyond a moderate gait, unless in case of urgent necessity, or shall ride or drive any such animal so as to cause such animal or vehicle attached thereto, to come in contact or in collision with, or strike any other object or person, or shall leave any such animal standing in any public place without being fastened, or so guarded as to prevent its running away, or shall turn any such animal loose in any such thoroughfare, or shall inhumanly, unnecessarily or cruelly beat, injure or otherwise abuse any dumb animal, shall be deemed guilty of a misdemeanor. Sec. 12. In all cases of persons meeting each other in vehicles in any highway or thoroughfare in this city, each per- son so meeting shall turn ofi* and go to the right side of such highway or thoroughfare, so as to enable such vehicles to pass CITY ORDINANCES. 91 each other without accident; whoever shall violate this section, shall be deemed guilty of a misdemeanor. Sec. 13. Whoever shall in this city, lead, drive, ride, or place any beast of burden, or vehicle, on any sidewalk or foot way, otherwise than going in or out of premises owned or occupied by him or his employer, or shall hitch or fasten any animal to any fence, or shade or ornamental tree, lamp post or awning post, or shall hitch or fasten any animal to any fence, boxing, or other protection around any such shade or orna- mental tree, not belonging to him or his employer, shall be deemed guilty of a misdemeanor. Sec. 14. Whoever shall in this city, dig, or cause to be dug, a vault in any highway, thoroughfare, or sidewalk, and shall not arch or cover the same over, and secure the grating or covering of the opening thereof in such a manner as to pre- vent persons, animals and vehicles from falling therein, shall be deemed guilty of a misdemeanor. Sec. 15. Whoever owning or occupying any building in this city, shall not cause the pipes conducting the water from the eaves of the building, to be so constructed as not to spread the water over the sidewalks, shall be deemed guilty of a mis- demeanor. Sec. 16. Whoever in this city shall keep, or leave open any cellar door, or grating, or covering of any vault, on any highway, thoroughfare, or sidewalk, or shall suffer any such door, grating, or covering, belonging to premises occupied by him in any such place, to be in an insecure condition whereby passengers may be in danger of falling into a cellar, vault, area or other place, shall be deemed guilty of a misdemeanor. Sec. it. Whoever shall in this city, in any way obstruct any street, lane, alley, road, or thoroughfare,by placing therein any stone, manure, or other thing, so as to render the traveling on said place impassable, or difficult, or dangerous, or whoever shall in this city, obstruct any sidewalk, alley, or public square, by placing, or causing to be placed thereon, any cordwood. 92 CITY ORDINANCES. timber, lumber, or stone, or any other species of property or thing, shall be deemed guilty of a misdemeanor. Sec. 18. Whoever shall in this city, place, or cause to be placed, on any of the streets, alleys,. sidewalks, or public squares, any cordwood, timber, lumber, stone, or any other species of property or thing, and shall suffer the same to remain more than twenty-four hours after being notified by the Marshal to remove the same, shall be deemed guilty of a misdemeanor. Sec. 19. Whoever shall in this city, place, or cause to be placed upon any of the public streets, alleys, sidewalks, squares, or thoroughfares, or upon the premises of any other person, or upon any vacant lot, any filth, carrion, trash, or any nuisance of any kind, shall be deemed guilty of a misde- meanor. Sec. 20. Whoever shall in this city, remove any sand, earth, stone, or rock, tree, or shrub, from any of the streets, alleys, sidewalks, or. thoroughfares, or from any public square, or lot, or ground belonging to said city, or to any other per- son, without permission from the City Council, or such other person, shall be deemed guilty of a misdemeanor. Sec. 21. Whoever shall in this city cast, throw, or place upon any sidewalk, any stone, coal, firewood, or other material, or permit to be sawed, any firewood upon any sidewalk, shall be guilty of a misdemeanor. Sec. 22. . Whoever shall in this city wilfully cut, hack, or otherwise injure any lamp post, awning post, ornamental or shade tree railing, fence, or other enclosure, or any property not belonging to him, shall be deemed guilty of a misde- meanor. Sec. 23. Wlioever shall in this city, deface, obliterate, tear down, or destroy, in whole or in part, any ordinance, adver- tisement, or notice posted up by order of the City Council, or by any of the officers of the city, shall be deemed guilty of a misdemeanor. Sec. 24. Whoever shall in this city falsely represent him- CITY ORDINANCES. 93 self to be an officer of this city, or shall, without being duly authorized by the city, exercise or attempt to exercise any of the duties, functions, or powers of a city officer, or shall ob- struct hinder or resist, oi' otherwise interfere with any city officer, in the execution of his duties, shall be deemed guilty of a misdemeanor. Sec. 25. Whoever shall in this city suffer or permit any hallooing, quarreling, fighting, profane or obscene language,' or conduct, or any unusual noise, or affray, in any house or upon any premises owned, occupied, possessed or controled by him, in such manner as to disturb the neighborhood or per- sons passing along the streets, shall be deemed guilty of a mis- demeanor. Sec. 26. Whoever shall in this city, on Sunday, sell, show- fbrth, or expose to sale, any kind of goods, wares, or merchan- dise, wines, malt or sjDirituous liquors, or chattels of any kind, or shall open any store, grocery, recess, room, apartment, saloon, or shop, for the sale of malt or spirituous liquors, or any other commodity, or shall allow persons to congregate therein, on any such day for the purchase or use of any such wine, malt or spirituous liquors, or any other beverage or commod- ity whatever, or for any purpose by which the Sabbath shall be desecrated, or the public peace in any manner disturbed, or for the purpose of playing any game of chance, at cards or dice, or any games by which money, or property, or anything of value may be lost or won, shall be guilty of a misdemeafior ; Promded^ it shall be lawful for druggists to sell medicines at all hours, and for dealers in bread, milk, or ice, to sell these articles before nine o’clock in the morning and after four o’clock in the evening; ^provided further, excepting cases of necessity and charity, and as to persons observing the sev- enth day of the week. Sec. 27. Every person found in this city, being a vagrant, mendicant, street beggar, gambler, or common prostitute, shall, upon conviction, be deemed guilty of a misdemeanor*. 94 CITY 0KDIITANGE8. Sec. 28. Any person found drunk or intoxicated in any private house or place in this city, to the annoyance of any citizen or person, shall he deemed guilty of a misdemeanor. Sec. 29. The Mayor, Marshal, or Policemen of this city, may seize, or direct to be seized, any instrument, device or thing, used for the purpose of gaming, or by, on, or with which, money or other articles of value may be lost or won, and all such instruments, devices, or things, may be destroyed under the direction of the Mayor. Sec. 30. If any owner or keeper, or any other person with- in any gambling house, room or place, or any house of ill -fame within this city, shall refuse to permit the Mayor, Marshal, or City Policeman, to enter the same, they shall be deemed guilty of a misdemeanor, and it. shall be lawful for the Mayor, Marshal, or City Policeman to enter the ' same, or cause the same to be entered by force by breaking the door or other- wise, and to arrest with or without warrant, all suspicious persons found therein. Sec. 31. Any person who shall be found in any brothel or house of ill-fame, shall be deemed guilty of a misdemeanor. Sec. 32. Ho person shall vend, give or deliver, within this city, any deadly knowing the same to be such, with- out marking the same in legible characters, ^^Poison^^’’ and any person who shall bring into this city, or being in the city, shall sell, or expose, or offer for sale, any unclean or unwhole- some food, such as butter, or meat, or anything used as food in whole or in part ; any person violating this section shall be deemed guilty of a misdemeanor. Sec. 33. Any person who shall fly any kites, or roll any hoops, or shall participate in any sjDort, or exercise, on any street, alley, or avenue in this city, devoted to business, or on which there is much travel, likely to frighten horses, injure any persons, or embarrass the free passage of vehicles on any such places, shall be deemed guilty of a misdemeanor. Sec. 34 Ho group or company of men, or boys, shall col- CITT ORDINAITCES. 95 lect together on any sidewalk, so as to obstruct the free pas- sage thereon, and it shall be the duty of the owner or occupant of such premises, and the officers of the city to disperse such gathering, and any person or persons, who shall neglect or refuse to disperse at the request or command of such owner or occupant, or of the Mayor, Marshal, or Policeman, shall be deemed guilty of a misdemeanor. Sec. 35. Whoever shall wdlfully or carelessly throw any stone, or stick, or other missile, whereby any person may be, or shall be hit or hurt, or any wdndow broken, or other prop- erty injured, shall be deemed guilty of a misdemeanor. Sec. 36. Whoever shall be convicted of a misdemeanor, under any of the provisions of this ordinance, in a case where no specified penalty is prescribed, shall be fined not less than one, nor more than one hundred dollars, and the person so fined, shall be imprisoned as provided by Ordinance l^o. 5, until the fine and costs of prosecution are paid, unless otherwise ordered by the City Council, and it shall be the duty of the court or magistrate before wffiom such ofiender is convicted, to enter as a part of the judgment, an order, that the person so fined be committed to said jail until the fine and costs are paid, but the imprisonment shall not exceed thirty days. Sec. 37. Section eighteen of this ordinance shall not apply to cases of the removal, or imjDortation of goods, w^ares and mer- chandise, where the same may not remain an obstruction more than twenty-four hours, and do not occupy more than one- third of the space of the side-walk from the building to the gut- ter, nor to any case of building, or repairing any building where such obstruction does not occupy more than one-third of the street. Sec. 38. In every case where any person is convicted of any offense against the city, which is punishable by fine, the offender shall be imprisoned as provided by Ordinance Xo. 5, until the fine and costs are paid, unless otherwise ordered by the City Council, and the court before which such offender 96 CITY ORDINANCES. is convicted shall enter judgment as provided in Section number thirty-six of this ordinance; hut the imprisonment shall not exceed thirty days. Sec. 39. All ordinances, or parts of ordinances conflicting with this ordinance are hereby repealed. Passed April 20th, 1868. Attest: J. P. COULTEK, D. A. Bradley, Mayor. Kecorder. OKDmAACE hTO. 8. AN OKDINANCE prohibiting the sale of Intoxicating Liquors. Sec. 1. No person shall sell except under laws of the State. 2. Selling contrary to provisions herein, a misdemeanor ; penalty for 1st, 2d and 3d offense. 3. Information; judgment on separate informations. 4. Duty of officers, failure, to work forfeiture of his office. 5. Special duty of City Attorney. Sec. 1. Be it ordained hy the City Council of the City of Cedar Bapids: That no person shall in this city, sell or retail, by himself, his clerk, servant or agent, directly or indi- rectly, any intoxicating liquors, except in manner or form, as now is, or may be permitted under, and by virtue of the laws of the State of Iowa. Sec. 2. If any person, by himself, his clerk, servant or agent, shall for himself or any person else, directly or indi- rectly, or on any pretence, or by any device, sell or retail, or in consideration of the purchase of any other property, give to any other person, any intoxicating liquor as prohibited in section one of this ordinance, he shall be deemed guilty of a CITY ORDINANCES. 97 misdemeanor, and shall pay, on his first conviction for said offense, a fine of twenty dollars and the costs of prosecution, and shall stand committed to the jail of Linn County five days, unless the same be sooner paid, and on the second con- viction for said offense, he shall pay a fine of fifty dollars and costs of prosecution, and shall stand committed to the jail of Linn County fifteen days, unless the same is sooner paid, and on the third and every subsequent conviction for the said offense, he shall pay a fine of one hundred dollars and the costs of prosecution, and shall stand committed to the jail of Linn County thirty days, unless the same shall be sooner paid. Sec. 3. Information for violation of this ordinance may allege any number of violations of its provis- ions by the same party, but the various allegations must be contained in seperate counts, ■ and the person so charged may be convicted and punished for each violation so alleged as on separate informations, but a separate judgment must be enter- ed on each count on which a verdict of guilty is rendered. The second and third convictions however, mentioned in this ordinance, shall be construed to mean convictions on separate informations, and all proceedings for violations of this ordi- nance shall be conducted in the same manner as proceedings are or may be conducted for a like offense under the laws of Iowa. Sec. 4. It shall be the duty of all peace officers and police of this city to see that this ordinance is faithfully executed and obeyed, and when informed that this ordinance has been violated, and that proof of that fact can be had, it shall be the duty of such officers and police, and it is hereby made their special duty, with the aid of the City Attorney, to go before the Police Judge of said city, or other proper officer or mag- istrate having jurisdiction of the offense, and make informa- tion of the same and of the person so violating this ordinance, and any such peace officer or police, failing to comply with the provisions of this section, the same shall, upon proof of 98 CITY ORDINANCES. that fact satisfactory to the City Council, work a forfeiture of his office, in all cases where the said City Council have power or authority to declare any such office forfeited, and such, peace officer or police from the time of such forfeiture, shall be considered discharged and no longer in office or under the employ of the said city. Sec. 5. It is hereby made the duty of the City Attorney, whenever requested by a peace officer or police, as mentioned in section four of this ordinance, to make out the information and all necessary papers for the prosecution of offenses under this ordinance, and appear in court and prosecute the same to hnal judgment on behalf of this city. Passed June 21st, 1872. Attest: K. S. HILL, J. C. Stoddard, Mayor. Pecorder. ORDIKAKCE PO. 9. AN ORDINANCE in relation to the Licensing Saloons for the sale of Beer and Wine. Sec. 1. Unlawful to sell without first obtaining license. 2. Manner of obtaining license ; Recorder to keep list of ; license not assignable. 8. Amount for license ; when expire; applicant to give bond to be approved by Council and filed with the Recorder. 4. Imi)roper conduct in licensed place punished : license may be forfeited. 5. Penalty for selling without license. 6. Repealing clause. Sec. 1. Be it ordcihied hy the City Council of the City of Cedar Rapids: That it shall be unlawful for any person to keep a house, shop or other place within the city of Cedar CITT ORDINANCES. 99 Rapids, for the resort of persons to drink beer, ale, or wine from grapes, currants or other fruits grown in this State, or for the sale thereof, or to sell any ale, beer or native or domes- tic wine by the glass, without first having made application for, and obtained a license therefor, as hereinafter provided. Sec. 2. Any person of good moral character wishing to obtain a license under the provisions of this ordinance, shall make written application therefor to the Mayor of said city, which shall be accompanied by a receipt of the Treasurer of the city for the sum herein provided for such license; and said Mayor may at his discretion grant such application, and issue such license, after the bond hereinafter referred to shalh have been approved by the City Council; and when any such license is issued it shall be under the hand of the Mayor, and seal of the city, attested by the Recorder. It shall be the duty of the Recorder to keep a record list of every license issued under this ordinance, with the date thereof, and to whom issued; each and every license so issued shall designate the name of the person to whom it is 'granted and the location of the house, room, or place to be used under the same, and suci) license shall not be assignable, or extend to any other house, shop or place than that named in such license. Sec. 3. To entitle any person to such license, he shall pay into the hands of the City Treasurer the sum of three hundred dollars ($300) for a license for one year, or the pro rata pro- portion of the said sum of three hundred dollars ($300) for a fractional part of a year, from the date of application for such license, to the first day of May following. All licenses shall expire on the first day of May in each year. And the said person shall also execute a bond to the city of Cedar Rapids, with two or more sureties, in the sum of five hundred (500) dollars, as agreed and liquidated damages, and with a condi- tion therein, that his house, shop, or other place so licensed, shall be kept and conducted strictly in accordance with the conditions and requirements of this ordinance, and all ordi- 100 CITY ORDINAJS’CES. nances of the city which may hereafter he passed in relation to saloons and saloon-keepers. No such license shall be issued until said bond shall have been approved by the City Council , at a regular meeting thereof, and when so approved, the same shall be hied with the City Recorder and recorded in a book to be kept by him for that purpose. Sec. 4.. If any person having a license as provided by this ordinance, shall suffer any person to become drunk, or intoxi- cated by . drinking at or about his or her licensed place, or shall suffer any carousals, fighting, gambling, or tumultuous noises in the licensed premises or its appurtenances, or shall suffer or permit any minor to drink any liquors in or about said prem- ises, without the consent of the parents or guardian of said minor, or who shall suffer or permit any minor to frequent, remain at, or be harbored in or about said licensed premises, or shall keep said house, shop or place open for the ingress or egress of any person or persons, or suffer any drinking therein on the first day of the week called Sunday, or between the hours of 5 A. M. and 10 p. m. of the days of the annual State or City elections, or on any night after the hour of 10 o’clock p. M., and before tlie hour of 5 a. m., or who shall sell, either directly or indirectly, any ale, beer or wine on the election days aforesaid, or between the hours of night afore- said, or who shall at any time sell any intoxicatimg liquors, liquid or thing prohibited by the laws of the State of Iowa, he or she shall be deemed to be guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not exceeding $100 and costs of prosecution, and shall stand committed to the jail of Linn County according to law, unless the fine and costs shall be paid, and he or she shall forfeit said license, and the City Council of said City, on being satisfied of a viola- tion of any of the provisions of this ordinance by a licensee, shall have authority to revoke, and in its discretion may revoke said license, and declare the same null and void; but the license and the sureties upon the bond shall be and remain CITY ORDINANCES. 101 liable to said City for the full amount of said bond, and said City Council ma}^ order suit to be brought on the same to en- force the collection thereof. All payments made for said license shall be forfeited upon the mere revoking of any such license. Sec. 5. Any person, who shall in this city, open or keep any house, room or place for the resort of persons to drink ale, beer or native or domestic wines, or for the sale thereof, or who shall, in this city, sell any ale, beer or native or do- mestic wine, by the glass, without having a license as provi- ded in this ordinance, shall be deemed guilty of a misdemeanor and shall be liable to a fine of not more than one hundred (^100) dollars for each conviction thereof. Sec. 6 . All ordinances or parts of ordinances, so far as the same may conflict with this ordinance, are hereby repealed. Passed April 10th, 1874, Attest: A. B. HULL, J. C. Stoddard, Mayor, Recorder. ORDINANCE NO. 10. AX ORDIXAXCE Relative to the observance of the Sabbath. I Sec. 1. Be it Ordained hy the City Council of the City of Cedar Rajyids: That if any person be found on the first day of the week,, commonly called Sabbath, engaged in buying or selling property of any kind, or in any kind of labor, pursuit, avocation or calling, (works of necessity and dharity excepted), every person so ofiending, shall on conviction, be deemed guilty of a misdemeanor, and be fined in a sum not less than one dollar, nor more than one hundred dollars; Provided^ noth- 102 cnr ORDINANCES. ing herein shall be construed as contradictory to Sec. 4072, ol the Code of Iowa, 1S73. Amendment of 1874. Passed June 9, 1871. Attest: THOS. Z. COOK, J. C. Stoddard, Mayor. Recorder. ORDIKAKCE KO. 11. AK OEDIiSTAlSrCE Kelative to Misdemeanors. Sec. 1. Be it ordained hy the City Council of the City of Cedar Bajpids: That every person who shall violate the provisions of any of the ordinances of this city, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall pay a fine of not less than one dollar, nor more than one hun- dred dollars, and stand committed until the same is ]jiaid. Passed July 6th, 1871. Attest;' THOS. Z. COOK, J. C. Stoddard, Mayor. Recorder. ORDHSTAKCE KO. 12. AN ORDINANCE providing for the working of persons convicted of misdemeanors upon the streets, public buildings and grounds of tJie city, and tor tiie protection of prisoners. Sec. 1. Any person convicted of a misdemeanor, may be cornpeled to labor on streets. CITY ORDINANCES. 103 2. Marshal to superiiitend work, and furnish tools and materials. 3. Treatment and control of prisoner while at work, or in case of refusal to work, to be kept in solitary conlinement. 4. .'?1.50 per day to be credited for evei’y days work. 5. Prisoner protected from insult, or annoyance while at work. Sec. 1, Be it ordained hy the City Co'iincil of the City of Cedar Rapids: That hereafter, any able bodied male person over the age of sixteen (16) years, and not over the age of fifty (50) years, who shall, after the passage of this ordinance, be con- victed of a misdemeanor under any of the ordinances of this city, and sentenced to pay a fine and costs of prosecution, or in default thereof be committed to the jail of Linn County, Iowa, may be compelled by the tribunal having jurisdiction of said cause, to work at hard labor upon the streets, alleys, or in or about the public buildings or grounds of said city, during such reasonable time of the day as the person in charge of the prisoners may direct, but in no case to exceed eight (8) hours per day. Sec. 2. The City Marshal shall superintend the perform- ance of the labor authorized by the provisions of this ordinance, and shall furnish all tools and materials at the expense of the city, and said city shall be entitled to the earnings of said convicts. Sec. 3. The officers having charge of any convict for the purposes specified in this act, may use all necessary means to prevent escapes, and any convict attempting to escape, eithei* while going from or returning to the jail, or while at labor, or at any time, or if he refuses to labor, the ofiicers having him in charge, after due inquiry, may, to secure such person, or to cause him to labor, chain and secure such person, or cause him to be kept in solitary confinement, not more than ten (10) days for any one offense, and during such solitary confinement he must be fed with bread and water only, unless other food be necessary for the preservation of his ^health; Provided , always, such punishment shall be inflicted within the jail or jail inclosure, and provided further, that the time spent 104 cmr OKDINANCES. within the jail inclosure, for refusal to work, shall not be con- sidered as any part of the time for which the prisoner is sentenced. Sec. 4. For every day’s labor performed by any convict under the provision of this ordinance, there shall ba credited on any judgment for fine and cost against him, the sum of one dollar and fifty cents a day. Sec. 5. If any person shall persist in insulting, annoying or communicating with any prisoner, while at labor or while going to or from the same, after being commanded by the officer in charge of said prisoner, to desist, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be sen- tenced to pay a fine of not less than one dollar nor more than ten dollars, and costs of prosecution, or he may be sentenced to be imprisoned for a period not exceeding three days. Passed July 29th, 1870. Attest: WM. B. LEACH, W. B. Stewart, Mayor. Recorder. ORDINANCE NO. 13. AN ORDINANCE relative to the right of (way to the ^Chicago, Iowa V and Nebraska Rail Road Company. Sec. 1. Right of way through any of the streets, &c. for fifty years. 2. Shall only select one street, and designate the same by laying down track. 3. Shall only occupy 20 feet of the middle of street, and shall conform to grade, and provide safe crossings. 4. Council may regulate passage of cars. 5. Mayor shall execute instrument of writing granting riuht of way. 6. . Owners of real estate not precluded from recovering damages. 7. Shall establish depot within city. crrr ordinances. 106 ' Sec. 1. Be it ordained by the City Council of the City of Cedar Rupids: That the right of way through any of the streets and across any of the alleys of this city, subject to con- ditions hereinafter mentioned, is hereby granted to the Chicago, Iowa and Nebraska Eail Road Company for the period of fifty years from this time. , Sec. 2. Tlie said company in exercising the above right of way, shall only select and use one of the streets running at right angles with Market street, and on one of the streets run- ning parallel with Market street, and the selection made by said company for this purpose, as shown by the laying down of their tracks, shall be their final selection. Sec. 3. The said company shall only occupy with their tracks the middle of any street through which they may pass, except in making ciir\'es, and shall not occupy a strip of greater width than twenty feet, and said company in laying their tracks shall conform to the established grade of the city, and shall provide for the safe and convenient passage of vehicles and persons on foot, over their tracks and embank- ments within the city. Sec. d. The City Council expressly reserve the right of so regulating the passage of cars and locomotives of said Com- pany, over their tracks in this city, as the safety and conveni- ence of tiie citizens may require, not defeating said com- pany’s rigiit of way. Sec. 5. Upon the passage of this ordinance the Mayor shall, in consideration of the sum of one dollar, to be paid by said company, for the use of the city, execute to said. company an instrument in widting. granting to said company the right of way through any of the streets, and across any of the alleys of this city, subject to the conditions above and hereinafter men- tioned. Sec. 6. The right of way hereby granted, shall not be con- strued as to preclude the owners of^^^tl estate on any street 106 CITY ORDINANCES. through which the said company may pass, from recovering from said company any damages they may thereby sustain. Sec. T. The said company shall, if they avail themselves of the benefits of this ordinance, establish their passenger depots for this place within the corporate limits of this city. Passed November 21st, 1856. Attest: tSAAC. WHITTAM, D. M. McIntosh, Pecorder. OKDINANCE NO. 14. ' /IN OEDINANCE relative to the right of way through the City of Cedar Kapids, to the Dubuque Southwestern Hail Road. Sec. 1. Right of way on Ely, and Jefferson street ; term of. . 2. Occupy 20 feet of middle of street only ; shall conform to grade, and provide safe crossings. 3. Nothing to conflict with rights granted to other Roads. 4. Rights reserved to regulate passage of cars, <&c. . 5 ’. Mayor to execute writing granting right of way. 6 Shall not prevent owners from recovering damages. 7*. Shall establish depot in this city. "^Sec. 1. Be it ordained hy the City C oti/ricil of the City of Cedar Bapide: That the right of way is hereby granted to the Dubuqne and Southwestern Kail Koad Company, through Ely street from Van Buren street to Adams street, and oil Jefterson from Mary street to Linn street, for the period of fifty years from the date hereof, subject to the conditions hereinafter mentioned. ^ Sec. 2. That the said company shall only occupy with then* track the middle of the streets through which they may pass. CITY ORDINANCES. lOT except i*n making curves or corners, and shall not occupy h strip of greater width than twenty feet, and said company in laying their track shall conform to the established grade of said city, and shall provide a safe and com-enient passage for vehicles, and persons on foot, over their track and eml)ank- ments within the city. Sec. 3. Nothing contained in this ordinance sliall he made to contiict with an ordinance granting the right of way to the Chicago, Iowa and Nebraska Nail Noad, granted November 1856. Sec. -I. The (hty Council expressly reserves the right of so regulating the passage of cars, and locomotives of said com- pany over their track in this city, as the safety and conveni- ence of the citizeiis uii'rNiwvqui]’^ defeating the said com- pany’s right of way. Si:c. 5. Upon the passage of this ordinance, the Mayor, in cmisideration of the sum of one dollar to be paid by said com- pany for the use of the city, shall execute to said coni])any an instrument of writing granting to said company the right (d‘ way through the streets named in section one, as therein stated, and across any alleys over which they may necessarily ])ass, subject to the conditions above and hereinafter mentioned. Sec. 6. The right of way hereby granted, shall not be s<^ construed as to preclude the owners of real estate on any street through which said Nail N^oad may pass, from recover- ing from said company anydai)iafe they may thereby sustain. Sec. T. The said^com([femh' ‘i^*'ittey avail themselves of fhe benehts of this orc^i^y^Vliall establish their freight and passenger depots. foi;Hl^fe^]-)l ace within the corporate limits of this city. v ' ' Passed J uly 3d,TT863. Attest- • MOAVNY FANNUM. Mayor. 108 CITY ORDINANCES. ORDINANCE NO. 15. A X ORDINANCE Grantins the right of way to the Chicago and Nortliwestern Railway Company. fSrx'. 1. Th'ovides for side track between certain streets, an^ for safe crossings. . ' 2. Council may regulate passage of cars. 8. Not to conflict with rights granted to other ronds. 4. iSIayor to execute writing granting right of way. Sec. 1. Be it ordained by the City Co icneil of the City of Cedar Rapids: That tlie right of way be granted to the Chicago and Northwestern Railway company, as lessee of the Chicago, Iowa and Nebraska Railroad, and of tlie Cedar Rap- ids and Missouri River Rail road, for side track between the Northerly line of Market street and Iowa Aveflue on the southwest half of Jefferson street, and for such side track as said company need and occupy on the southwest half of Jeffer- son street between the northerly line of Iowa Avenue and Mary street, and also on Ely street between Adams and Jefferson streets, provided that said company in laying said track shall conform to the established grade of the city along said streets, and shall make safe and convenient crossings for teams and })ersons on foot at the street and side-walk crossings. Sec. 2 The City Council expressly reserves the right of so regulating the passage of cars and locomotives of said com- pany over their tracks in this city as the safety and conveni- ence of the citizens may recpiire, not defeating said company’s right of way. Sec. 3. Notliing contained in this ordinance shall be made to conflict witli an ordinance granting the right of way to the Dubuque Southwestern Rail Road Company, passed July 3d, 1863, nor with the ordinance granting the right of way to the Cedar Rapids and St. Paul Railway, passed May 25th, 1866. Sec. 4 . Dpon tlie passage of this ordinance, the Mayor, in consideration of one dollar to be paid by said company for the use of the city, shall execute to said company an instru- CITY ORDINANCES. 109 rneiit of writing- granting to said company tlie riglit of way tln*ong]i tlie streets mentioned in section 1st, as tlierein stated, and across any alley ovei* which they may mu'cssarily pass, subject to the conditions hei*ein mentioned. Passed Decembei' 1-fth, 18b(). Attest: A. K. WE8T, Cteo. C. Haman, Mayor. Recorder. ORDINAXCE NO. lb. AX OJvDESTxVNCE Granting additional rights to tlie Chicago and Northwestern Railway Company. Sec. 1. Be it ordained by the City Council of the City of Cedar Bayfale: That the riglit be and is hereby granted to the Chicago and Northwestern Railway Company to occipiy and nse for building or other purposes, the alley between lots five and six in block twenty-two in said city, and also the right to build, erect and maintain all necessary ]datforms to accommodate the passenger and freight buildings that may lie ei-ected on or used said (‘ompany. Passed April bth, 18b7. Attest: A. R. WEST, 1). A, Bkadi.ev, Mayor. Recoi'der. no CITY ORDINANCES. ORDINANCE NO. 17. AX OJIDINAX^CE Granting the right of way to' the Burlington, Cedai- Rapids Jind Minnesota Railway. Sec. 1. Right of way through Jefferson street. 2. Part of street used. ^ 8. To conform to grade. 4. Council may regulate speed of trains. 5. Mayor to execute writing granting right of way. (). X"ot to prevent owners of i-eal estate from recovluhig damages. T.. Railway ('ompany to establish depot in this city. Sec. 1 . Be it ordained hy the ' City CUmncil of the City of Ctdar Rayjids: That the right of way througli the north- easterly side of Jetferson sti*eet for the entire leiigtli thereof, is hereby granted to the Burlington, Cedar Rapids and Min- nesota Railway, subject to the conditions hereinafter inentioned. , Sec. 2. The said Railway shall only use suthcient of said street sontW of Iowa Avenue for a single track and the side track shall be so laid that the southwesterly side of any cars nin thereon shall not come ueai*er than, nor more than ten feet six inches from the center of the main track of the Chi- cago, Iowa and Nebraska Railroad. Company, now laid in said street and operated by^ the (diicago and ^orthwe^^tern Railway Company. Sec. 3. The said Railway Company shall lay said track and keep the same so as to conform to the grade of Jefferson street, as now or hereafter established, and shall at all times provide and keep in good repair, good, safe and convenient ci’ossings for the passage of vehicles, and persons on foot over their said track and embankments within the city. Sec. T. The City Council hereby expressly reserves the right of so regulating the speed and passage of the locomo- tives and cars of the said Railway Company over their track in this city, as the safety and convenience of the citizens thereof may seem to recpiire, not defeating the right-of-way hereby granted to the said Railway Company, and the right-of-way CITY ORDINANCES. Ill aforesaid is granted to the said Railway Conipany subject to any ordinance now oi‘ hereafter in force relating to Railroads. Sec. 5. Upon the passage and taking elleet of this ordi- nance, the Mayor of the city shall, in consideration of the sum of one ‘dollar, to ^ be paid by the said Railway Company for the use of the city, execute to the said Railway Conipany, an instrument in writing granting to the said Railway Company the right-of-way throngh the said street, subject to the condi- tions above stated. Sec. 6 . The right-of-way hereby granted shall not be con- strued so as to preclude the owners of real estate on said ’street from recovering from said Railway Company any dam- ages they may be legally entitled to recover. Sec. T. The Railway Company shall, if they avail them- selves of the benefits of this ordinance, establish their Passen- ger Depot for this ]^lace within the corporate limits of this city. Passed April 29th, ISTO. Attest: • WxM. B. J.EACH, W. B. Stewart, Mayor. Recordei*. ORDINANCE NO. 18. AN ORDINANCE grantiug Right-ofAVa}^ into the city of Cedar Rapids, to the Cedar Rapids and St. Paul Railway. Sec. 1. Right-of-way on Jefterson street; Depot to be established in this city. 2. Shall conform to grade of city, and provide suitable crossings. 3. Council to regulate speed of cars, &c. 4. Mayor to execute writing granting right-of-way. 5. Not to conflict with ordinance granting rights to other Roads. Sec. 1. Be it ordained hy the City Council of the City of 112 CITY ORDINANCES. Cedar Rajpids: That the right-of-waj for a main track is hereby granted to the Cedar liapids and 8t. Paul Railway thnnigh Jefferson street in said city from the up23er or north- west end of said sti-eet and across Mary street, Ely street and Johnson street, to the point of intersection of the Chicago and Northwestern Railway, with the iJiibuc^ue Southwestern Railway, at the crossing of J^enton street, with the right to put down and maintain such side tracks on said upper portion of Jefferson street, as the business of said Company may require, provided said Company establish their Freight or Passenger Depot within the corj^orate limits of this city. Sec. 2. That said (Mmpany, in laying their tracks, shall conform as far as practicable to the established grade of said city, and shall provide a safe and convenient passage for vehi- cles and persons on foot over their tracks and embankments. Sec. 3. The City Council expressly reserves the right of so regulating the passage of cars and locomotives of said Com- pany on their track in this city, as the safety and convenience of the citizens may require. Sec. 4. Upon the passage of this ordinance the Mayor, in consideration of one dollai* to be paid by said Company for the use of the city, shall execute to said Company an instrument of writing granting to said Company the right-of-way through said streets for main and side tracks as named in section one, as therein stated^ and across any alleys over which they may necessarily pass, subject to the conditions herein mentioned. Sec. 5. Nothing contained in this ordinance shall ^be made to conflict with an ordinaiu'e granting the right-of-way to the (Uicago, Iowa and Nebraska Railroad Company, passed No- vember 21st, 1856; nor with the ordinance granting the right- of-way to the Dubuque Southwestern Railroad Comj)auy, passed July 3d, 1863. Passed May 26th, 18f)6. Attest: ' A. R. WEST, GtEo. C. IIaman, Mayor. Recordej*. CITY ORDINANCES. 113 ORDINANCE NO. 19. AN ORDINACE to regulate speed on Railroads, and prevent obstruc tion of streets. Sec. 1. Rate of speed not to exceed six miles per hour. 2. Not to remain on crossing more than five minutes. 3. Shall not sound whistle* 4. Shall ring bell when in motion. 5. Shall erect signboard, “Slow, Ring the Bell.” 6. Not allow steam to escape, &c. 7. Penalty for violations. 8. Ordinance No. 31 repealed. Sec. 1. Be it ordained hy the City Council of the City of Cedar Rapids: That no locomotive engine, railroad passen- ger car, or freight car, shall be driven, propelled or run upon or along any railroad track in this citv, at a greater speed than the rate of six miles per hour. Sec. 2. No railroad company, railroad engineer, train con- ductor, or other person, shall cause or allow any locomotive engine, car, or cars, or train of cars to stop at, or remain upon any street and railroad crossing within this city, for a longer period than five minutes at any one time; provid^ed^ howevei*, that in case an accident should take place at any such crossing, reasonable time shall be allowed to remove any obstructions that may be caused thereby. Sec. 3. No railroad company shall cause or allow the whistle of any locomotive engine to be sounded within this city, except necessary brake signals, and such as may be abso- lutely necessary to prevent injury to persons and to prop- erty, other than their own and that in their possession as freight. Sec. 4. * The bell of each locomotive engine shall be rung continually while running within this city. Sec. 5. Each railroad company running on any railroad within this city, shall erect at the entrance of such railroad within the city, a signboard having thereon the words slow, 114 CITY ORDINANCES. ring the bell,” legibly painted thereon, and keep the same so erected. Sec. 6 . No railroad company shall cause or allow the cylinder cock, or cocks, of any or either of their several loco- motive engines, to be opened so as to permit steam to escape therefrom at any time while running upon or along any rail- road track laid in any street, or when the engine is in imme- diate proximity to, or at any street and railroad crossing in this city; Provided^ however, that when such engine shall be standing at such points in the city, for every three revolu- tions of the driving wheel after being put in motion, the said (*x)cks may be opened for the purj^ose of allowing condensed steam to escape. Sec. T. Any railroad company or corporation who shall, by themselves, their agent, or employes, or any agent or employe of any railroad company or corporation, or other person who shall violate any of the foregoing provisions, shall for each violation, forfeit and pay to the city of Cedar Rapids, a penalty of fifty dollars; said penalty when proceedings 'are against a railroad corporation, to be recovered in a civil action in the name of the city, before a Mayor or Justice of the Peace residing in the city, but as against any agent, or employe of a railroad corporation, or other person, the prosecution for the penalty for such violation shall be as provided in Ordinance No. 11. Sec. 8. Ordinance No. Jl, (old No.) entitled an ordinance regulating the speed of locomotives and hand cars, and to prevent the obstruction of streets, is hereby repealed. Passed Januarv 18th, 18HT. Attest: A. R. WEST, Geo. C. Ham an. Mayor. Recorder. CITY ORDINANCES. 115 ORDINAxWE NO. 20. AN ORDINANCE to prevent minors from getting on and off Railroad * cars w’hile in motion, within the city limits. Sec. 1, Re it ordained hy the City Connell of the City of Cedar Rapids: That no minoi* under the age of fifteen years sliall get on or off the railroad cars or engine while they are in motion, within the city limits. Sec. 2. Any such minor violating the foi*egoing section is hereby declared guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum of not less than one nor more than five dollars, and shall be committed to the jail of Linn County, in manner and form as provided by ordinance and law unless the same shall be paid. Passed November 1st, 1872. Attest: H. S. HILL, J. C. Stoddard, . Mayor. Pecorder. ORDINANCE NO. 21. AN ORDINANCE relative to issuing City Bonds for the purchasing of Fire Engine, Hose, &c. Proclamation and election. Sec. 1. Mayor and Recorder to sign aud issue bonds under seal of the city : amount ; interest ; when due, and where payable. 2, Title of Bonds. 3. Mayor empowered to negotiate sale of Bonds, at not less than 90 cents. 4 & 5. Provides for the redemption of Bonds, and payment of interest. (). Treasurer to keep funds seperate. 7. Treasurer may borrow at 10 per cent, for payment of principal and interest. 8. Provision herein a part of contract with purchaser of Bonds. 9. Repealing clause. CITY ORDINANCES. \U5 Whereas, The City Coimcil of the city of Cedar Rapids, Iowa, did, by resolution passed on the '2M day of iSTovember, 1867, instruct tlie Mayor of said city to issue his proclama- tion to the' legal and qualified voters of said city, the question of borrowing Ten Thousand Dollars for the purpose of pur- chasing a Fire Engine, Hose, &c. Five Thousand of the amount to be payable in five years, and Five Thousand Dol- lars to be payable in ten years after date, with interest at ten per cent., payable semi-annually. And Whereas, A. R. West, Mayor of the said city, in obe- dience to, and in pursuance of the said resolution, issued his proclamation in words and figures following, to-wit: PROCLAMATION. “ To the qualified voters of the City of Cedar Rapids, Iowa : Whereas, At a regular meeting of the City Council of said city, held at their council room, on the 22d day of I7ovember, 1867, the said Council by resolution, instructed the Mayor of said city to submit to the legal voters of said city, the ques- tion of said Coimcil borrowing the sum of Ten Thousand Dol- lars, payable, Five Thousand Dollars in five years, and Five Thousand Dollars in ten years, with ten per cent, interest per annum, said interest payable semi-annually, the same to be used for the purpose of purchasing a Steam Fire Engine with hose and equipments, and for the building of an Engine House in which to keep the same for the use of the city. Now, Therefore, I, A. R. West, Mayor of the city of Cedar Rapids, in pursuance of said resolution, and by authority in me vested, do hereby give notice to the legal and qualified voters of the said city, that there will be a special election held at the Board of Trade room in said city, on Monday the 9th day of December. A. D.. 1867, (polls to open at 9 o’clock A. M., and close at 4 o’clock p. m. of said day), for the purpose of submitting the question of said Council borrowing the sum of Ten Thousand Dollars, payable in manner and form, and for the purposes hereinbefore set forth. Those in favor of CtTY ORDINANCES. 117 said loan will cast a ballot on which shall be written or printed “ in tavor of the loan.’' Those opposed to said loan will cast a ballot on which shall be written or ])rinted, the words ‘‘ Against the loan." A majority of the votes cast to decide the said (]nestion. (^Signed) A. R. WESd’, ]\layor of the city of Cedar Rapids, Iowa. Which said proclamation was duly published tiie time and in the manner required by law. And Whereas, In accordance with the said proclamation, the said election was held at the time and place, and in the manner and form as therein required; at which election the whole number ot votes cast was one hundred and seventy-five, of which, one hundred and fifty were in favor of said loan, and twenty-five against said loan; being a majority in favor of the said loan, which said votes were duly counted, cain'assed and approved by the City. Council. Sec 1. 2s ow. Therefore, Be it ordained hy the City Coiineil of the City of Cedar Bapids: That in order to carry out tlie object of said special election, and to provide foi* the issuing of' the said bonds, and for the purpose of establish- ing a sinking fund to provide the means to pay any indebted- ness created thereby; the Mayor and Recorder of the city of Cedar Rapids, are hereby authorized, empowered and directed, to execute and issue the bonds of the city amounting in the aggregate to the sum of Ten Thousand Dollars, signed by the Mayor and countersigned by the Recorder, witli the corporate seal of the city affixed, bearing date, the day of A. D., 1869. Five Thousand Dollars to be payable in five years after the date thereof, and I'ive Thousand Dollars to be paya- ble in ten years after the date thereof, to or in sums of dollars each, with interest thereon at the rate of ten per cent, per annum, interest payable semi-annually, with interest coupons thereto attached signed by the Mayor, bear- ing even date with the bonds. The principal and interest of .118 CITY ORDINANCES. said bonds to be payable at the First National Bank, Cedar Rapids, Iowa. Sec. 2. The title of said bonds shall be “ The City of Cedar Rapids, ten per cent. Fire Engine Bonds,” and shall be numbered from one, upwards. Sec. o. The Mayor of the city of Cedar Rapids is hereby authorized, empowered and directed to negotiate the sale of said bonds, and the coupons attached, to any j)crson or per- sons, but at a not less value than 90 cents on the one dollar. Sec. 4. For the redemption of said bonds aforesaid at ma- turity, and for the payment of interest to accrue thereon, the said city of Cedar Rapids hereby pledges; First — Its faith and credit. Second — The taxes levied, and to be levied and collected for the payment thereof on all property, real and personal, subject to, and to become subject to taxation within the said city of Cedar Rapids. Sec. 5. That at the same time that the other annual taxes of said city are levied, there shall in addition thereto, also be levied from year to year, by the City Council, an annual tax upon the property, real and personal, subject to taxation for County and State revenue, a sum sufficient to pay the interest for one year on all bonds issued in pursuance of this ordi- nance, and also at the same time levy such sum or sums, from year to year, as to them may seem proper to meet and pay the principal of said bonds as fast as the same become due, and when the City Council shall have made such levy, it shall be the duty of the City Assessor to extend the same on the Col- lector’s book for the year in which the levy is made, and in a separate column, to be denominated “ Fire Engine Tax,” which tax shall be collected in the same manner as the other annual taxes of the city, and the payment thereof to be. inclu- ded and enforced by the same regulations, and provdsions of CITY ORDINANCES. 119 statute and ordinance as obtains in reference to other annual taxes of the said city. Sec. H. Iduit it shall be the duty of the Treasurer of said city to kee}) all money arising from the collection of said fhre Engine Tax, separate and apart from the ordinary funds of ^aid city, to be sacredly kept and paid out by him only for the payment of the semi-annual interest accruing and due on the said bonds, and for' the payment of said l>onds when due, and for no other purpose. Sec. 7. The City Treasurer shall have power to raise by temporary loan upon the credit of the said city of Cedai- Hapids, sncli sum or sums of money as may be needed for the payment of the interest on the said bonds, or the payment of said bonds when becoming due, and for which there shall be no funds in the hands of the Treasurer of the said city for that purpose, but in all cases, such temporary loans, with interest not to exceed ten per cent., shall be provided for and paid out of the first mone^^s of Fire Itngine Tax received into the City Treasury. Sec. 8. The provisions hereinbefore contained for the issu- ing of bonds and establishing of a sinking fund shall be deem- ed and taken as a part of the contract with the parties pur- chasing the said bonds, and shall not be repealed or modified so as in any manner to impair the security thereby aftbrded to the said bondholders. Sec. 9. All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. Passed February 1st, 1869. Attest: ^ J. P. COULTEK, I). A. Pkadley, Mayor. Recorder. 120 Cn^ ORDINANCES. ORDfflAlSrCE NO. 22. r AN ORDINANCE creating Sinking Fund. Whereas, A proclamation was issued by A. R. W est, Mayor of the city of Cedar Rapids, to the legal and qualified voters of said city, that a special election would be held on the bth day of December, A. D., 1867, for the purpose of submit- ting the question of the city borrowing the sum of Ten Thou- sand Dollars for purchasing a Steam Fire Engine with hose and equipments, and building an Engine House for the same. And Whereas, At said election the legal and qualified smters of said city decided by a legal and constitutional major- ity of votes, tliat said City Council should be authorized to borrow said sum of Ten Thousand Dollars for said purpose. And Whereas, On the first day of February, A. D., 1869, an ordinance was passed by said City Council for the purpose of issuing city bonds to etfect said loan, and also providing for a sinking fund to pay said loan. Sec. 1. Now, Therefore, Be it ordcmied by the City Oouiioil of the City of Cedar Rapids: That said Sinking Fund be created for the purpose of paying the principal and interest on said bonds, and that tlie City Council of said city shall levy and' collect an annual, uniform ad-valorum tax upon all the real and personal property within the limits of said city of Cedar Rapids, for the purpose of paying the principal and' interest to become due on said bonds, so long as they shall remain unpaid, which assessment in no case shall exceed the sum of one and a half mills upon the assessed value of the property appraised and returned, which said tax shall be lev- ied and collected at the same time, and in the same manner as the ordinary annual tax of said city of Cedar Rapids; and that for the purpose of keeping the same separate and distinct from the ordinary revenue of said city, the Assessor for the time being shall extend the same on the collection book, in a separate column headed “A Sinking Fund,” which said tax CITY ORDINANCES. 121 when collected, shall be appropriated to no other purpose than the payment of the principal and interest upon said bonds. Passed February 4th, 1870. Attest: A. K. WEST, Geo. C. Haman, Mayor. Recorder. ORDIIS^AIS^CE ]SrO. 23. AN ORDINANCE establishing and regulating a Fire Department of the city of Cedar Rapids. Sec. 1. Number of officers and men. 2. Election and appointment of officers and their duties. 3. City Council may appoint until next election. 4. Equipment of officers. 5. Chief Engineer ; authority of. 6. May require aid to draw fire apparatus to fire ; buildings, &c.. may be torn down or blown up. 7. Rate of speed going to or from fire. 8. No gambling, or device allowed in Engine House. 9. Penalty for interfering with firemen when on duty. 10. Fire Policemen to report to Chief Engineer for duty. 11. Council may appoint Engineer, who shall have control, &c. ; com- pensation of. 12. Chief Engineer must be twenty-five years of age, and a resident of the city one year. 13. Ordinance No. 78 (old No.) repealed. Sec. 1. Be it ordained dy the City. Couneil of the City of Cedar Rapids: That the Fire Department of the city of Cedar Rapids shall consist of a Chief Engineer, one or more Assistant Engineers, two or more Fire Policemen, with as many Firemen as the number of engines, and the number a,nd quantity of other fire apparatus belonging to the city may from time to time require, not exceeding forty (40) men to 122 CITY ORDINANCES. each engine company, or thirty (30) men for each hose, hook and ladder or bucket company, including officers. Se^j. 2. The ( 'hief Engineer shall be elected by the legal and qualified electors of said city, as other city officers are elected, on the first Monday in March of each year after the year 1870, and may appoint or discharge by and with the con- sent of the (ht}" Council, one or more Assistant Engineers, and one or more Fire Policemen, said Chief Engineer shall be responsible for all acts of the Assistant Engineers and Fire- men and Fire Policemen, when acting under his directions. [Te shall be liable to such fines and penalties as the City Council shall from time to time determine. It shall be the duty of the Chief Engineer to exercise a constant supervision over the Fire Department. He shall have the general charge of all property belonging to the city, connected with the Fire Department, and shall see that the same is always kept in good repair and ready foi’ immediate use. He shall, with the approval of the (^ommittee on Fire Department, order and procure such repairs as may be necessary, upon the engine or other fire apparatus. Ife shall have charge of all the public cisterns, and shall see that the same are at all times supplied with water and in proper order or condition to be used. He shall attend at ail fires which may occur in the city, and all orders given by him to any Assistant Engineer, Company or Firemen, shall be promptly obeyed. He shall re].)ort semi- annually, to-wit: At the first regular meeting of the City Council in March and September of each year, the condition of the engines, hose, hook and ladders and othei* a]>paratus belonging to the city, the building or buildings in which they are kept; and also to recommend such additions, alterations and improvements to the same, as he may deem expedient. He shall report to the Council the names of such members of the f^re 1 )epartment as shall have disobeyed orders, or neglected or refused to do tlieir duty, and he shall also report monthly to the Council for confirmation, the names of such persons as CITY ORDINANCES. 123 shall have been elected in embers of the different companies. It shall be his duty to see that the provisions of this ordinance are strictly enforced. In the absence of the Chief Engineer it shall be the duty of the Assistant Engineer highest in rank present, to perform all the duties of Chief Engineer. Sec. 3. The City Council shall have power to appoint a Chief Engineer, who shall serve until the next general elec- tion, and until his successor is elected, and qualified; and in case of a vacancy in the office of Chief Engineer by resigna- tion or otherwise, the City Council shall fill such vacancy by ballot. Sec. 4. When on duty, the Chief Engineer and Assistant Engineers shall each wear a white fire hat or cap, with the name of his office on the front, hat or cap of the same color shall be worn by any other fireman; they shall also carry a bright metalic speaking trumpet, which shall be furnished b}^ the city. Sec. 5. The Chief Engineer or either of the Assistant Engineers, shall severally have power to command such assis- tance from the inhabtants of the city, for the suppression or extinguishing of fires, and for the preservation of property exposed to fire, as may be required. They, or either of them, shall have full power to suppress all tumults and disorder at fires, and the Chief Engineer, or Assistant Engineer in command, shall have power to order any company, fireman, or other person, away from the neighborhood of said fires, in case any such person refuses or neglects to render such assistance as above required, and shall not be excused by the Engineer in command; or shall refuse to obey any other lawful command of the Chief Engineer or Assistant, or if such fireman or other person shall refuse or neglect to depart when ordered so to do, as aforesaid, the fire- man or other person so offending, shall, for each offense, for- feit and pay a fine not exceeding twenty (20) dollars, nor less than five (5) dollars. 124 CITY ORDINANCES. Sec. 6. It shall be lawful for the Chief Engineer or any Assistant Engineer, Foreman or Assistant Foreman, of any fire, hose or liook and ladder company, to require the aid of any dray- man with his horse and dray, or any citizen, inhabitant, or by-stander, in drawing or conveying any engine or other fire apparatus to the fire, and on refusal or neglect of any person to comply with such requisition, the ofiender shall, for every default, forfeit and pay a penalty of not less than one (1) dol- lar nor more than five (5) dollars. The Engineer in command may order any building, erection, or fence torn down or blown up, when they shall deem it necessary to arrest the progress of, and extinguish the fire. Sec. T. No hose carriage, hook and ladder truck, or engine shall be drawn faster than a walk on its return from a fire, or an alarm of fire, nor shall any such carriage or engine be drawn on any sidewalk, nor shall any such carriage or engine be drawn to a fire, or an alarm of fire, in a manner* calculated to endanger the safety of persons or property on the streets or alleys of this city, under a penalty of not less than five (5) dollars, nor more than twenty (20) dollars, to be collected of the company so oifending. Sec. 8. No cards, dice, or other articles, used for gambling, shall be brought into, or suffered to remain in any building used as an Engine House ; nor shall any spirituous or malt liquors be used therein, and no such building shall be opened on Sunday, except in case of an alarm of fire. Sec. 9. Any person who shall be convicted of insulting, menacing, or wantonly interfering with any Engineer or Fire- man, while on duty, or shall without authority, give any order to any Engineer or Fireman, while on duty, shall, for each offense, forfeit and pay a fine of not less than five (5) dollars. Sec. 10. It shall be the duty of any Fire Policeman to repair immediately upon an alarm of fire, to the place of the fire, and there report himself and remain subject to the Chief CITY ORDINANCES. 125 Engineer, or his Assistants, for the discharge of police duty, and to preserve and protect property. Sec. 11. The engine of each company shall be in charge of an experienced engineman, who shall have entire control of the working of the engine, shall be appointed by the City Council, and he, with the Chief Engineer, shall receive such compensation as shall be agreed upon by said City Council. Sec. 12. iS’o person shall be eligible to the office of Chief Engineer unless he be a resident of said city at least one year, and shall have attained the age of twenty -five (25) years. Sec. 13. All of ordinance I^o. 78, (old ^7o.), establishing and regulating a Fire Department, is hereby repealed. Passed July 29th, 1870. Attest: WM. B. LEACH, W. B. Stewart, Mayor. Becorder. OEDIHAHCE ISTO. 24. A]Sr ORDINAISrCE establishing and regulating a Fire Police of the city of Cedar Rapids. Sec. 1. Organization ; number ; must be property owners. 2. Shall adopt a Constitution and By-Laws ; approval of Council, &c. 3. Officers and their term. 4. Duties of Fire Police. 5. May make arrests-. 6. Power of commanding officer ; penalty for refusing to obey or- ders of Police. 7. Shall wear badge or uniform. Sec. 1. it ordained hy the City Council of the City of Cedar Bapids: That there may be organized a Fire Police Force of the city of Cedar Papids, to consist of not less than 126 OITT ORDINANCES. fifteen, nor more than thirty men, resident property holders of said city. Sec. 2. That if any persons unite to form a company under this ordinance, the same shall adopt a constitution and by-laws, and present the same duly signed by the officers and members thereof to the City Council for approval, and if approved by resolution of the Council, they shall, after taking the usual oath of office constitute the Fire Police, and shall be a part of the Fire Department under ordinance ]^o. 23, (old FTo. 96) creating said Department of said city, until their authority is revoked by said Council. Sec. 3. The officers of the Fire Police shall consist of a Captain, 1st and 2d Lieutenants, Secretary and Treasurer, to be elected by the company and approved by the City Council, and one or more Sergeants, and such other officers as the com- pany may provide for in their constitution, to be appointed by the Captain, and shall hold their offices for the term of one year, or until their successors are elected and appointed. Sec. 4. It shall be the duty of the Fire Police, immedi- ately on the alarm of fire, to repair to the place of fire, and report to the Chief Engineer for orders, and under whose directions they shall take charge of the buildings and con- tents, superintend and direct the removal of merchandise and property to places of safety when necessary, and protect the same, preserve order, and quiet, keep all idle, unnecessary and suspicious persons from the vicinity of the fire, and they shall have all the powers of the City Marshal to make arrests, quell disturbances, and preserve order that may be possessed by that officer or any peace officer within the limits of the city. Sec. 5. During the time of a fire, and twenty-four hours thereafter, or longer by order of the Mayor, it shall be lawful for the Fire Police, under direction of their commanding offi- cer, to make all necessary arrests of any suspected persons, or any persons hindering, resisting, or refusing to obey any such CrrY ORDINANCES. 127 officer, or officers of the tire department while acting in the discharge of their duty, to prevent persons from meddling with or treading on the hose, or teams from running over the hose while in use. Sec. 6. The commanding officer of the Fire Police, with the advice of the Chief Engineer, shall have power to exclude all persons but firemen from a certain space surrounding any fire, and shall have full power to command, and order, all per- sons present to assist in the extinguishment of the same, or in the removal of and preservation of property, and any per- son who refuses to obey any such officer, or his subordinates in any of the matters contained in this ordinance, shall be deemed guilty of a misdemeanor, and upon conviction, be fined not less than one, nor more than one hundred dollars and costs of prosecution. Sec. 7. The Fire Police shall wear a uniform or some conspicuous badge, while on duty, in order that they may be easily recognized. Passed I^oyember 13th, 1874. Attest: A. B. HULL, J. C. Stoddard, Mayor. Recorder. ORDIHAA^CE HO. 25. AN ORDINANCE for the prevention of Fires. Sec. 1. Appointment of Fire Policeman. 2. Duties of Fire Policeman defined. 3. To prevent pipes passing through side or roof. 4. Inside pipes ; how secured. 5. Flues, how to be constructed. 6. Examinations in day time. 128 CITY ORDINANCES. 7. To prevent cinders and sparks escaping. 8. All chimneys, &c., to be cleaned once in each year. 9. Penalty for violations, &c. 10. Compensation of Fire Policeman. 11. Term of office; Council to control. 12. Repealing clause. Sec. 1. Be it ordained hy the City Council of the City of Cedar Rapids: That there shall be appointed by the City Council, a Fire Policeman, who shall perform the duties pre- scribed by this ordinance. Sec. 2. It shall be the duty of the Fire Policeman, during the months of October and ISTovember of each year, and at such other times as he may deem proper, to examine all chim- neys, fire-places, hearths, ovens, stove-pipes, flues, smoke- stacks, furnaces, flxed boilers, or other apparatus or fixtures in all buildings in this city, which may cause or promote fires; also all places for the deposit of ashes, and all places contain- ing shavings, or other combustible mp^tter from which danger by fire may be apprehended, and if he shall find any such to be in a defective or unsafe condition, he shall order the occu- pant of the premises where the same is situated, to alter, repair, remove or abate the same, and if such order is not complied with after reasonable notice, the Fire Policeman shall abate or remove the same, by consent of the Mayor, and the owner or occupant shall be liable for the costs of such removal or abatement, in a civil action brought in the name of the city. Sec. 3. FTo person shall in this city, extend any stove- pipe or sheet-iron, or other metalic flue through the roof or side of any building, out-building, or addition to any build- ing. Sec. 4. The pipe of any stove which passes through any portion of the inside of the building in which the same is used, shall be at least two inches from any wood, and securelj^ surrounded by some fire-proof material. Sec. 5. All chimney flues hereafter built within this city. CITY ORDINANCES. 129 shall be built of well burned brick; the wall not less than four inches thick, the inside surface well covered with a coat of plaster, and said Hues shall project not less than two feet from the roof of the building, measuring from the top of the chimney to the nearest point of the roof. Sec. t). The examinations made by the Fire Policeman by virtue of section two of this ordinance, shall be on week days and during the day time. Sec. 7. Every smoke-stack of any stationary steam engine, or of any steam mill -or factory, or of any steam works of any kind, now or hereafter operated in this city, shall be so con- structed or arranged, that neither sparks, cinders nor coals can escape therefrom ; and any person making use of any such smoke-stack, not so constructed or arranged, shall be deemed guilty of a misdemeanor, and fined as hereinafter provided. The provisions of section two of this ordinance are also declar- ed applicable to any such smok-e-stack not so constructed or arranged. Sec. 8 . Tt shall be the duty of every person owning prop- erty within this city, and of every person occupying, using or controling, either as tenants or otherwise, any property in this city, once in each year, on or before the first day of October, to thoroughly and properly clean out and remove all soot or other obstruction that may have accumulated in any chimney, fire-place, hearth, stove, stove-pipe, fines, smoke-stack, fur- nace, fixed boiler, or other apparatus that may be in or upon any property so owned, occupied or controled as aforesaid. Sec. 9. Any person violating any of the provisions of this ordinance, or refusing to comply with any lawful directions given by the Fire Policeman, or who shall hinder or obstruct him in the discharge of his duty shall be deemed guilty of a misdemeanor, and upon conviction, be fined not less than five nor exceeding one hundred dollars. Sec. 10. The Fire Policeman shall be entitled to compensa- tion not to exceed two dollars for each day’s services rendered in 130 CITY ORDINANCES. the discharge of his duties as herein provided, when actually engaged in the discharge of the same. Sec. 11 . The Fire Policeman shall hold his office during the pleasure of the City Council who may remove and appoint, as they see fit. Sec. 12. All ordinances or parts of ordinances, conflicting with this ordinance, are hereby repealed. Passed October 12th, 1866. Attest: A. K. WEST, Geo. C. Haman, Mayor. Recorder. ORDTNAXCE NO. 26. AN ORDINANCE relative to changing the name of Walnut Street to Park Avenue. Sec. 1. Be it ordained hy the City Council of the City of Cedar Bapids: That the name of Walnut Street in the Fourth Ward of this city is hereby changed to Park Avenue, and by the name of Park Avenue said street shall be known and designated in all the official acts of this city. Passed August 4th, 1871. Attest: THOS. Z. COOK, J. C. Stoddard, Mayor. Recorder. CITY ORDINANCES. J31 OllDIXANCE XO. 27. AN ORDINANCE relative to cliaugiug the name of Sugar Street, and g^iving a name to the Public Park on the north-east side of Sugar Street. Whereas, A laro’e number of residents and property owners on Sugar Street have petitioned the (hty Council that the name of Sugar Street be changed to Franklin Avenue, and that the Park on the north-east side of Sugar Street, be named Franklin Park; therefore, Sec. 1. Be it ordained hy th e City Coaoudl of th e City of Cedar Bajnds: That the name of Sugar Street in said city is hereby changed to Franklin Avenue. Sec. 2. That the Public Park lying on the north-east side of Sugar Street, is hereby named Franklin Park, and by that name shall hereafter be officially known and designated. Passed June 9th, 1(ST1. Attest: TTIOS. Z. COOK, J. C. Stood A Rj), Mayor. Recorder. ORDIXAXGE NO. 28. AN ORDINANCE changing the name of Market Street. Whereas, A large majority of residents and property owners on Market Street have petitioned the City^ Council of Cedar Rapids, to change the name of said street to Park Avenue; therefore. Sec. 1. Be it ordaiiied hy the City Council of the City of 132 OTTY ORDINANCES. Cedar Rajnds: That the name of Market Street in said city, is hereby changed to Park A venue. Passed June 25th, 1869. Attest: A. P. WEST, Geo. C. Haman, Mayor. Pecorder. OPDINANCE ]SrO. 29. AN ORDINANCE for the numbering of lots and naming of streets. Sec. 1. Be it ordained hy the City Council of the City of Cedar Rapids: That the several Streets, Avenues, and Pub- lic Squares of this city, shall hereafter be known by the names respectively thereto applied on the recorded ]3lat of the town (now city) of Cedar Papids. Sec. 2, All that portion of the city lying north of Iowa Avenue to be known and designated as the north division of the city, and all that part south of Iowa Avenue to be known and designated as the south division of the city. Sec. 3. That all lots in the said city shall be numbered, each twenty (20) feet front (including alleys) constituting one number; numbers to commence and run as follows, to- wit: ISTumbers on Iowa Avenue and all streets running parallel therewith, to commence at Commercial Street, even numbers being placed on the left hand side, and odd iiumbers on the right hand side of the streets. Numbers on Commercial Street and all streets running parallel therewith, to commence on Iowa Avenue, even numbers being placed on the left, and odd numbers on the right hand side of the streets, in the CITY ORDINANCES. 138 south division, and odd nnnihers on the left, and even mini- bers on the right hand side, in the north division of said city. Sec. 4. There sliall he provided by the City Council a map of said city, on which every person’s premises shall be repre- sented by its proper number, which map shall be kept in the ofhce of the Mayor, and open for public inspection at all rea- sonable times; said premises to be numbered from time to time, when ordered by the City Council, as hereinafter provi- ded. Sec. 5. The City Council may from time to time, as it may think necessary, prescribe by resolution, what premises on any streets or parts of streets shall be numbered in pursu- ance of this ordinance, which shall be published twice in a weekly newspaper published in the said city, and any and all persons owning or occupying any such premises, shall within thirty (^30) days after the last publication of such resolution, place upon the building or buildings (if any) fronting upon such streets, the proper numbers as numbered on the map aforesaid. Sec. 6. Eacdi of the figures of every number shall be not less than three (3) inches in length, being so marked as to be distinctly and easily read ; such number shall be placed in a conspicuous place on the' side or above the front door of the building, and if there is no front door, over the window. Sec. T. Any person owning or occupying any such prem- ises, who shall neglect or refuse to place on the premises, as shall be set forth or included in any resolution, the proper number, within thirty (30) days after the last publication thereof shall be liable to a penalty ot five (5) dollars, and to a penalty of five (5) dollars for each and every thirty (30) days thereafter that such number is not placed on the building or buildings as aforesaid, and the City Council shall order said numbers to be placed as required by the ordinance, and assess the cost of the same to the property, and collect the same as other taxes are collected. lU cm* ORDINANCTRS. Sec. 8. The (hty Council may, whenever it shall deem the same necessary, provide from time to time, at the expense of the city, proper signs, on which shall be paiiited the names of streets and avenues, and have the jsame placed on the corners of any block or blocks said Council may designate, in conspic- uous places thereon. Passed January 24th , Attest: ' A. K. WEST, D. A. Bradley, Mayor. Kec'order. OEDIAAI^CE NO. 80. AN ORDINANCE relative to Street Tax, and providino; for the appoint- ment of a Street Commissioner. Sec. 1 . Office of Street Commissioner created. 2. Every male inhabitant to labor on road or street two days each year, or pay two dollars. 8. Street Commissioner notify ; notice, form of. 4. Treasurer to give receipt and report to Council condition of street tax fund. 5. Recorder to provide receipts and notices, also list of persona required to labor. (j. Street Commissioner to issue receipts for labor, and account to Treasurer. Sec. 1. Be it ordairied hy the City Council of the Cihy of Cedar Rapids: That the office of Street Commissioner is hereby created, and there may be annually appointed by the said Council, a suitable person to till the same, who shall discharge such duties as are herein provided, and such further duties as may be designated by the (hty Council, and shall receive such compensation as may be fixed by said Council from time to time. Sec. 2. That every male inhabitant of the age of twenty- OXTT ORDINANOER. m one yeai's, jiiul ninler the age of forty-five years, is liereby re([nired to labor two days in each year upon the streets, roads and alleys, at sncb time and place, and in sncb manner as the Street Commissioner may appoint and dii’eet, but every sncb person may, at bis option, pay at the rate of one dollar in casb for eveiy day be may be bound to labor, provided sncb payment be made to the City Treasurer previous to the first day on wbicli be shall have been notified to labor, and in de- fanlt of payment being 'made by sncb day, as aforesaid, the snni of two dollars may be collected of su(‘h person, with costs. Sec. d. The Street Commissioner is hereby authorized to demand the services of all persons subject to sncb tax as afore- said, by serving a written or printed notice at least five days previous to the day first appointed to commence labor, which notice may be in the following form, viz: Sir — You are hereby notified and required to appear at the City Hall at eight o’clock a. m. on the day of , with for the purpose of laboring upon the streets under my direction. In case you fail to appear and labor, you are required, on or be- fore the first day mentioned, to pay the City Treasurer two dollars in cash, otherwise you shall become liable to be sued for the same without further notice.” Street Commissioner. Sec. T. That it shall be the duty of the City Treasurer, upon payment being made as aforesaid, to issue a receipt therefor, specifying the year for which payment was made, and the nature thereof, and shall keep a re(*nrd of the same, and no payment shall be made from such fund, except upon order of the City Council; and the Treasurer shall pay each order so drawn, and charge the same to tlie street tax fund. The Treasurer shall report to the City Council, whenever re- quired, the state of the street tax fund, and at all times give 136 CITY ORDINANCES. to the Street (Jommissioner such information as he may desire relative to such fund. Sec. 5. That the Kecorder shall, under the direction of the Finance Committee, jirovide appropriate receipts and notices for the Treasurer and Street Commissioner, and fur- nish the Commissioner with an alphabetical list of all persons required to perform street labor, which list shall be entered by him in a book kept for that purpose. And it shall be the further duty of the Kecorder, to place said book in the hands of the Treasurer for his collection as aforesaid, taking his receipt therefor. Sec. 6. That the Street Commissioner shall issue his re- ceipts to all persons who may labor upon the streets under his direction for two days, and it shall be his duty to return to the Treasurer, weekly, a list of all such y)ersons whose labor he has receipted for. Passed November, 28th, 1856. Attest: ISAAC N. WHITTAM, D. M. McIntosh, Mayor. Kecorder. OKDTNANCE NO. 31. AN ORDINANCE establishing a Board of Health. Sec. 1. Appointment of three members of medical profession to consti- tute a Board of Health. 2. Chairman; Quorum. 3. Pi'ovides for sessions ; removal; vacancies, how filled. 4. General supervision. 5. Power of Board to make regulations, t). Board shall publish notice. 7. Shall abate nuisance. OITY ORDINANCEf?. 137 8. Persons refusing or neglecting to comply shall be liable to penalty. 9. Marshal to serve notice; manner of. 10. Expenses to be paid by persons causing nuisance. 11. Violation of Regulations of Board a misdemeanor. 12. Board to keep a record book. 13. Compensation of members. Sec. 1. Beit ordained hy the City Council of the City of Cedar Rapids: That there be appointed annually by the City Council, at the first session in April of each year, three Health Officers, consisting of three members of the medical profession, who shall be styled a Board of Health. Sec. 2. That the first health officer appointed as aforesaid, shall be considered the chairman of the Board; and any two members of the same shall constitute a quorum for the trans- action of business. Sec. 8 . Said Board shall sit upon its own adjournments, and at such time and place as it may designate; any member of the Board may be removed and the vacancy filled at the pleasure of the City Council, and a vacancy in said Board, however occasioned, may be filled at any time by the City Council. Sec. 4. The Board of Health shall have a general super- vision over the health of the city, the cleanliness of the streets, alleys, avenues, market places, public squares, lots, yards, buildings and enclosures of every description. Said Board shall h^ve power to examine, or cause to be entered upon and examined in the day time, all houses, cellars, enclosures and all other places wdthin the city, to ascertain their condition ; to make such regulations as it may deem necessary for the public health and safety respecting nuisances, sources of filth, and causes of sickness within the city, and may exercise such other powers as shall be deemed necessary to carry into exe- cution the provisions of this ordinance. Sec. 5. The Board shall have power to make regulations in relation to cleaning the streets, alleys, drains and sewers of the city; may regulate, prohibit or prevent all communica- 138 CITY ORDINANCES. tion or intercourse by and with all lionses, tenements and places, and the persons occupying the same, in which there shall he any persoji sick Avitli any contagious, malignant or infectious disease; and in all cases, when in tlie judgment of the Board, the health of tlie city demands it, shall cause any person within the limits of the city, sick with a disease A\diich is infectious, contagious or dangerous to the community, to be removed to a suitable place where danger to the inhabitants of the city will be prevented; to employ all such persons as shall be necessary to carry into etfect tlie regidations adopted by the Board, and to fix their conp^ensation, to employ physi- cians in cases of po\'erty, and to take such general precautions and actions as it may deem necessary for the public health. Sec. t). The Board shall give notice of all regulations made, by publishing the same in the official iieAvspaper of the city for tAvo consecutive AA^eeks, and sucii notice shall be deem- ed legal notice to all persons. Sec. 7. The Board shall examine into all nuisances, sources of hltli, and causes of sickness AAdthin the city, and shall take immediate measures to abate, reniOA^e or prevent the same Avherever found. Sec. 8. Tlie Board shall order the oAvner or occupant, at his own expense, to remove any nuisance, source of filth, or cause of sickness found on priA-ate property in this city, with- in such time as it deems reasonable, and if such person neg- lects, or refuses to comply Avith such order, he shall forfeit to said city, a sum not exceeding twenty-tlA^e dollars for every day during which he knoAvingly permits such nuisance to remain, after the time prescribed for the remoA^al thereof. Sec. 9. Such notice shall be made in Avriting, and shall be served by the City Marshal, in the manner in Avhich original notices in the commencement of civil actions, are required to be served by the laAvs of the State of Iowa. Sec. K). If the owner or occupant fails to comply Avith such order, the Board may cause the source of filth, or cause CITY ORDINANCES. 139 of sickness, to be removed, and all expenses incurred thereby shall be paid by such persons. Sec. 11. Any person who shall wilfully violate any of the regulations so made and published by the Board of Health, as provided by this ordinance, shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine or im- prisonment, such fine not to exceed one hundred dollars, and such imprisonment not to exceed thirty days. Sec. 12. The Board of Health shall procure a suitable • book in which they shall keep a brief record or synopsis of their action, as well as the expenses incurred under their orders ; Provided^ always^ the expenses of removing or aba- ting nuisances shall in all cases be paid by the owner or occu- pant of the premises whereon such nuisances are found. Sec. 13. The Board of Health, as herein provided for, shall receive such compensation for services rendered, as the City Council shall prescribe. Passed July 11th, 1873. Attest: J. F. CHAELES, J. C. Stoddard, Mayor. Eecorder. OEDIHAHCE HO. 32. AN ORDINANCE to provide for ligliting the City of Cedar Rapids with Gas. Sec. 1. W. H. Whitla & Co. vested with the exclusive privilege of streets and alleys for 20 years for laying and use of gas-pipes, under restrictions. 2. Must give notice to Mayor or Street Committee before opening any street, &c. 3. Regulating price of gas to consumers, and providing gas for city. 4. City lamps outside of mains to be provided for. 140 CITY ORDINANCES. 5. Gas Co. required to complete their works in a prescribed time, and lay certain main pipes, and upon application, extend the same. 6. Providing for gas in 4th Ward. 7. Company must indemnify the city from loss or damage. 8. Company to have equal rights with any other Company, at expi- ration of term. 9. Agree to erect and maintain good works, until expiration of grant. 10. In case of failure on part of Gas Co. to perform ; forfeit. Sec. 1. Be it ordained hy the City Council of the City of Cedar Bapids: That for the purpose of encouraging and promoting the introduction of gas into the city at reasonable rates, W. IT. Whitla and his associates, acting under the name and title of W. H. Wliitla & Co., be, and are vested with the exclusive privilege for the term of twenty years from the pas- sage of this ordinance, of using the streets and alleys of this city, and all streets and alleys that may hereafter be added, for the purpose of laying down in said streets and alleys, pipes for the conveyance of gas in and through said city, for the use of said city and its inhabitants, provided that said gas-pipes shall not interfere with the drainage of said city, or the neces- sary construction of sewers, or the underground fixtures for the conveyance of water, or with any other improvements said city may deem proper to make upon said streets or alleys. Sec. 2. That whenever said Gas Company propose to open any street or alley for the purpose of laying down more gas- pipes, they shall give the Mayor or Street Committee one day’s notice thereof, and shall not, during the progress of their work, unnecessarily obstruct the passage of said street or alley; and further, they shall, within a reasonable time, repair such portions of any street or alley they may have broken up, in such manner as they found it, subject to the approval of the Street Committee and the City Council -of said city, pro- vided they shall not interfere with the city authorities, should they be engaged in improving any such street at time of notice, and shall not injure or remove any sliade or ornamen- tal trees on any street, avenue, alley or public place in said city. CITY ORDINANCES. 141 Sec. 3. That in consideration of the privileges granted to tlic company aforesaid, they shall furnish the citizens with gas at a rate not exceeding live (5) dollars per thousand cubic ieet, until the consumers shall reach two hundred (200) when the price shall be reduced to four dollars and fifty cents ($T50) per thousand cubic feet, when the number of consum- ers shall reach four hundred (400), then the price shall be reduced to a price not exceeding four (4) dollars per thousand cubic feet, and so remain until the expiration of this grant; provided, that any discovery or improvements be made in the preparation of gas from coal or other material, either fiuid or solid, by which the cost of making gas will be materially diminished and the same shall be adopted in other principal cities of the country, then in such case the company aforesaid shall introduce such discovery or improvement in said city of Cedar E-apids, and make such deductions in the price of gas as shall be effected by such discovery or improvement; and the said Gas Company shall at all times furnish to said city, upon the streets, avenues, alleys and public grounds, through which the leading main pipes may be laid, for the purpose ot supplying the citizens with gas, such quantities of gas as may be ordered by the City Council for public lamps for one- half dollar less per thousand cubic feet than the price paid by the citizens at the same time, to be paid monthly in par funds; said public lamps to be lighted and extinguished at such hours as the City Council may by resolution from time to time direct. The lamp -posts, lamp-metres and burners are to be furnished and kept in repair at the expense of the said city, unless otherwise arranged with the said Gas Company. But said Gas Company, when the number of lamps exceed one hundred, shall light and extinguish all public lamps and keep the same in repair at their own cost and expense. Sec. 4. That if the said City Council shall decide at any time to erect lamps at point or points, near which, or to light any street, avenue, or alley in which said Company has no 142 CITY ORDINANCES. main pipes, then the said Company shall, for a fair compensa- tion paid by said Council, lay down, in reasonable time, the necessary main pipes and fixtures as ordered by the Council, and the lamps thus erected shall be supplied with gas by the Company, upon the terms prescribed in the preceding sec- tions, and the said lamps shall be subject to the same regula- tions as other public gas lamps; and the pipes thus laid down at the expense of the city, shall not direectly or indirectly be used for furnishing gas to citizens, nor shall other gas pipes be laid down within that portion of the street or alley occupi- ed by the main pipes of the city, until the amount expended by the city for laying down the same shall have been refunded to the city by the Company aforesaid. Sec. 5. That the privileges granted in the preceding sec- . tions are made upon the further conditions that the said Gas Company or assigns shall, within ninety days from the pas- sage hereof, commence making arrangements for the construc- tion of gas works, and on or before the first day of Sept., A. D. 1ST2, complete the apparatus for making and supplying the city with gas, and shall furnish gas on or before the time specified for the completion of said works, and shall lay down at least two and one-half miles of main pipe in the principal streets of said city, including the business part thereof; and said Gas Company, shall at any time, and from time to time, upon the written application of the owners or occupants of ten buildings, who shall set forth in the application their desire to use gas, and who shall be situated upon any one street or avenue, all of which buildings shall be within one thousand feet of any main pipe, within six months after such applica- tion shall be made to them, extend or lay down pipes and supply such applicants with gas upon the same terms and conditions above set forth. Sec. 6 . That whenever the owners or occupants of fifty buildings, situated in the Fourth Ward of this city, shall CITY ORDINANCES. 143 signify in writing their desire to use gas, and shall make ap- plication to said Company in writing, setting forth their desire and intention to use gas, said W. H. Whitla & Co., or their assigns shall cause to be laid across the river main pipes, and furnish said owners or occupants with gas at the same rates and upon same conditions above prescribed, provided that not more than one-half mile of main pipe be required from west bank of the river to supply said applicants. Sec. 7. That the said W. H. Whitla & Co., or their assigns, shall fully indemnify and save harmless, the city of Cedar Rapids, its Mayor, Recorder and Aldermen, from all loss or damage they may sustain by reason of the use or occupation of any street, avenue, alley or public place, by the Company, for the use and purposes aforesaid. Sec. 8. That it is hereby guaranteed on the part of said city, that the said W. H. Whitla & Co., and assigns, shall, at the expiration of the privilege herein granted, have equal rights and privileges v^ith any other Gas Company that may be formed in the city of Cedar Rapids. Sec. 9. The said W. H. Whitla & Co. undertake and agree to and with the said city, to erect within the limits speci- fied, and within the time before mentioned, and to perma- nently maintain good, complete, capacious and substantial gas works, equal to the best in any city of the same popula- tion in the State, until the expiration of the time of this grant, and to make and furnish to said city and the citizens thereof, a good quality of gas, equal at least in quality to the best gas works in the State of Iowa. Sec. 10. It is expressly understood that if the said Com- pany shall wilfully, or without good cause, fail to furnish gas to said city for the period of three days, or shall violate or fail to comply with any provisions of the foregoing sections, then in such case they shall forfeit, at the option of the City 144 CITY OEDINANOE8. Council, all the privileges hereby granted, and the City Coun- cil reserve the right in such case to repeal the same. Passed November 17th, 1871. Attest: THOS. Z. COOK, J. C. Stoddard, Mayor. Recorder. ORDINANCE NO. 33. AN ORDINANCE relating to the discharge of Fire-arms and tlic explo- sion of Powder. Sec. 1. Be it ordained hy the City Council of the City of Cedar Rapids: That any person who shall discharge any cannon, gun, fowling-piece, pistol, or other fire-arms, or shall burn or set off fire-crackers, squibs, or other fire- works within this city, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined not less than one dollar, nor exceed- ing fifty dollars for each offense; Provided^ that the Mayor may suspend the operation of the preceding provision of this section in whole or in part, on the Fourth day of July, or any other day of public rejoicing, and provided further, that noth- ing herein contained shall prevent the shooting of dogs by the City Marshal. Passed April, 1861. Attest: A. R. WEST, Geo. C. Haman, Mayor. Recorder. OITY ORDINANCES. 145 OKDmAlS^CE 1^0. 34. AN ORDINAN('E relating to the keeping of Gun Powder. Sec. 1. Be it ordained hy the City Council of the City of Cedar Rapids: That no person, or persons, or firm shall keep in store any ^un or blasting powder in any house, shop, or other place, within the limits of the city, except in such place or magaziu.e, as shall have been approved by the Mayor of the city I'or that purpose; Provided^ that any person or firm, in retailing powder, may keep for retail purposes only, a quantity not to exceed twenty-five pounds at any one time, at their place of business; Provided further, that all powder so kept for retail, shall be kept in covered tin canisters, and labeled ^T^owder,” and in a situation remote from fires, lighted lamps or candles, and it shall he the duty of the City Marshal to see that retailers of powder comply with this ordinance; any violation of the same shall subject the offenders to a fine of not less than one dollar nor more than one hundred dollars for every ofiense. Passed April 30th, 1869. Attest: A. K. WEST, Geo. Cl IIaman, Mayor. Kecorder. OEDmAi^CE ^O. 35. AN ORDINANCE prohibiting the ringing of Auction Bells, and adver- tising sales hy loud noises. Sec. 1. Be it ordained hy the City Council of the City of Cedar Rapids: That hereafter no person or persons shall be allowed within the corporate limits of this city to ring 146 CITY ORDmANOES. auction bells upon the streets or alleys therein, or in front of any place of business or dwelling house, or to advertise for the same by loud hallooing or calling; and any person or per- sons violating the above shall be deemed guilty of a misde- meanor, and upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars and costs of prosecu- tion, and stand committed to the county jail until the said fine and costs are paid. Passed February, 1862. Attest: A. E. WEST, Geo. C. Haman, Mayor. Eecorder. OEDIFTAIS^CE NO. 36. AN ORDINANCE relative to issuing City Bonds for the purpose of aid- ing in the construction of a free bridge over the Cedar River at the foot of Park Avenue. . PREAMBLE. 1st. Resolution of Supervisors ; appropriation from Bridge Fund. 2d. Designating site, and authorizing expenditure of appropriation thereon. 3d. Mayor instructed to issue proclamation ; question, borrowing twelve thousand dollars, on bonds of the city. 4th. Proclamation of Mayor. ' 5th. Result of election ; number of votes, &c. ORDINANCE. Sec. 1. Issue of $12,000 of City Bonds directed. 2. Title of Bonds. 3. Mayor authorized to negotiate the sale of bonds. 4 & 5. Provides for interest and redemption of the bonds by sinking fund. 6. Treasurer shall keep funds separate, arising from Bridge Tax. 7. Treasurer may borrow to pay interest or principal. 8. Provisions of this ordinance deemed a contract between the city and purchaser of bonds. 9. Repealing clause. CITY ORDINAJSTCES. 14T 1st. Whereas, The Board of Supervisors of Linn County, on the 11th day of January, A. D., 1871, for the purpose of aid- ing in the construction of a bridge across the Cedar Biver at Cedar Eapids, adopted the following resolution, to-wit: Resolved aird ordered by the Board of Supervisors of Linn County, that there be and is hereby appropriated of the Bridge Fund of this county, to be expended under the direction of this board for the purpose of building a bridge across the Cedar River at the city of Cedar Rapids, Fourteen Thousand (14,000") Dollars, no part of which shall be expended until a sufficient sum shall be raised by subscription or otherwise to build a good and substantial bridge across the said river. 2d. And Whereas, At a meeting of a committee of the Board of Supervisors of Linn County, held at Cedar Rapids, February 25th, 1871, for the purpose, of designating a site for the erection of a free bridge across Cedar River, the following preamble and resolution were adopted: Whereas, The City Council of Cedar Rapids have appro- priated the sum of Six Thousand Dollars for the erection of a free bridge across the Cedar River at the foot of Park Ave- nue, in said city, and the citizens have raised by subscription for the same purpose, the sum of Eleven Thousand Dollars ; therefore, be it Resolved, By this Committee, that the sum heretofore appropriated by the Board of Supervisors, be expended in the erection of a free bridge at the foot of Park Avenue in said city, upon condition that a sufficient sum be raised by sub- scription or otherwise, by or before the 3d day of April next, to build and complete a good and substantial bridge at the foot of said Park Avenue. Joseph Whitney, William Ure, Supervisors. 3d. And, Whereas, At a special meeting of the City Council of the city of Cedar Rapids, held on the 28th day of February, A. D., 1871, called for the purpose of taking action 148 CITY ORDINANCES. upon the resolutions of the Board of Supervisors, passed Jan- uary llth, 1871, and upon the resolutions of the said commit- tee of a majority of said Board, the following preamble and resolutions were adopted: Whereas, The County Commissioners of Linn County have appropriated the sum of Fourteen Thousand Dollars, for the purpose of constructing a free bridge across the Cedar Kiver at Cedar Rapids, and whereas the citizens and tax-pay- ers of the city have petitioned the Council to submit ’to a vote of the 23eople of Cedar Rapids, the question of borrowing money to aid in the construction of said bridge, and pledge the faith of the city for the payment of the same; therefore, he it Resolved^ That the Mayor he instructed to issue his proc- lama;tion, submitting to the legal voters of the city, the ques- tion of borrowing the sum of Twelve Thousand Dollars pledging the faith of the City by the issuing of City Bonds, for the said sum of Twelve Thousand Dollars, said bonds to bear ten per cent, interest and to run ten years ; and be it further Resolved^ That the appropriation of Six Thousand Dollars heretofore made by this Council, to aid in the construction of a free bridge, shall be null and void, in case the bonds herein mentioned shall be voted. 4th. And Whereas, Win. B. Leach, Mayor of said City, in obedience to and in pursuance of the said resolution, issued his proclamation, as follows, to-wit : PROCLAMATION. To the qualified voters of the Qity of Cedar Rapids: Whereas, At a special meeting of the City Council of said city, held at their council room on the 28th day of February, A. D. 1871, the said Council by resolution instructed the Mayor of said city to submit to the legal voters of said city the question of said Council borrowing the sum of Twelve Thousand (12,000) Dollars, payable in ten (10) years with CITY ORDINANCES. 149 ten (10) per cent, interest per annum, and pledging the faith of the city for the payment thereof, and that the same be used in the construction of a free bridge across the Cedar River at Cedar Rapids, Iowa. How Therefore, I, Win. B. Leach, Mayor of the city of Cedar Rapids, in pursuance of said resolution, and by authority in me vested, do hereby give notice to the legal and qualified, voters of said city, that there will be a special elec- tion held at the City Hall in said city, on the 14th day of March, A. D. 1871. Polls to be opened at 9 o’clock a. m., and closed at 4 o’clock p. m. of said day, for the purpose of submitting the question of said Council borrowing the sum of Twelve Thousand (12,000) Dollars, payable in manner and form and for the purpose hereinbefore set forth. Those in favor of said loan, will cast a ballot on which shall be written or printed, “In favor of the loan,” and those opposed to said loan, will cast a ballot on which shall be written or printed “against the loan,” a majority of the votes cast to decide the said question. Given under my hand this 3d day of March, A. D. 1871. (Signed) WILLIAM B. LEACH, Mayor of the City of Cedar Rapids, Iowa. Which Proclamation was duly published the time and in the manner required by law. oth. And Whereas, In accordance with said Proclama- tion, the said election was held at the time and place, and in the manner and form as therein required, at which election the whole number of votes cast was 479, of which 390 were in favor of said loan and 83 against the said loan, and six votes scattering; being a legal majority in favor of said loan, which said votes were duly counted, canvassed and approved by the said City Council. Sec. 1. How Therefore, Be it ordained hy the City Council of the City of Cedar Bapids: That in order to carry 150 CITY ORDINANCES. out the object of said special election, and to provide for the issuing of said bonds, and for the purpose of establishing a sinking fund to provide the means to pay any indebtedness created thereby, the Mayor and Kecorder of the City of Cedar Rapids are hereby authorized, empowered and directed to execute and issue the bonds of the city, after the work upon the said free bridge, at the foot of Park Avenue, shall have been commenced, and from time to time as the work thereon shall progress, amounting in the aggregate to the sum of Twelve Thousand Dollars, signed by the Mayor and coun- tersigned by the Recorder, with the corporate seal of the city affixed, bearing date the day of A. D. 1871, pay- able in ten years after the date thereof to or in sums* of dollars, each with interest thereon at the rate of ten (10) per centum per annum, interest payable annually or semi-annually, with interest coupons thereto attached signed by the Mayor, bearing even date with the bonds. The prin- cipal and interest of said bonds to be payable at the I^a- tional Bank, in the city of ]S"ew York, or either Bank in Cedar Rapids. Sec. 2. The title of said bonds shall be: ‘^The City of Cedar Rapids ten per cent Park Avenue Bridge Bonds,” and shall be numbered from iSTo. one (1) upwards. Sec. 3. The Mayor of the city of Cedar Rapids is hereby authorized, empowered and directed to negotiate the sale of said bonds and the coupons attached, to any person or. per- sons, but at not less than ninety (90) cents on one dollar. . Sec. 4. For the redemption of said bonds at maturity, and for the payment of the interest to accrue thereon, the said city of Cedar Rapids hereby pledges. First — Its faith and credit. Second — The taxes levied and to be levied and collected for the payment thereof on all the property, real and personal, subject to and to become subject to taxation within the said city of Cedar Rapids. CITY ORDINANCES. 151 Sec. 5. That at the time tliat the other annual taxes of said citv are levied, there shall in addition thereto also be lev- ied from year to year by the City Council, an annual tax upon the property, real and personal, subject to taxation, for coun- ty and State revenue, a sum sufficient to pay the interest for one year on all bonds issued in pursuance of this ordinance, and also at the same time, levy such sum or sums, from year to year, as to them may seem proper, to meet and pay the principal of said bonds, at maturity; and when the said City Council shall have made such levy, it shall be the duty of the City Assessor to extend the same on the collection book, for the year in which the levy is made, and in a separate column to be denominated “The Park Avenue Bridge Tax,” which tax shall be collected in the same manner as the other annual taxes of the city ; and the payment thereof to be included and enforced by the same regulations of statutes and ordinances as obtain in reference to other annual taxes of said city. Sec. 6 . That it shall be the duty of the Treasurer of said city to keep all moneys arking from the collection of said “Park Avenue Bridge Tax” separate and apart from the ordi- nary funds of said city, to be sacredly kept and paid out by him only for the payment of the semi-annual interest accru- ing and due on the said bonds, and for the payment of said bonds wheh due, and for the purchase of said bonds before due, when the same may be purchased at or less than their pai* value. Sec. 7. The City Treasurer shall have the power to raise by temporary loan, upon the credit of the said city of Cedar Bapids, such sum or sums of money as may be needed for the payment of the interest on said bonds, or the payment of said bonds when becoming due, and for vvffiich there shall be insuffi- cient funds in the hands of the Treasurer of the said city for that purpose; but in all cases such temporary loans, with interest not to exceed ten (10) per cent'., shall be provided for 152 CITY ORDINANCES. and paid out of the first moneys of “Park Avenue Bridge Tax” received into the City Treasury. Sec. 8. The provisions hereinbefore contained for the issu- ing of bonds and the establishing of a sinking fund shall be deemed and taken as a part of the contract between the city and the parties purchasing said bonds, and shall not be repealed or modified so as in any manner to impair the secu- rity offered to the holders of the same. Sec. 9. All ordinances or parts of ordinances inconsistent, and all resolutions and votes inconsistent with the provisions of this ordinance are hereby repealed. Passed March 24:th, 1871. Attest: THOS. Z. COOK, J. C. Stoddard, Mayor. Kecorder. OPDIKAKCE KO. 37. Proclamatiou ; Decree of Court : Petition. Resolution of Council. Sec. 1. Territory described, and rights of citizens. 2. Numbered as 4tli Ward. 3. Special election for Aldermen. Whereas, A majority of the legal voters of the village of Kingston and territory adjacent, to the number of seventy, did petition the Honorable The Circuit Court of Linn County, Iowa, praying for an order that certain territory might be annexed to, and made a part of, the city of Cedar Rapids, Iowa. CITY ORDINANCES. 153 And Whereas, Said Court did make an order in the words and figures as follows, to-wit: ‘^And now, to-wit, on the 27th day of January, A. D. 1870, this matter being called for hearing, and the Court being ful- ly advised in the premises, it is considered and ordered by the Court that the territory described in the petition may be annexed to and become a part of the city of Cedar Rapids, Iowa, to be known as West Cedar Rapids, and that the peti- tion with the maps accompanying the same be delivered to the^ Recorder of said city of Cedar Rapids. SYLYAISTUS YATES, Judge Circuit Court.” And Whereas, On the 2lst day of February, A. D. 1870, A. R. West, Mayor of the city of Cedar Rapids, did issue his proclamation to the legal and qualified voters of said city that an election would be held on the 7th day of March, 1870, upon the (Question of the annexation of Kingston and territo- ry adjacent and contiguous thereto, which election resulted as follows: 4J1 votes for annexation and 13 against, the same being a majority of all the votes cast for annexation: And Whereas, The petition of said citizens of Kingston, plat of Territory, the order of said Circuit Court, the procla- mation of the Mayor, the abstract of votes, and the resolution of said City Council declaring said territory duly annexed has been filed and recorded in the office of the Recorder of Linn county, and in the office of the Secretary of State for the State of Iowa: And Whereas, On the 25th day of March, A. D. 1870, the City Council of said city of Cedar Rapids passed the fol- lowing resolution: Be it Besolved, By the City Council of the city of Cedar Rapids, that the territory described in said petition shall be deemed and taken to be a part and parcel of the said city of Cedar Rapids, and the inhabitants residing in the said terri- tory shall have and enjoy all the rights and privileges of the inhabitants within the original limits of said city. 154 OITY ORDINANCES. Sec. 1. iSTow Therefore, Be it ordained hy the City Council of the City of Cedar Rapids: That the territory hereinafter described, being the same as described in said petition of the citizens of said Kingston, to-wit: All that portion of Kapids township, Linn county, Iowa, situated on the west side of Cedar Kiver, commencing on said river at Douglass street, thence west to Fourth street, thence south and southeast along said Fourth street to the point where it intersects the line passing east and west through the center of section twenty-eight (28) ; thence east along said line to Cedar river, thence along the river to the place of beginning, said Douglass and Fourth streets being the same as are des- ignated on the published map of the city of Cedar Kapids, be and the same is deemed and taken to be a part and parcel of the said city of Cedar liapids, Iowa, and the inhabitants residing therein shall have and enjoy all the rights and priv- ileges, and be subject to all the laws and regulations and ordi- nances of the inhabitants within the original limits of said city of Cedar Kapids. Iowa. Sec. 2. And be it further ordained by the City Council, that the said territory shall be known and numbered as the PAurth ward of said city. Sec. 3 . And be it farther ordained by said City Council, that the Mayor of said city issue his proclamation calling a special election in said Fourth ward of the legal and qualified voters of the same, to elect two ikldermen .to represent said Fourth ward in the City Council of said city of Cedar Rapids. Passed April 12th, 1870. Attest: ,W. B. LEACH, W. B. Stewart, Mayor. Recorder. CITY ORDINANCES. 155 OEDIKANCE 1^0. 38. AN ORDINANCE relating to Sidewalks. Sec. 1. All sidewalks hereafter laid shall be laid as provided in the order passed by the City Council. 2. Sidewalks and paving shall conform to established grade, and laid under the supervision of Street Commissioner, and shall be paid for by owner. 3. If owner shall fail to obey the order, the city may lay the same at owner’s expense, as therein provided. 4. Provides for repairing sidewalks. Sec. 1. it ordained hy the City Council of the City of Cedar Rapids: Whenever it shall become necessary and expedient to pave and grade, plank or gravel the sidewalks on any street, avenue or alley or any part thereof within the limits of said city, the City Council shall pass an order to that etfect, which order shall set forth the particular locality where such paving and grading or graveling is required to he done, and the time that is allowed for completing the same, and the publication of such order in one of the newspapers in the city for one week, shall be deemed a sufficient notice to the owners or holders of lots fronting on any such street, lane, avenue or alley where any such paving and grading, planking or gravel- ing is to be done as herein specified. Sec. 2. All such paving and grading, planking or gravel- ing shall be in conformity with the grade of the streets, lane, avenue or alley (unless otherwise provided in the order of the City Council) under the direction of the Street Commis- sioner, and all expenses of paving, grading, graveling or planking, and preparing of any sidewalks shall be paid by the o’wners or holders of lots fronting on such street, lane, avenue or alley where such paving, grading, graveling or repairing is to be done. Sec. 3. If the owners or holders of any lot or part of lot shall neglect to grade, gravel, plank or pave his sidewalk in conformity with the order of the City Council, published as aforesaid, the Street Commissioner shall contract for the same 156 CITY ORDINANCES. to be built at the expense of the city, and shall make his report of the expense thereof to the City Council, and the City Council shall levy a special tax on such lot or part of lot respectively in front of which the Street Commissioner may have contracted for any such grading, graveling, planking or paving, which tax shall be of sufficient amount to cover the expense thereof together with all cost or expenses therewith. And all proceedings relating to the levy of said special tax and the collection thereof, shall be governed by the provisions of ordinance number six relative to the city revenue. Sec. 4. Whenever any repairs may be necessary to be made, on any sidewalk, the owners or holders of the lot fronting thereon, or his agent, shall be notified by the Street Commissioner in writing thereof, which notice shall set forth as nearly as may be the nature and expense of the repairs required to be made, and if any such owner, holder or agent shall fail to make such repairs within ten days after such notice as aforesaid, or should the Street Commissioner be unable to give such notice by reason of there being no such owner, holder or agent residing in the city, he shall proceed as in cases of failure to pave and grade sidewalks, and the City Council shall levy all necessary taxes, and cause the same to be collected in the manner provided in the previous section. Passed June 19th, 1857. Attest: W. D. WATROUS, F. P. Huntington, Mayor. Recorder. ORDIHAHCE HO. 39. AN OEDINANCE concerning Licenses. Sec. 1. Who shall procure licenses. ; amount for each license, CITY ORDINANCES. 157 2. All licenses to expire ©n May 1st. 3. Treasurer’s receipt to be obtained. 4. Penalty. 5. Mayor to fix amount. 6. Kepealing clause. Sec. 1. Be it ordained hy the City Council of the City of C edar Rajoids : That every person engaging in any of the avocations hereinafter named, in this city, shall first pro- cure a license therefor, and for which shall be paid the sums hereinafter designated for such avocation, to-wit: Auctioneers shall pay not less than one dollar nor more than ten dollars per day, or one hundi-ed dollars annually if they apply for license by the year. Billiard table keepers shall pay fifty dollars annually for each table. Bowling alley, or ten pin alley keepers, shall pay one hun- dred dollars per annum for each track. Bagatelle table keepers shall pay two hundred dollars annu- ally for each table. Any table whereon games may be played with balls and cues, not a billiard table, shall be deemed a Bagatelle table. Circus owners shall pay not less than twenty-five dollars nor more than one hundred dollars, and menageries shall pay not less than ten dollars nor more than one hundred dollars for each day’s exhibitions; and the owners or managers of each side show accompanying any circus or menagerie shall pay not less than five nor more than twenty-five dollars for each day’s exhibition. Exhibitors of wild animals nor menageries shall pay not less than five dollars or more than one hundred dollars for each day’s exhibition. Traveling exhibitors of ledgerdemain, wax figures, paint- ing, statuary, theatrical plays, and any person engaged in giving any public entertainment or exhibition of any kind whatever for reward, shall pay not less than one dollar nor more than twenty dollars for each day’s exhibition, and such 158 CITY ORDINANCES. sums shall be fixed by the Mayor. Provided that no license shall be required for lectures, or exhibitions of a purely liter- ary or scientific character, nor for concerts or other public entertainments given by amateurs for charitable uses or for the public benefit. Retail peddlers or hawkers shall pay not less than one nor more than ten dollars per day. Proprietors or managers of gift enterprises shall pay not less than five nor more than fifty dollars per day. Sec. 2. The license of billiard table keepers, bowling alley keepers, bagatelle table keepers, and of auctioneers when they are licensed by the year, shall be granted until and expire on the first day of May following, and where the period from the time of application to the first day of May following, is less than one year, there shall be a proportionate reduction from the amount of the license. Sec. 3. Before any license shall issue, the applicant shall pay the amount of money therefor to the City Treasurer, whose receipt shall be presented to the Mayor, and the Mayor shall then issue the license. Sec. 4. Any person required by section one to procure a license, and failing to do so, shall forfeit and pay to the said city a penalty of not less than five nor exceeding one hundred dollars, and said penalty may be enforced and recovered with costs of prosecution by information as provided in section thirty-four of the charter of said city, and in default of pay- ment on conviction such person shall be imprisoned therefor until discharged in due course of law. Sec. 5. Where the amount to be paid for a license ranges from a smaller to a larger sum, the Mayor shall fix the amount to be paid on each application. Sec. 6. All ordinances or parts of ordinances conflicting with this ordinance are hereby repealed. Passed June, 1866. Attest: A. R. WEST, Geo. C. Haman, Mayor. * Recorder. CITY ORDINANCES. 159 OHDINANCE NO. 40. . AN ORDINANCE relative to Drays and Express Wagons, or vehicles for conveying goods, &c. Sec. 1 & 2. All persons conveying goods for hire must first obtain a license therefor. 3. Amount of each license. 4. All licenses shall expire on May 1st. 5. Title of license ; number must be placed on each vehicle. 6. Penalty. 7. Repealing clause. Sec. 1. Be it ordained hy the City Council of the City of Cedar Bapids: , That no person shall engage in the busi- ness of conveying property, for hire, within the limits of this city without first obtaining a license therefor, as hereinafter provided. Sec. 2. Any person who may desire to engage in the busi- ness of carrying, moving or conveying goods for hire within the limits of this city shall first obtain a license therefor, for each vehicle, dray or other conveyance which the applicant may desire to use in said business. Sec. 3. Every license granted under this ordinance shall expire on the first day of May in each year. The applicant shall pay for a license for each conveyance drawn by one ani- mal the sum of ten dollars ; for each conveyance drawn by two animals the sum of fifteen dollars; for each conveyance drawn by more than two animals, the sum of twenty dollars, or pro rata for the time the license is issued. Sec. 4. Each license shall be called a dray or express license, and shall be numbered consecutively from one up- wards, and before the said license shall be valid, and the appli- cant allowed to engage in the business of draying or express- ing for hire, he shall have the number of his license painted conspicuously upon his vehicle in figures not less than one and one-half inches in length; and all drays and express wag- ons used in the city of Cedar Rapids after January 1st, 1877, shall have tires of not less than three inches in width. 160 CITY ORDINANCES. Sec. 5. ‘Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one nor more than one hundred dollars and costs of prosecution. Sec. 6. All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. Passed ^^ovember 20th, 1874. Attest: A. B. HULL, J. C. Stoddard, Mayor. Eecorder. OKDmAN*CE HO. 41. A^N" ORDIiN'A^^'CE relative to Hackney Coaches and other vehicles for conveying passengers and their baggage. Sec. 1 & 2. Must obtain a license for each vehicle for the period of one year. Sec. 3. Amount of license. 4. Style and number of license to be painted on each convey- ance. 5. Charge for prescribed. 6. Violations punished. * 7 . Repealing clause. Sec. 1. J^e it ordained hy the City Council of the City of Cedar Rapids : That no person shall engage in the busi- ness of carrying passengers and their baggage, for hire, with- in the limits of this city, without first obtaining a license therefor as hereinafter provided. Sec. 2. Any person who may desire to engage in the busi- ness of carrying passengers, for hire, within the limits of this city, shall first obtain a license therefor for each vehicle, car- riage, coach, wagon, omnibus, or other conveyance, which the CITY OBDINANCES. 161 said applicant may desire to use in said business, for the period of one year. Sec. 3. Tlie applicant shall pay for a license for each con- veyance drawn by one horse not more than ten (10) dollars; for each conveyance drawn by two horses not more than fifteen (15) dollars; for each conveyance drawn by more than two horses not more than twenty (20) dollars. Sec. 4. Each license shall be called a “Hackney Coach license,’’ and shall be numbered consecutively from Ho. one (1) upwards; and before the said license shall be valid and entitle the said applicant to engage in the business of carry- ing passengers for hire, he shall have the number of his license painted conspicuously upon his conveyance in figures not less than one and one-half inches in length. Sec. 5. Ho person engaged in carrying passengers shall charge more than twenty-five (25) cents for carrying each passenger for any distance less than one mile, or more than fifty (50) cents where the distance exceeds one mile. Ho extra charge shall be made for carrying the baggage of each passenger unless the same shall exceed one hundred pounds in weight for each passenger; Provided that double the above rates may be charged for services rendered between ten o’clock p. M. and six o’clock a. m. Sec. 6. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof be fined in any sum not less than one dol- lar and not more than one hundred dollars, and shall stand committed until said fine is paid. Sec. 7. All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. Passed August 25th, 1871. Attest: THOS. Z. COOK, J. C. Stoddard, Mayor. Becorder, 162 CITY ORDINANCES. OKDIl^AISrCE 1^0. 42. AN ORDINANCE prohibiting swine from running at large. Sec. 1. No swine to run at large at any time; declared a nuisance, and owner shall pay forfeit. 2. Marshal to keep a public pound; penalty for breaking open pound, or hindering iii impounding. 3. Provides for impounding swine; owner may redeem by paying cliarges, &c. 4. Provides for sale at auction, and disposition of proceeds. 5. Marshal may bid; when; owner not released from penalty. 6. Repealing clause. 7. When to take effect. Sec. 1. Be it ordained hy the City Council of the City of Cedar Rapids: That no swine shall he allowed to rim at large at any time within the limits of this city. And every swine so found rnnning at large within this city is hereby declared a nuisance, and the owner of each and every such swine shall forfeit and pay, for the use of said city, the sum of one dollar for every twenty-four hours each and every such swine shall run at large. Sec. 2. The Marshal is authorized to construct and keep a public pound, at such place within the city as he may select, not inconsistent with the ordinances of this city. Such pound shall be under the care and control of the Marshal, and whoever shall break open the same, or discharge, or aid, or assist in discharging therefrom any animal lawfully conhned therein without the authority of the Marshal, or process of law therefor, or whoever shall hinder, delay, or obstruct the Marshall or any authorized person in taking or driving any animal to the pound, shall forfeit and pay, for the use of the city, not less than ten dollars nor more than twenty -five dol- lars for each such offense. Sec. 3. It shall be the duty of the Marshal, and the right of every person authorized in writing by the Marshal, to im- pound every swine found running at large contrary to the provisions of this ordinance, in the public pound, and any CITY OKDINANCES. 163 person claiming any swine so impounded, may redeem the same at any time before the sale thereof as hereinafter pro- vided by paying to the Marshal fifty cents for each swine so impounded, and twenty-five cents for each day’s keeping of each swine, and the farther sum of twenty-five cents for each notice posted in advertising the sam^, if the same shall have been advertised. Sec. 4. Swine impounded may be sold by the Marshal, at public auction, to the highest bidder for cash, after giving notice of such sale as follows: Within twenty-four hours after impounding any swine, the Marshal shall post three notices, one on the door or entrance to the pound, one on the outer door of the Mayor’s office and one at the Post office, stating when such swfine was impound- ed, and describing therein all the swine impounded at any one time, and giving notice that such swine will be sold at public auction at the pound, at a day and hour to be therein speci- fied,which shall be not less than three,nor more than five days from the time such swine was impounded, and unless such swine shall be previously redeemed, the same shall be sold at the time and place specified in said notice. Out of the proceeds of the sales, the Marshal shall retain his costs and charges for impounding, keeping and advertis- ing as aforesaid, and fifty cents for each swine sold, and he shall pay over the balance of the money to the City Treas- urer, who shall retain the same for the owner of the animal sold; but if not claimed within six months, he shall report the same as a part of the geaieral fund of the city, and such claimant shall be barred therefrom. Sec. 5. If no person shall bid at any sale the whole amount of costs and charges for impounding, keeping, adver- tising and selling any swine as provided for in this ordinance, it shall be lawful for the Marshal to bid thereon for himself for the full amount of his costs and charges, and the property shall thereupon be struck oflp to the Marshal ; provided always 164 CITY ORDINANCES. that the Marshal shall have no charges against the city for impounding, keeping, advertising or selling any swine; and provided further, that the sale of any such swine shall not release the owner thereof from the penalty and costs incurred for permitting the same to run at large. Sec. 6. All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed. Sec. 7. This ordinance shall take effect from and after its publication according to law. Passed April 14th, 1865. Attest: HEXEY CHUECH, Geo. C. Haman, Mayor. Eecorder. OEDIJSrANCE ]SrO. 43. AN ORDINANCE restraining^ stock from running at large. Sec. 1. Stock prohibited from running at large at any time. 2. Marshal’s duties and charges. 3. Marshal to have control of pound ; penalty for breaking open, or interfering with. 4. Provides for sale of impounded stock, and disposition of pro- ceeds thereof. 5. Estrays ; may be redeemed. 6. Marshal to select and keep the pound at his own cost. Sec. 1. Be it ordained hy the City Council of the City of Cedar Rapids: That no horse, colt, mule, jackass, jenny, sheep, goat, cow, ox, steer, heifer or calf shall be allowed to run at large within the limits of the city at any time. Sec. 2. It shall be the duty of the Marshal to impound every animal running at large contrary to the provisions of this ordinance, and any person claiming any animal im- pounded shall pay to the Marshal one dollar for each animal CITY ORDINANCES. 165 for the discharge thereof, and fifty cents for each day’s keep- ing of such animal, and the cost of advertising, if the same has been advertised. Sec. 3. The pound shall be under the care of the Marshal, and whoever shall break open the same, or discharge, or aid, or assist in discharging any animal therefrom without the authority of the Marshal, or process of law therefor, or who- ever shall hinder, delay or obstruct the Marshal, or persons assisting him at his request, in taking or driving any animal to the pound, shall be guilty of a misdemeanor, and upon con- viction be punished by fine not exceeding one hundred dol- lars or imprisonment in the county jail not exceeding thirty days. Sec. 4. Stock impounded may be sold by the Marshal to the highest bidder for cash, after giving notice of such sale as follows : He shall give six days notice of the time and place of sale, describing such animal therein, by posting one notice on the door or entrance to the pound, one at the Post oflace, and one at the front door of the City Hall, and in addition shall publish such notice at least once in some newspaper printed in this city. The purchaser at sale shall take thereby a title absolute to the property purchased as against all persons, and to such extent as the power and the authority of the Council extends. Out of the proceeds of the sale, the Marshal shall retain his costs for taking up the animal, fifty cents for each day’s keeping, the expense of advertising in a newspaper, fifty cents for posting notices, fifty cents for selling, and the balance of the money shall be paid to the Treasurer, who shall retain the same for the owner of the animals sold, but if not claimed within one year, he shall report the same as part of the general fund of the city, and the same shall be forfeited to the city. The Marshal shall have no charges against the city for impounding, advertising or selling any animal. Sec. 5. Estrays impounded, or sold after impounding under this ordinance, may be redeemed at any time upon pay- 166 CITY ORDINANCES. ment of all costs and expenses incurred, and the reasonable cost of keeping the same. Sec. 6. The Marshal is authorized to provide and keep the pound at his own cost, at such place within the city as he may select. Passed Sept. 29th, 1866. Attest: A. R. WEST, Geo. C. Haman, Mayor. Recorder. I ORDmANCE NO. 44. AN ORDINANCE regulating the sale of fire wood in the city of Cedar Rapids. Sec. 1. Measurer appointed by Council ; his duties. 2 . Assistant. 3. Penalty for violating this ordinance. 4. Complaint, and proceedings. 5. Council may remove. 6. Compensation of measurer. 7. Taking effect. 8. Alderman may measure and give certificate. Sec. 1. it ordained hy the City Council of the City of Cedar Rapids: That the City Council shall appoint a wood measurer, whose duty it shall be to measure every load of wood offered for sale for fuel, and deliver to the person offer- ing the same for sale a certificate of the number of feet — cord measure therein. Sec. 2. There shall be appointed by the City Council an assistant wood measurer to act in case of tlie absence or ina- bility of the principal wood measurer, and perform the above duties. Sec. 3. It shall be unlawful for any person to offer for sale CITY ORDINANCES. 167 any load of wood for fuel in this city unless the same be first measured, and quantity certified as above provided; and any person so doing shall forfeit and pay to the city of Cedar Rapids a penalty of not exceeding five dollars for first offense, and for each subsequent offense ten dollars, which penalty shall be enforced by suit in the name of the city against the person offending, and the proceedings in said suit shall be in accordance with the charter of the city and the ordinance relating thereto. Sec. 4. Upon complaint under oath being laid before the Mayor of this city that any person has violated the third sec- tion of this ordinance, it shall be the duty of the Police Judge to issue a warrant for the arrest of such person, and upon the arrest being made, to proceed with the trial of the complaint. Sec. 5. The City Council may at any time remove said wood measurer, or assistant wood measurer, and appoint others in their place. Sec. 6. The wood measurer, or his assistant, in case he performs the duties, shall receive a compensation of ten cents for measuring each load of wood and certifying to the con- tents, to be paid by the person offering wood for sale. Sec. 7. This ordinance to be in force and full effect after the publication of two notices posted in each ward of said city according to law. Sec. 8. It shall be lawful for one Alderman in each ward to measure and give certificate, the same as is authorized to be given by the wood measurer or his assistant. , Passed January 4th, 1865. Attest: MO WRY FARNUM, Geo. C. Haman, Mayor. Recorder. 168 CITY ORDINANCES. OEDmAlSrCE NO. 45. AN ORDINANCE to vacate an alley. Whereas, By certain informal proceedings taken in the year 1852, and subsequently the Mayor and Council of the town (now city) of Cedar Kapids decided to vacate the alley running through block thirty-eight in said city, and whereas, on the strength of the said action, valuable improvements have been made and ended across said alley, and whereas said alley is not required either for public or neighborhood utility or convenience. Now, Therefore, Be it ordained by the City Council of the city of Cedar Rapids, that the alley running through said block thirty-eight in the city is vacated, and the same is here- by declared vacated. Passed August 22d, 1862. Attest: CHAS. WE ARE, S. C. Koontz, Mayor. Recorder. ORDINANCE NO. 46. AN ORDINANCE authorizing the construction and operation of cer- tain street railways in and along the streets of the city of Cedar Rapids. Sec. 1 . Granting privilege to lay track on streets. 2. Only animal power to be used, and no other cars. 3. To carry passengers only. 4. To conform to grade of the city, and bridge, gutter and keep in repair. 5. City not to be held liable for damage when gas and water pipes are broken. 6. Track to be laid in center of street. 7. Rate of fare. 8. A misdemeanor to obstruct the track. CITY ORDINANCES. 169 9. Conditions on which the rights are granted by the city. 10. Right to be exclusive for 25 years. 11. After 1880 City Council may compel the building of additional track. 12. Rules governing the running of cars. 13. The Company to be liable for damages caused by cai'elessness, and save tlie city harmless. 14. Company to file notice of acceptance of the grant in 30 days. Sec. 1. Be it ordained hy the City Council of the City of Cedar Rapids: That consent, permission and authority is hereby given and granted to and duly vested in E. S. Hill, J. L. Bever and John W. Henderson and their successors and assigns, to be known and styled “The Cedar Kapids Street Bail way Company,” to lay a single track for passenger rail- way lines, with all necessary and convenient tracks for turn- outs, sidetracks and switches, in, upon and along all the streets within said city, or to be hereafter laid out in said city, together with their extensions and connections ; and authori- ty is hereby given said company, their successors and assigns, to keep, maintain, use and operate thereon railway cars in the manner and for the time and upon the conditions herein- after mentioned and prescribed. Sec. 2. The cars to be used upon such tracks shall be operated with animal power only, and shall not connect with any other railway on wBich other power is used, and no rail- way car or carriage used upon any other railway in this State shall be used upon any of said tracks. Sec. 3 . Said track and railway shall be used for the purpose of transporting passengers and their ordinary baggage; and the cars and carriages for that purpose shall be of the best style and class used on such railways in other cities; provided said Company shall at all times have the right to use their track for transporting iron, ties and other material for constructing their road and keeping the same in repair, and for such other purposes as from time to time may be necessary in carrying out any contract or engagement that may be hereafter entered 170 CITY ORDINANCES. into by and between the city of Cedar Rapids and said Com- pany. Sec. 4. The track of such railway shall be laid so as to conform to the established grades of the streets on which the road may be built, and should the said city at any time change the grade of such streets, the said Company shall re-lay their track to conform thereto, and shall also pave or otherwise improve between the rails of their track and three (3) feet on the outside of same in conformity with the street upon which the track is laid, and shall also bridge all gutters the full width of the street, and keep the same in repair. Sec. 5. The said city of Cedar Rapids shall not be held liable to said Company for any damages that may be occa- sioned by the breakage of any gaspipes or waterpipes, or from any delays that may be occasioned by the construction of sewers, laying of water or gaspipes, or the necessary repair- ing of the same, or from the improvement or repair of any street, unless there be unwarrantable delay in making such repairs. Sec. 6 . Said tracks shall be laid in the center of the streets in all cases where it is practicable to so lay them, except where a double track is contemplated, in which case the tracks may be laid at such distance from the center of the street as will make the center point between the two tracks the center of the street; and such tracks shall not be laid within twelve (12) feet of the sidewalk upon any street in any case where it is practicable to be avoided. Sec. 7. Tlie rate of fare upon any one line or route of railway shall not exceed ten cents, and five (5) cents for each passenger from and after tlie time the net earnings amount to twelve (12) per cent, per annum on amount invested. Sec. 8. The cars of said Company shall be entitled to the track in all cases except funeral processions. Wlien any team or vehicle shall meet or be overtaken upon either of the street railways in said city, such team or vehicle shall give CITY OEDINANCES. 171 way to said car, nor shall any person willfully or maliciously obstruct, hinder or interfere with any of the said railway cars, by placing, driving, or stopping, or causing to be placed or driven at a slow pace, any team, vehicle or other obstacle in, upon, across, along or near the track of said railway or cither of them, after being notihed by the driver or con- ductor, by the ringing of the car bell or otherwise; and who- soever shall wilfully violate any of the provisions of the above section, shall be guilty of a misdemeanor, and upon conviction thereof, before the Police Judge, or any Justice of the Peace of said city, be fined in any sum not less than five (5) nor more than fifty (50) dollars, and stand committed until the fine is fully paid as provided for by the ordinances of said city, punishing misdemeanors. Sec. 9. This Charter is granted and the rights and privi- leges herein conferred are subject to the following conditions and qualifications, to -wit: That unless prevented or hin- dered by order, or injunction, or other unforeseen difficulties, without any fault or neglect on the part of said Company,” the said Company shall have at least one mile of said railway fully completed and equipped and cars running upon the same, by the first (1st) day of January, A. D. 1877, unless the said city of Cedar Papids shall grant a further extension of time ; and upon the failure of said Company to comply with the above requirements, all rights and privileges herein grant- ed shall be forfeited and revert to the city of Cedar Papids ; provided further, that if the said Company shall be prevented, hindered or enjoined as above mentioned, the time so delayed shall be given to said Company over and above the time given by this section. Sec. 10. The right herein granted to this Company to operate said railway, shall be exclusive for the term of twenty- five (25) years from the time the first mile of track is laid and cars running thereon; and the said -city of Cedar Papids shall not until after the expiration of said term, grant to or confer upon 172 CITY ORDINANCES. any person or corporation any privilege which shall impair or destroy the rights and privileges herein granted to said Com- pany. Sec. 11. After the year A. D. 1880, whenever it may be deemed for the public interest to have a Street Railway con- structed from any central part of the city to the city limits, (said route to be a reasonable distance from any route already constructed and in operation, the City Council may, by a two-thirds (f) vote in favor thereof require said Company to construct and operate said route upon the same terms and conditions as this charter is granted on, or such other terms and conditions as the City Council may direct, and if the said Company shall fail or neglect to comply with said require- ments, and give satisfactory bonds* for a reasonable amount to insure the faithful compliance therewith, within sixty (60) days after written notice has been served upon them, then the said city reserves the right to grant this right and privilege to any other responsible person or company on same terms and conditions as proposed to said Company. Sec. 12. The cars or carriages of the Company shall be run upon and along the tracks of said railway company in conformity with the following rules and regulations, to-wit: 1st. ~No car shall be run at a greater speed than six miles an hour. 2d. While cars are turning corners from one street to another, the horses or mules attached thereto shall not be driven faster than a walk. 3d. Cars driven in the same direction shall not approach each other nearer than a distance of one hundred (100) feet, except in cases of unavoidable necessity or accident, or when cars are near at stations. 4th. No cars shall be left to remain standing on any street at any time unless a train is attached thereto, and the same is waiting for passengers, or for other proper purposes. 5th. No car shall be allowed to stop on a cross walk, nor OITT ORDINANCES. 173 in front ot any intersecting street, except to avoid collision or to prevent danger to persons on the street, or to take on or leave passengers. 6th. Tlie conductors and drivers employed by said Com- pany shall use reasonable care and diligence to prevent injury to persons, and on the appearance of danger to any one on or near the track, the cars shall be stopped, when by so doing such injury may be averted. 7th. All proper care shall be used by conductors and drivers to prevent injury to teams, carriages, wagons and other vehicles. 8th. The conductors shall use proper diligence to prevent ladies, or children under twelve (12) years of age from enter- ing or leaving the cars while in motion. 9th. Conductors shall announce to passengers in a dis- tinct tone the names of the streets crossed, as the cars approach such cross street, and they shall observe the same rule when nearing the track of any other railway company. 10th. The cars after sunset shall be provided with signal lights. 11th. No car shall remain standing at any one of the sta- tions more than twenty minutes, except at 'stations for water- ing horses, or at each end of the lines and stations nearest the passenger depots of other Railway Companies, at which excepted stations they may stand a longer time. And provided further that the City Council reserves the right to make other reasonable rules and regulations. Sec. 13. Said Railway Company shall be liable to and pay to any person injured, or their legal representatives, all dam- ages which may result from carelessness, negligence or mis- conduct of any of their agents in construction or operation of their road, and save the city harmless on account of any or all damages or causes of action that may accrue to any person or property by reason of construction or operation of said road. 174 CITY ORDINANCES. Sec. 14. Within thirty (30) days from tlie publication ot tin's ordinance said Company shall file with the City Clerk a written acceptance of the grants herein made, with the condi- tions, regulations and limitations above expressed, signed l)y the President and Sec^retary of said Company, and when so ac.cepted, this ordinance shall operate as a contract between the city and said Company; and upon failure to file snch acceptance as aforesaid, then the above grant shall not become operative to vest any rights, privileges or franchise whatso- ever. Provided further that this franchise is granted subject to the faithful compliance on the part of the said Street Rail- way Company to all the conditions herein specified. Passed Dec. 18th, 1874. Attest: . A. P. HULL, J. C. Stoddard, Mayor. Recorder. ORDINANCE NO. 47. AN ORDINANCE concerning nuisances. Sec. 1. What are nuisances. 2 & 3. Persons who shall allow places to become foul, deemed guilty of a misdemeanor. 4. Any person who shall expose any carrion or other obnoxious sub- stance, deemed guilty of a misdemeanor. 5. Duty of owner or occupant to abate, &c. 0. No Porch, &c., shall extend into the street over four feet from inside line. Sec. 1. Be it ordained hy the City Council of the City of Cedar Bapids: That all slaughter houses, pork houses, markets, cellars, stores or other buildings and places, which are not kept clean and free from filthy, putrid, or olfensive CITY ORDINANCES. 1Y5 substances; all places, substances or deposits which are offen- sive or liable to engender or cause disease; any lot so situated that it retains water upon it until it becomes stagnant; all pntrid and decaying carcasses, flesh, fish or vegetables; all de- posits of* manure or filth of any description; all filthy, stag- nant or offensive water or slops, when thrown upon any street or elsewhere, or deleterious to health; privies which have not a vanlt at least eight feet deep, or which have become offen- sive, are each and all hereby declared to be nnisances, and as such, are liable to be removed and abated in the manner here- inafter provided. Sec. 2. If any person shall suffer or permit any cellar, vanlt, private drain, pool, privy, sewer or grounds upon any premises owned or occupied by him, to become nauseous, foul, or offensive, shall be deemed guilty of a misdemeanor. Sec. 3. If any person, being an owner or occupant of any soap factory, candle factory, butcher shop, packing house, livery stable, or barn shall suffer the same to become nause- ous, foul, or offensive, shall be deemed guilty of a misde- meanor. Sec. 4. If any person shall cast or have exposed in any street, alley, lots or common within this city, the carcass of any animal, or any putrid or unsound meat, fish or other sub- stance, or make, use, or keep in his, her, or their dwelling house, shop, store, factory, cellar, yard, out-house lot, or any other place within the city, any noisome or offensive liquid, or substance prejudicial to the health of the citizens, or an annoyance to the neighborhood ; or shall throw or place any filth, manure, offal or other offensive matter into any street, alley or lot within this city, or shall violate any of the provis- ions of this ordinance, shall be deemed guilty of a misde- meanor. Sec. 5. It shall be the duty of the owner, agent or occu- pant of any lot, place or building of any kind, where any nui- sance may exist, to remove, abate or prevent the same, without 176 CITY OEDINANCES. delay, when notified by the Marshal, as provided by Sec. 9, of Ordinance No. 31, entitled “An Ordinance establishing a Board of Health,” and any person refusing or neglecting so to do, after being duly notified, sliall be deemed guilty of a mis- demeanor. Sec. 6. No porch, stoop, steps, cellar door, platform or railing shall be allowed to extend into or upon any sidewalk more than three feet, where the sidewalk is twelve feet or less in width, nor more than four feet where the sidewalk exceeds twelve feet in width. Nor shall there be put up or erected, or allowed to remain put up or erected, any sign, show-bill, show-case, canvas or other thing which shall extend over or upon any sidewalk more than four feet from the inside line of the sidewalk. Passed February 5th, 1875. Attest: A. B. HULL, J. C. Stoddard, Mayor. Hecorder. OKDINANCE NO. 48. AN ORDINANCE to divide Wards number one, two and three, and change the boundary line between the second and third wards, and to create a new ward. Sec. 1. Be it ordained hy the City Coimcil of the City of Cedar Rapids: That wards number one, two and three shall be and the same are hereby divided as follows: All that portion of said city lying northeast of the center of Van Buren street to the city limits, and abutting upon the same, shall constitute a new ward, and shall be known and designated as ward number five. CITY ORDINANCES, 177 Sec. 2. That the boundary line between the second and third wards be and the same is hereby changed as follows: All that portion of said city lying northwest of the center of Brown street, and southwest of the center of Van Buren street, and southeast of the center of Eagle street and abut- ting upon the same, shall be known and designated as ward number two. And all that part of. said city lying southeast of the center of Brown street, and southwest of Yan Buren street, and abutting upon the same, shall be known, designa- ted and constitute the third ward. And the ward hereby cre- ated shall be entitled to representation as the other wards, and as provided by law. Sec. 3. All ordinances and parts of ordinances inconsis- ’tent with the provisions of this ordinance are hereby repealed. Passed February 12th, 1875. Attest: A. B. HULL, J. C. Stoddard, Mayor. Recorder. ORDINANCE NO. 49. AN ORDINANCE establishing grades. Sec. 1. Be it ordained hy the City Council of the City of Cedar Rapids: That the base of levels or datum line for establishing the grades of all streets and alleys within the corporate limits of the city of Cedar Rapids, shall be low water mark at the foot of Iowa Avenue, and is indicated by the following bench-marks, to wit: The top of the door-sill of the brick store on No. 71, John- 178 CITY ORDINANCES. son street, is twenty-four feet and ninety-eight hundredths of a foot (24.98), above the datum line. The top of water-table of the brick house on the east corner of Johnson and Jackson streets, is sixty- two feet and eighty- one hundredths of a foot (62.81), above datum line. The top of water-table of the brick house on the north cor- ner of Linn and Jackson streets, is eighty- three feet and forty- four hundredths of a foot (*83. 44), above datum line. The top of the iron door-sill next west side of the door frame of the City JS^ational Bank on corner of Iowa Avenue and Commercial streets is twenty-one feet and seventy- three hundredths of a foot (21.73), above datum line. The top of water-table of brick house on the east corner of Eagle and Monroe streets, is fifty feet and thirty-six hun- dredths of a foot (50.36) above datum line. The top of the door- sill next to the south side of the door frame of the south front door of the Steam Cracker Factory, west corner of Franklin Avenue and Commercial street, is nineteen feet and fifteen hundredths of a foot (19.15), above datum line. The top of the door-sill next to the west side of the door frame of the Second Ward Brick School House on Franklin Avenue, is twenty-five feet and forty hundredths of a foot (25.40), above datum line. The top of the door-sill next to the west side of the door frame of the frame house on the east corner of Sanford and Yan Buren streets, is twenty-three feet and seventy-four hun- dredths of a foot (23.74), above datum line. The top of the water-table at the west corner of the First Presbyterian Church is thirty-one feet and forty-three hun- dredths of a foot (31.43), above datum line. The top of the abutment of the Park Avenue bridge (on west side), is seventeen feet and eighty-two hundredths of a foot (17.82), above datum line. The top of the water-table of the 4th Ward Brick School CITY ORDINANCES. 179 House, on corner of Tiiird and King streets, is twenty feet and fifty linndredtlis of a foot (20.50), above datum line. Sec. 2. All grades established by this ordinance, or that may be established hereafter, shall be calculated from the datum line established by Sec. one (1) of this ordinance, and shall be calculated for the middle of the several streets on which they are established. feEC. 8. EL^ STREET. Elevation above datum line at Washington street 15.00 Adams street. 16.50 Jefferson street 22.00 50 fee,t northeast of Jefferson street 20.00 Madison street 19.50 Monroe street 19.50 Jackson street 20.00 Sec. 4. JOHNSON STREET. Elevation above datum line at Commercial street 16.00 Washhington street 16.50 Adams street 20.72 Jelferson street and 50 feet northeast 23.30 Madison street 37.50 Monroe street 47.00 150 feet northeast of Monroe street 51.10 Jackson street 57.48 Van Buren street 60.50 Sec. 5. BENTON STREET. Elevation above datum line at \ Commercial street 17.30 Washington street 20.87 Adams kreet 28.20 Jefferson street 23.30 Madison street 54.85 200 feet northeast of Madison street 69.00 Monroe street 68.16 Jackson street -72.33 \^an Buren street - : 71.33 300 northeast of Van Buren street 51.00 Sec. 6. LINN STREET. Elevation aboye datum line at Commercial street 19.30 150 feet northeast of Commerciar street . ^ .19.40 Soutliwest side of Washington st i t S.o ^23.00[ Northeast side of Washington 24.00} Southwest side of Adams street . T — : . .28.20) Northeast side of Adams 27.20 Jefferson street 23.70 Madison street 63.60 180 CITY OKDINANCES. 150 feet northeast of Madison street 70.10 Monroe street 73.85 Jackson street and 200 feet northeast 77.85 Van Buren street 68.35 300 feet northeast of Van Biiren street 55 .OO Harrison street 53 .OO Sec. 7. IOWA AVENUE. Elevation above datum line at Commercial street 18.30 150 northeast of Commercial street 2o!oo Washington street 22.70 Adams street 26.00 Jelferson street 26.50 Madison street 39.66 Monroe street 57.47 150 feet northeast of Monroe street 59.75 Jackson street 64.10 Van Buren street and 300 feet northeast 64.70 Harrison street 58.81 300 feet northeast ot Harrison street 56.31 Polk street 56.31 Sec. 8. EAGLE STREET. Elevation above datum line at Commercial street and 150 feet northeast 18.30 W ashington street 19.42 Adams street and 250 feet northeast 21.90 Jefferson street 24.45 150 feet northeast of Jelferson street 29.45 Madison street 30.76 150 feet northeast of Madison street 34.60 Monroe street 41.62 Jackson street , 57.30 Van Buren street 54.47 Harrison street 56.98 300 feet northe.ast of Handson street 57.00 350 feet “ 57.00 600 feet “ “ .52.00 650 feet “ “ 52.00 900 feet *• “ 50.00 Sec. 9. PARK AVENUE. Elevation above datum line at Commercial street and 150 feet northeast 17.80 Washington street 18.36 Adams street 24.70 Jefferson street 22.30 Madison street 28.05 150 feet northeast of Madison street.,. .. 26.00. Monroe street . .ChrAV^.^.i.. 25.4o/ Jack son street 35.4o{ SoiTthwest^de of Van Buren street 38.90 Northeast side of Van Buren street 41.50 150 feet northeast of Ahi'n Buren street 46.40 450 feet “ 50.90 Harrison steet 52.05 CITY ORDINANCES. 181 Polk street . 050 feet ’••••••• ’ • • • • • : .'4I00 Sec. 10 . FRANKLI^sT AVENUE. Elevcition above datuiii line at Commercial street ^yaslnng•ton street 17 so 150 feet northeast of Washington street is’so 150 feet northeast of Adams street." 25*25 Madison street ok nn Monroe street 09 00 Southwest of Jackson street ^ 'C. ‘ * ’qf 0^7 Northeast of Jackson street J. W ^ ' ' qo 150 feet northeast of Jackson street. /. u 7 " * 42 20 300 feet northeast of Van Buren street 40 00 Harrison street g )0 feet northeast of Harrison street 5000 800 feet northeast of Polk street ka aa 500 feet “ « 850 feet “ “ 4 -’aa ^ ^EC. 11 . GKEENE STEEET. Elevation above datum line at Commercial street Washington street ■■■■.■.' fioA Ad^^Tllcj Gfraaf J-I.OU 200 feet northeast of Adams' street i.'.' 2226 50 feet northeast of Jefferson street. if on southwest side of Madison street ! . atqn Northeast side of Madison street 99 qo 150 feet northeast of Madison street 97 10 Monroe street and 200 feet northeast 99 S Jackson street Van Buren street. .• qc «q 850 feet northeast or Van Buren street '42 00 Harrison street northeast of Harrison street ’ 47 00 Polk street 200 feet northeast of Polk street ‘ .' .’ '. ." .45 34 BROWN STREET. Elevation above datum line at Commercia 1 street 1 7 on Washington street . 1 / J efferson street !aa ii^rtheast of Jefferson s'treet. ‘ I".." .'i Jg 43 200 feet “ » Madison street q? 150 feet northeast of Madison stree't 31 45 182 CITY ORDINANCES. Monroe street 27.30 100 feet northeast of Monroe street .' 23.90 Jackson street 22.50 Van Buren street 22.00 Sec. 13. I) AmELS STREET. Elevation above datunr line at Commercial sfreet 17.80 W asliington Street 16.30 Adams street 15.27 J eff erson street : 1 9.67 Madison street r 19.67 Monroe street .24.25 Sec. 14. SAJSTEORD STREET. Elevation above datum line at Commercial street 17.80 Washington street 15.80 Adams street 13.27 250 feet northeast of Adams street 14.30 Jefferson street 18.75 50 feet northeast of Jefferson street .16.60 Madison street ...15.98 200 feet northeast of Madison street 23.90 Monroe street 23.90 Jackson street (sidewalk grade is 6 inches higher) 24.90 100 feet northeast of Jackson street “ 21.30 Van Buren street “ 20.30 Mills street “ . . ! 21.00 200 feet northeast of Mills street “ 24.00 Southwest side ofTlarrison street “ 27.50 Northeast side of Harrison street ‘‘ 28.50 200 feet northeast of Plarri son street “ 41.50 Sec. 15. CA]^PE]^TER STREET. Elevation above datum liiie at. Commercial street 17.80 W asliington street : 1 5.30 Adams street 12.27 250 feet northeast of Adams street. 12.27 Jefferson street 16.70 50 feet northeast of Jefferson street. . . *. 14.00 Madison street. 15.30 Monroe street 17.93 Jackson street 28.23 200 feet northeast of Jackson st. (sidewalk 6 inches higher) 21.00 Van Buren street “ 20.15 Mills street “ 21.00 Sec. 16. LEGARE STREET. t Elevation above datum line at Washington street 14.^>0 Adams street 1 2.00 Jefferson street 12.29 Madison street 13.50 Monroe street 17.30 Jackson street 19.50 Van Buren street (sidewalk grade 6 inches Higher) 20.00^ 300 feet northeast of Van Buren st. “ 23.10* Index to Ordinances, City of Cedar Rapids. No. of Old. 4 12 14 10 50 91 Page. 50 97 108 115 284 849 AUCTIONEERS, PEDDLERS, &c. Repealed, 1 Am. Ordinace No. 12. Repealed by Ord. .M, page 234. Repealed prior Ordinance. See printed Ord. 89, p. 156. Ringing bells and loud noises. “ “ 35, p. 145. ANNEXATION. 358 Annexing 4th Ward, election of Aldermen, &c. 77 295 79 304 100 885 Ord. Book 2, 149 48 150 54 155 76 BONDS OF CITY. Bonds for Are engine. See printed Oi’d. 21. page 115. Amended Ordinance 77. “ “ “ 21, page 115 Bonds for Park Avenue bridge. “ “ 36, page 146. Bonds for James Street bridge- “ “ Benton “ “ “ “ construction of sewer. BILLIARD TABLES, BOWLING ALLEYS, &c. 27 131 Licensing games. "1 30 141 Amended Ord. 27. | 39 164 Am. Ord. 27 and 30. All included in pr. Ord. 39, p. 157. 56 234 Rep’ling prior Ords 1 102 392 Amended Ord. 56. J See printed Ordinance No. 39, page 157. No. of Old. 120 rage. 450 J30ARD OF HEALTH. Establishing of. See printed Ordinance 31, page 136. 1 67 127 504 Ord. Book 2. 144 29 CITY COUNCIL. Relative to Council. See printed Ordinance 3, page 67. Amended Ord. 7— expelling members, &c. j See pnnted Ordinance 3, page 67. f Amended Ord. 7 and 127. Not in printed Ordinances. DOGS, LICENSING, &c. 25 125 Licensing. Repealed by Ordinance 65, page 260. 47 204 “ “ “ “ “ “ “ 65 260 “ Repealed Ordinance 25 and 47, 125 488 “ New Ordinance, repealing prior Ord. DRUNKENNESS. 3 57 Fine for (obsolete). See Sec. 28 printed Ord. 7, page 94. ELECTIONS. 110 413 Opening and closing of polls, judges of, &c. See printed Ordinance 4, page 70. FIRE POLICE- Establisliing of. See printed Ordinance 24, page 125. 135 526 Ortl. Book 2. No. of Ord. 162 Page. 95 FIEE ALAKM TELEGRAPH. To protect same and hydrants. FIRE-ARMS. 63 256 Discharging of. See printed Ordinance 33, page 144. FINE AND PENALTIES. 60 252 Prosecuting and proceedings for; FIRES. 26 129 To prevent. Repealed. 59 241 “ “ See printed Ordinance 25, p. 127. 132 522 “ Am. Ord. 59. “ “ “ “ « FIRE DEPARTMENT. Regulating, &c. Repealed by Ordinance 96, page 366. “ “ Am. by Ord. 98. See pr. Ord. 23, p. 121. “ “ “ “ Ord. 96. “ “ “ “ “ Exemptions of firemen, &c. 78 299 85 327 96 366 98 383 Ord. Book 2. 154 74 FIRE LIMITS. 82 318 Establishing of. 93 358 “ “ See as to Repeal of Ordinance 82. Ord. Book 2. 148 45 Establishing of. 153 72 159 86 No. of Old. 81 134 Page. 319 525 GUN POWDER. Regulating keeping of. See pr. Ord. 34, p. 145. “ “ Am. Ord. 81. “ “ “ “ 83 323 84 325 Ord. Book 2. 141 1 160 89 GRADES OF STREETS. Establishing of. (Obsolete.) “ “ Amended Ordinance 141. I ~ GAS WORKS. 112 420 Franchise of. See printed Ordinance 32, page 139. GUTTERS. 128 507 Curbing of, &c. Ord. Book 2. 166 102 Curbing, paving, &c. 28 133 34 156 109 -110 136 528 Ord. Book 2. 143 29 HACKS, DRAYS, &o. Licensing and regulating. Repealed. “ “ “ Amended Ordinance 28. “ “ “ Repealed Ordinances 28 and 34. ) See printed Ordinance 41, page 160. f Licensing and regulating. Licensing and regulating. Re})ealed Ordinance 136. ) See printed Ordinance 40, page 159. f HOTELS. Ord. Book. 2. No. of Old. 1()4 Pag(‘ 1)0 Loud noises in soliciting guests, &c. INTOXICATmO LIQUORS. 114 433 Proliibiting sale of. See printed Ordinance 8, page 96. LOTS. 69 271 Numbering of. See printed Ordinance 29, page 132. 1 55 8 70 13 102 27 131 30 141 33 155 36 161 39 164 56 234 102 392 Ord. Book 2. 167 108 LICENSES. Issuing of, &c. See Ordinance 13, page 102. “ “ Rep. by Ord. 56, p. 234. See pr. Ord. 39, p 146. “ Repealed. “ “ for games. “ “ Amended Ordinance 27. “ “ Peddlers. Am. Ord. 8, obsolete. “ “ Amended Ordinance 30 repealed . “ “ See printed Ordinance 39, page 156. “ “ Am. Ord. 56. See printed Ord. 39, page 156. Regulating the issuing of. i 10 82 17 114 20 116 70 273 106 401 U6 438 117 445 135 526 Ord. Book 2. 161 93 162 95 164 99 168 110 MISDEMEANORS. Defining and punishing of. Amended Section 15 of Ordinance 10. “ Ordinance 10. Repealing all others. See printed Ord. 7, p. 87. Penalty when not otherwise provided. “ “ “ “ Amended Section 13 of Ordinance 70. “ “ “ “ Getting on and off cars. See printed Ord. 20, page 115. See Section 6. Loafers, &c. Protect fire alarm telegraph and hydrants. Loud noises in soliciting guests for hotels, &c. See Sections 6, 7 and 8. MONEYS. Ord. Book 2. No. of Ord. 103 Page. 97 Appropriation of. MINORS, 117 445 Getting on cars while in motion . See pr. Ord. 20, p. 115. NUISANCES. 2 56 Defining, &c. 5 60 “ “ See printed Ord. 47, page 174. 18 114 “ “ Am. Ord. 2. “ “ “ “ “ “ 139 534 “ “ Slaughter houses, &c. “ “ “ “ OFFICERS. 126 501 Election, appointment of, &c. See printed Ord. 4, p. 70. PRISONERS. 95 362 Working of for fines. See printed Ord. 12, page 102. PEDDLERS. See printed Ordinance 39, page 156. RAILWAYS. 6 64 Right of way to I. & N. R. R. See pr. Ord. 13, p. 104. 9 77 Subscriptioii to R. R. stock. Obsolete. 22 119 31 142 Regulating speed of, &c. See printed Ord. 19, p. 113. No. of rage. Ord. 41 170 53 228 52 227 55 231 64 257 66 261 67 265 68 266 92 350 Old. Book 2. 156 81 170 117 Ord. Book 1. 138 532 R AIB W AY S— CONCLLDED. Right of way to D . & S . W . R . R . See pr . Ord . 14, p . lOt) . “ “ C. & N. W. R. Obsolete. Repealed } by Ordinance 53, page 228 . f Right of way to C. & N. W. R. Repealed last ) Ordinance 52 . See printed Ord . 15, p . 108 . ) Rightof way toC.R.&St.P.R. See pr. Ord. 18,p.lll. “ “ “ “C.&N.W.R. “ “ “ 15, p. 108. Speed of and obstruction by . “ “ “ 19, p. 113. “ “ “ Am. Ord. 66. “ “ “ Rt. of way add’alC.&N.W.R. “ “ “ 16,p.l09. “ “ “ B.,C.R.&M.R. “ “ “ 17,p.ll0. Rightof way additional B., C. R. &N. R. Granting part of block 64 to C., M. & St. P. R. Right to street railway. See printed Ord. 46, p. 168. 15 104 REVENUE. As to city revenue . Repealed . See pr . Ord . 6, p . 78 . 24 124 Amended Ordinance 15. “ “ “ “ “ '32 144 Amending and repealing. “ “ “ “ “ 42 174 “ “ “ “ “ 48 206 Amended Ordinance 42 . 62 255 “ “ 48. Obsolete. 71 279 Levying, collecting taxes, &c. See pr. Ord. 6, p. 78. 130 513 Amended Ordinance 71. Ord. Book 2. 151 60 Amended Section 16 or Ord. 130. See pr. Ord. 6, p. 78. STREETS AND STREET COMMISSIONER. 11 93 29 139 49 215 51 219 69 271 Ord. Book 2. 166 102 Appointment of Commissioner, &c. Seepr.Ord.30,p.l34. Grades, &c. Repealed by new Ordinance. Amended Ordinance 29 . Repealed. Special sidewalk tax, &c. Repealed. Naming of streets and numbering of lots. } See printed Ordinance 29, page 132 . f Paving, macadamizing of, &c. STREET RAILWAY. 532 Franchise of. See printed Ordinance 46, page 168 . 138 No. of p Old. ^ 21 m 51 219 Orel. Book 2. 169 114 .SIDEWALKS. Hepiiiriiig of, &c. “ “ “ Specifil tax. Building, repairing of, &c. SEAL OF CITY. 122 477 Establishing of. See printed Ordinance 2, page 66. SABBATH. 105 396 Observance of. See printed Ordinance 10, page 101. “ “ See Ord 7, Sec. 26, pr. Ord. 7, page 93. 46 201 80 305 101 391 103 394 122 481 Ord. Book 2. 146 32 158 85 168 110 171 128 173 174 SALOONS. Regulating of. Sale of ale, beer and wine . Repealed . AmendedOrdinance80. Obsolete. Licensing, regulating, &c. See printed Ord. 9, p. 98. License for sale of beer and wine. Reducing license from $300 to $200. Am. Ord. 146. Regulating and licensing sale of ale, beer and wine. Repealing 2-mile limit clause in Ordinance 168. Amended Ordinance 158— license from $200 to $300. Repealed amended Ord. 173— leaving license $200. SINKING FUND. 90 346 Providing a sinking fund. See pr. Ord. 22, page 120. Ord. Book 2. 1.52 69 Providing a bridge fund. No. of Ord. i’atre. 28 121 85 157 38 168 45 196 58 244 61 2.54 99 884 183 524 Ord. Book 2. 145 31 172 129 STOCK AT LARGE. Swine proliibitin^. &e. As to horses, mules, &c. See i)r. Ord. 4:>, j). ir>4 As to swine amended Ord. 28. ” “ “ 42, p. 162 “ “ “ at large. “ “ “ “ horses, &c. “ “ “ 48, p. 164 “ “ swine amended Ordinance 4.5. Repeals Ordinance 61 . Amended Ordinance .58, adding cattle. Amended Ordinance 138. Repeals in part prior Ords. Swine, horses, cattle, Ac WOOD. 44 198 Regulating sale of. See printed Ord. 44, page 16(5. 111 414 113 480 Ord. Book 2. 142 16 147 41 WATER WORKS. Franchise to Water Co. Repeal of all rights under Ord. 111. j- Obsolete. Franchise. &c., to Water Co. Locating and deeding a piece of land to Water Co. '0i1i I t %