DAVJSNFORT
PUBLIC LIBRARY
PRESENTED BY
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THE CHARTER
AND
REVISED ORDINANCES
OF THE
CITY OF MUSCATINE,
TOGETHER WITH
ACTS OF THE GENERAL ASSEMBLY OF THE
STATE OF IOWA RELATING TO CITIES
UNDER SPECIAL CHARTERS.
REVISED AND ARRANGED BY
W. F. BRANNAN.
Revised and Published by Authority of the City Council.
A:
BETTS BROTHERS,
1878.
116^.
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LIST OF OFFICEKS
OF THE
TOWI^ OF BLOOMINGTON
From March, i8j^, to March, i8^i.
1839.
President— JOSEPH WILLIAMS.
TRUSTEES.
Arthur Washburn, Benj. P. Howland,
Henry Reece.
Moses Couch, Recorder.
Giles Pettibone, Street Commissioner.
1840.
President— JOHN LILLY.
TRUSTEES.
Henry Reece, R. P. Lowe,
John W. Richman.
E. E. Fay, Recorder.
Matthew Matthews, Street Commissioner.
Hiram Matthews, Marshal.
D. J. Snyder, Treasurer.
9403
389f;69
LIST OF OFFICERS.
184I.
President— THOMAS DARLINGTON.
TRUSTEES.
John S. Lakin, Suel Foster,
Edv/ard Ballard.
Arthur Washburn, Recorder.
Wm. St. John, Street Commissioner.
John W. Weller, Treasurer.
John Marble, Marshal.
1842.
PRESIDENT— DAVID CLARK.
TRUSTEES.
Wm. Frye, Wm. St. John,
Hiram Wilson.
Arthur Washburn, Recorder.
Daniel Mauck, Street Commissioner.
Lyman C. Hine, Treasurer.
1843-
President— JOHN A. PARVIN.
TRUSTEES.
Wm. Frye, L. C. Hine,
J. J. Hoopes.
Pliny Fay, Recorder.
Daniel Mauck, Street Commissioner.
John Zeigler, Treasurer.
Wm. Parvin, Marshal.
1844.
President- STEPHEN L. FOSS.
TRUSTEES.
A. J. Fimple, J. R. Bennett,
A. M. Hare.
Thomas Crandol, Recorder.
Daniel Mauck, Street Commissioner.
Wm. Leffingwell, Treasurer.
Hiram Matthews, Marshal.
LIST OF OFFICERS.
1845.
President— CHARLES EVANS.
TRUSTEES.
John M. Kane, A. J. Fimple,
Wm. Lefifingvvell.
John Lilly, Recorder.
Hiram Matthews, Street Commissioner.
Wm. Parvin, Treasurer and Marshal.
John Seiler, Sexton."
1846.
President -STEPHEN L. FOSS.
TRUSTEES.
Hezekiah Musgrove, Alexander Jackson,
Joseph P. Freeman.
Douglas Dunsmore, Recorder.
Hiram Matthews, Street Commissioner.
Wm. Parvin, Treasurer and Marshal.
1847.
President— J. M. BARLOW.
TRUSTEES.
J. L. Cummins, Edward Olmstead,
Harris H. Hine.
Richard Cadle, Recorder.
Hiram Matthews, Street Commissioner.
John M. Kane, Treasurer and Marshal.
1848.
President— THOMAS M. ISETT.
TRUSTEES.
E. H. Albee, Pliny Fay,
John M. McCormick.
Richard Cadle, Recorder.
David Freeman, Street Commissioner.
John M. Kane, Treasurer and Marshal.
♦John Seiler has been continuously elected Sexton from 1845 to the present time— 1878.
6 LIST OF OFFICERS.
1849.-
President— ELIAS OVERMAN.
TRUSTEES.
J. G. Gordon, G. S. Branham,
Jacob Butler.
Richard Cadle, Recorder.
Charles Browning, Street Commissioner.
William Parvin, Treasurer and Marshal.
1850.
President— WILLIAM D. AMENT.
TRUSTEES.
G. W. Hunt, Ansel Humphreys,
Alfred Purcell.
Thomas Crandol, Recorder.
Charles Browning, Street Commissioner.
W^m. A. Drury, Treasurer and Marshal.
*In 1849, at the June term of the District Court, the corporate name was changed from
Town of Bloomington to Town of Muscatine.
LIST OF OFFICERS
OF THE
CITY OF MUSCATINE
From March, i8^i, to March, i8jg.
Mayor-
1851*
ZEPHANIAH WASHBURN.t
AULAY MACAULAY.
ALDERMEN.
Henry Reece,
J. B. Dougherty,
Absalom Fisher,
John C. Irwin,
H. D. Lacosett,
B. Bartholomew.
G. S. Branham, Marshal.
C. F. Browning-, Wharf Master.
Thomas Crandol, Recorder.
William D. Ament, Treasurer.
L. C. Hine, Assessor.
C. G. Heilenberg, City Engineer.
Mayor-
Henry Reece,
J. B. Dougherty,
Absalom Fisher,
1852.
-THOMAS M. ISETT.
ALDERMEN.
George C. Stone,
Wm. St. John,
Samuel Bamford.
Alexander Jackson, Marshal.
Thomas M. Williams, Recorder.
S. B. Crane, Wharf Master.
John I. Reece, Assessor.
William D. Ament, Treasurer.
*In 1851, by a special charter granted by the Legislature, Muscatine was created a city.
tMr. Washburn resigned and Mr. Macauley wa3 tilected to fill the vacancy.
LIST OF OFFICERS.
1853.
Mayor— JOHN G. STINE.
ALDERMEN.
George C. Stone, Marx Block,
William St. John, A. M. Hare,
Samuel Bamford, Jacob Hershe.
Charles F. Browning, Marshal.
Henry C. Lamb, Recorder.
William D. Ament, Treasurer.
L. C. Hine, Assessor.
S. B. Crane, Wharf Master.
1854.
MAYOR-JOHN A. PARVIN.
ALDERMEN.
Marx Block, Jacob Butler,
A. M. Hare, Charles Nealley,
Jacob Hershe, William Young.
Abial Fry, Marshal.
D. P. Johnson, Recorder.
M. Berkshire, Assessor.
Edward Hoch, City Measurer.
1855.
Mayor— J. H. WALLACE.
ALDERMEN.
Jacob Butler, F. S. Phelps,
Charles Nealley, D. C. Cloud,
William Young, C. Cadle.
Jacob Israel, Marshal.
J. B. Dougherty, Treasurer.
William L. Browninpf, Wharf Master.
■fc>>
1856.
Mayor— WILLIAM LEFFINGWELL.
ALDERMEN.
F. S. Phelps, I. R. Mauck,
D. C. Cloud, A. M. Hare,
C. Cadle, B. W. Thompson.
LIST OF OFFICERS.
John A. McCormick, Marshal.
D. P. Johnson, Recorder.
J. B. Dougherty, Treasurer.
A. J. Fimple, Assessor.
L. C. Bailey, City Engineer.
1857.
MAYOR-JOHN G. STINE.
ALDERMEN.
I. R. Mauck,
A. M. Hare,
B. VV. Thompson,
Edward Hoch,
J. R. Nisley,
A. Fisher.
Elias Unger, Marshal.
D. P. Johnson, Recorder.
H. Lofland, Treasurer.
William Leffingvvell, Assessor.
Samuel Tarr, Street Commissioner.
Marx Block, Wharf Master.
Mayor
Edward Hoch,
J. R. Nisley,
A. Fisher,
1858.
GEORGE MEASON.
ALDERMEN.
S. G. Hill,
J. P. Freeman,
C. Hershe.
Elias linger, Marshal.
D. P. Johnson, Recorder.
H. Lofland, Treasurer.
Peter Jackson, Assessor.
Romulus Hawley, Street Commissioner.
John Bartholomew, Wharf Master.
1859-
Mayor— GEORGE MEASON.
W. C. Kennedy,
Henry Funck,
Robert Williams.
ALDERMEN.
S. G. Hill,
J. p. Freeman,
C. Hershe,
J. R. Nisley, Recorder.
R. R. Lauther,^ \ ^
A u 1 t:' A J r J- reasurer.
Abel F. Adams, j
Z. Washburn, Assessor.
Romulus Hawley, Street Commissioner.
*Mr. Adams was appointed on the resignation of Mr. Lauther.
lO LIST OF OFFICERS.
i860.
Mayor- GEORGE MEASON.
ALDERMEN.
W. C. Kennedy, S. G. Stein,
Henry Funck, Henry Molis,
Robert Williams, C. Hershe.
William Dill, Marshal.
R. T. Wallace, Recorder.
A. F. Adams, Treasurer.
R. T. Wallace, Wharf Master.
1861.
Mayor— GEORGE MEASON.
ALDERMEN.
S. G. Stein, Luke Sells,
Henry Molis, F. Thurston,
C. Hershe, Abraham Johns.
William Dill, Marshal.
Hugh J. Campbell, Recorder.
John Wiley, Assessor.
Romulus Hawley, Street Commissioner.
R. T. Wallace, Wharf Master.
1862.
Mayor— GEORGE MEASON.
ALDERMEN.
Isaac R. Mauck, Luke Sells,
Henry Molis, F. Thurston,
Richard Musser, A. Johns,* }
J. S. Patten, f
William Dill,'^ ) , , , ,
T- T3 T r Marshal.
1 . n. James, j
E. O. Upham,-^ } ^ ,
T TT WT uu r Recorder.
L. H. Washburn, \
John Wiley, Treasurer.
Charles S. Porter,* ) /- n 4.
A , . , XT y Collector.
Abial Fry, )
William Dill, Assessor.
Marx Block, Wharf Master.
Romulus Hawley,* ) c.. «. r- • •
^ TT 1 >■ Street Commissioner.
Cyrus Hawley, \
Cornelius Cadle, City Measurer.
*These gentlemen resigned their respective offices to enlist in the army, when their
places were filled by appointment.
LIST OF OFFICERS.
I!
iS6'
Mayor- -HENRY FUNCK.
ALDERMEN.
Philip Stein,
R. T. Wallace,
Benjamin Middleton,
Isaac R. Mauck,
Henry Molis,
Richard Musser.
T. B. James, Marshal.
D. S. Biles, Recorder.
John Wiley, Treasurer.
William Leffingwell, Collector.
L. T. Goldsberry, Assessor.
Marx Block, Wharf Master.
Wm. A. Thayer, Street Commissioner.
Joseph S. Multord, City Measurer.
Mayor
1864.
S. D. VIELE.
ALDERMEN.
Henry W. Moore,
Ferdinand Kaufmann,
W. H. Simpson,
Philip Stein,
R. T. Wallace,
Benj. Middleton.
T. B. James, Marshal.
D. S. Biles, Recorder.
A. F. Demorest, Treasurer.
William Leffingwell, Collector.
T. B. James, Assessor.
Marx Block, Wharf Master.
Wm. A. Thayer, Street Commissioner.
John Chambers, City Measurer.
1865.
Mayor—benjamin hershey.
ALDERMEN.
Henry W. Moore,
Philip Stein,
S. B. Crane,^- )
Geo. Schneider, j
L. H. Washburn,
T. B. James, Marshal.
D. S. Biles, Recorder.
Ferdinand Kauffman,
W. H. Simpson.
*0n the death of Mr. Crane, George Schneider was appointed to fill the vacancy until
election.
12 LIST OF OFFICERS.
John Wiley, Treasurer.
William Leffingwell, Collector.
William Gordon, Assessor.
Daniel Sterneman, Wharf Master.
William A. Thayer, Street Commissioner.
Edward Hoch, City Measurer.
1866.
Mayor— BENJAMIN HERSHEY.
ALDERMEN.
F. Wienker, Philip Stein,
J. A. Reuling, L. H. Washburn,
C. F. Kessler, Noah Green.*
T. B. James, Marshal.
D. S. Biles, Recorder.
Henry Molis, Treasurer.
William Leffingwell, Collector.
William Gordon, Assessor.
George Schneider, Wharf Master.
Michael Murphy, Street Commissioner.
1867.
Mayor— GEORGE MEASON.
ALDERMEN.
C. E. Kent, F. Wienker,
Alpheus Palmer, J. A. Reuling,
L. H. Washburn, C. F. Kessler.
J. G. Wells, Marshal.
John H. Munroe, Recorder.
A. F. Demorest, Treasurer.
William Dill, Collector.
Lewis Coe, Assessor for County purposes.
J. P. Freeman, Assessor for City purposes. "
William H. Snyder, Wharf Master.
Romulus Hawley, Street Commissioner.
Cornelius Cadle, City Measurer.
*Noah Green was elected to fill the unexpired term of S. B. Crane.
LIST OF OFFICERS. 1 3
1868.
Mayor— E. KLEIN.
ALDERMEN. _
William Spring, C. E. Kent,
V, Chambers, C. Cadle,"^
John Cackler, L. H. Washburn.
John K. Scott, Marshal.
John H. Munroe, Recorder.
William Leffingwell, Treasurer.
O. W. Brown, Collector.
Wm. Gordon, Assessor for County purposes.
Lewis Coe, Assessor for City purposes.
Marx Block, Wharf Master.
James S. Patten, Street Commissioner.
1869.
Mayor— WILLIAM B. KEELER.
ALDERMEN.
Joseph Bridgman, William Spring,
C. U. Hatch, V. Chambers,
J. B. Dougherty, John Cackler.
John K. Scott, Marshal.
John H. Munroe, Recorder.
C. E. Kent, Treasurer.
P. A. Brumfield, Assessor for County purposes.
P. A. Brumfield, Assessor for City purposes.
George R. White, Wharf Master.
James S. Patten, Street Commissioner.
Cornelius Cadle, City Measurer.
1870.
Mayor— S. G. STEIN.
ALDERMEN.
Henry Funck, Joseph Bridgman,
Henry Molis, C. U. Hatch,
John Cackler, J. B. Dougherty.
Robert Williams, Police Judge.
Galbraith Bitzer, Marshal.
*On Mr. Palmer's removal from the city in 1867, Mr. C . Cadle was elected to fill the
vacancy. ^
14 LIST OF OFFICERS.
John H. Munroe, Recorder.
C. E. Kent, Treasurer.
P. A. Brumfield, Assessor for County purposes.
P. A. Brumfield, Assessor for City purposes.
W. G. Block. Wharf Master.
John Beard, Street Commissioner.
1871.
Mayor— S. G. STEIN.
ALDERMEN.
Michael Murphy, Henry Funck,
John Daiber, Henry Molis,
A. F. Adams, John Cackler.
Robert Williams, Police Judge.
D. L. Ewing, Marshal.
Robert Williams, Recorder.
C. E. Kent, Treasurer.
P. A. Brumfield, Assessor for County purposes.
D. P. Johnson, Assessor for City purposes.
W. G. Block, Wharf Master.
Patrick Murphy, Street Commissioner.
1872.
Mayor— J. P. AMENT.
ALDERMEN.
Jacob Dold, Michael Murphy,
I. L. Graham, John Daiber,
Galbraith Bitzer, A. F. Adams.
Robert Williams, Police Judge.
D. L. Ewing, Marshal.
Robert Williams, Recorder.
C. E. Kent, Treasurer.
P. A. Brumfield, Assessor for County purposes.
P. A. Brumfield, Assessor for City purposes.
W. G. Block, Wharf Master.
B. H. Eversmeyer, Street Commissioner.
1873-
Mayor— J. P. AMENT.
ALDERMEN.
M.^ Murphy, Jacob Dold,
O. P. Watters, I. L. Graham,
John Lantz, Galbriath Bitzer.
LIST OF OFFICERS.
Robert Williams, Police Judge.
D. L. Ewiiig-, Marshal.
Robert Williams, Recorder.
William Leffingwell, Treasurer. ^^^^
D. P. Johnson, Assessor for County purposes.
D. P. Johnson, Assessor for City purposes.
W. G. Block, Wharf Master.
William Calder, Street Commissioner.
1874-
Mayor— RICHARD MUSSER.
ALDERMEN.
Alexander Jackson,
J. J. Hoopes,
M. Benham,
Michael Murphy,
Jacob Fisch,"^
John Lantz.
Robert Williams, Police Judge.
D. L. Ewing-, Marshal.
Robert Williams, Recorder.
William Leffingwell, Treasurer.
D. P. Johnson, Assessor for County purposes.
George Wiley, Assessor for City purposes.
W. G. Block, Wharf Master.
B. H. Eversmeyer, Street Commissioner.
Mayor-
1875.
HENRY MOLIS.
ALDERMEN.
Frank Moran,
Jacob Fisch,
T. R. Fitzgerald,
Alex. Jackson,
J. J. Hoopes,
John Lantz. t
Robert Williams, Police Judge.
D. L. Ewing, Marshal.
Robert Williams, Recorder.
William Leffingwell, Treasurer.
D. P. Johnson, Assessor for County purposes.
D. P. Johnson, Assessor for City purposes.
George F. Funck, Wharf Master.
Michael Purcell, Street Commissioner.
*0n Mr. Wattor's removal from the city, Jacob Fisch was elected to fill the vacancy.
tOn Mr. Benham's removal to St. Louis, John Lantz was elected to fill the vacancy.
1 6 LIST OF OFFICERS.
1876.
Mayor-J. p. AMENT.
ALDERMEN.
Georgti W. Dillaway, Frank Moran,
John Byrne, Jacob Fisch,
Maurice Neidig, T. R. Fitzgerald.
Robert Williams, Police Judge.
D. L. Ewing, Marshal.
Robert Williams, Recorder.
William Leffingwell, Treasurer.
D. P. Johnson, Assessor for County purposes.
Geo. Wiley, Assessor for City purposes.
George F. Funck, Wharf Master.
Michael Purcell, Street Commissioner.
1877.
Mayor— T. R. FITZGERALD.
ALDERMEN.
ELdward Hoch, Geo. W. Dillaway,
John Knopp, John Byrne,
Galbraith Bitzer, Maurice O. Neidig,
Robert Williams, Police Judge.
D. L. Ewing, Marshal,
Robert Williams, Recorder.
Henry Molis, Treasurer.
D. P. Johnson, Assessor for County purposes.
D. P. Johnson, Assessor for City purposes.
George F. Funck, Wharf Master.
Michael Purcell, Street Commissioner.
1878.
Mayor— RICHARD MUSSER.
ALDERMEN.
John Hahn, Edward Hoch,
Samuel Cohn, John Knopp,
J. B. Mark, Galbraith Bitzer.
Robert Williams, Police Judge.
J. A. Eaton, Marshal.
Robert Williams, Recorder.
D. P. Johnson, Assessor for County purposes.
George R. White, Assessor for City purposes.
George F. Funck, Wharf Master.
Romulus Hawley, Street Commissioner.
George Schneider, Steamboat Register.
RULES AND ORDER OF BUSINESS
OF THE
CITY COUNCIL.
MEETINGS OF THE COUNCIL.
1. Regular meetings of the Council shall be held at the
Council Room on the evenings of the third Saturday of each
month, and special meetings shall be ordered by the Mayor
when required by two members of the Council from different
wards, or upon his own motion, when he may deem such
meetings proper and advisable.
2. Notices of special meetings shall be served by the Mar-
shal, on each member of the Council, either personally, or by
leaving the same at his residence or place of business.
3. The Marshal shall have the care of the Council Room,
and be in attendance on the meetings of the Council.
ORDER OF BUSINESS.
1. The Mayor shall take the chair at the hour appointed
for the meeting ; and, if a quorum be present, he shall direct
the Recorder to read the minutes of the last preceding meet-
ing, for correction and approval.
2. To constitute a quorum there sjjall be present at least
four Aldermen, including one from each ward.
3. If a quorum be not present at the hour fixed for the
meeting of the Council, the Mayor shall direct the Marshal
RULES AND ORDER OF BUSINESS.
to bring in the absentees. If there be less than a quorum,
the members present shall do no business, except to adjourn
or compel the attendance of absent members.
4. If a quorum be present the regular order of business,
after the reading and approval of the minutes, shall be as fol-
lows :
I. The presentation of petitions and communications.
2. Reports of city officers.
3. Reports of committees.
4. Bills.
5. Ordinances on their first or second reading, or on their
passage.
6. Unfinished business.
7. Resolutions, motions, and other miscellaneous business.
DUTIES AND POWERS OF THE MAYOR.
1. The Mayor shall preserve order, and decide all questions
of order or precedence of business ; but an appeal from his
decision may be taken, by any member, to the Council with-
out a second.
2. He may, whenever it may be necessary, require the as-
sistance of the Marshal in the preservation of order and
proper decorum, while the Council is in session.
3. He shall have the casting vote on all questions upon
which the City Council is equally divided, but not ptherwise.
4. While the Mayor is speaking no member shall leave
his seat.
5. When a motion is made, ora resolution presented, the same
shall be stated by the Mayor, and no debate thereon shall be
in order, until such statement is made by the Mayor, nor after
such statement, if the question is not debatable.
6. He shall, when ordered by the Council, direct the Mar-
shal to have present at its session, any persons, books or
papers deemed necessary to the proper understanding of any
question before it.
7. When two or more arise at once the Mayor shall name
the member who is entitled to speak.
DUTIES OF MEMBERS.
8. Each member, on presenting any communication, reso-
lution, or other matter for the consideration and action of the
Council, shall rise and address the Mayor as '* Mr. President,"
and having made such explanation, or statement, as he shall
deem necessary, of the matter he desires to present, shall ask
leave to present the same.
RULES AND ORDER OF BUSINESS. 19
9. No member shall be permitted to speak without rising
and addressing the Chair in the proper form, nor shall he pro-
ceed with his remarks until he is recognized and named by
the Chair.
10. No member shall speak more than twice upon the same"
general question, except by unanimous consent.
11. A member called to order while speaking, shall, unless
permitted to explain, immediately cease speaking and sit
down, until the point of order is presented and decided. If
there be no appeal, the decision of the Chair shall be con-
clusive, but if an appeal be taken from the decision of the
Chair, the Council shall decide on the matter without debate.
12. While a member is speaking, no member shall hold any
private discourse, or pass between the speaker and the Chair.
13. No member shall vote on any matter in which he is
directly interested. But he shall, if present, vote on all other
questions, unless excused by the Council.
14. No member shall speak to the Council unless there be
some question then pending before it, except to make an ex-
planation or an inquiry.
RESOLUTIONS, MOTIONS AND ORDINANCES.
15. All resolutions shall be in writing, and every motion
shall be reduced to writing when requested by the Mayor or
any Alderman.
16. No motion shall be put and debated unless it is sec-
onded. When a motion is seconded it shall" then be stated
by the Mayor or be read, if reduced to writing, by the Re-
corder or the member offering it.
17. After a motion or resolution has been stated by the
Mayor, it shall be regarded as properly before the Council,
but it maybe withdrawn at anytime before amendment is made
to it, or vote taken on it ; but if an amendment has been
made or a vote taken, it can only be withdrawn by the con-
sent of the Council.
18. On the request of any two members of the Council,
the yeas and nays shall be taken and entered on the minutes.
19. All ordinances, under the Charter, shall be presented at
the regular meetings of the Council, by leave ; they shall be
read three times before their final passage, but not more than
twice at one meeting, unless by suspension of this rule ; but
they may be rejected by the Council on the first or sec-
ond reading.
20. When a question is pending or under debate, no other
business shall be in order, and no matter shall be entertained
20 RULES AND ORDER OF BUSINESS.
except : — ist, A motion to adjourn. 2d. To lay on the table.
3d. To postpone indefinitely. 4th. The previous question.
5th. To refer to a committee. 6th. To amend, and 7th, To
adjourn to a particular day. Such motions shall have prece-
dence in the order herein named, the first, second and fourth
to be decided without debate.
QUESTIONS NOT DEBATABLE.
21. Motions to adjourn, to lay on the table, or for the pre-
vious question, are not debatable ; but when the motion is to
adjourn to a certain day, or to lay on the table and publish,
or to do any other thing, it is then open to amendment
and debate.
MOTION TO ADJOURN.
22. A motion to adjourn is always in order, except when a
member has the floor ; or, 2d, While the yeas and nays are
being called ; or, 3d,'' When the members are voting ; or,
4th, When the previous question has been ordered ; or, 5th,
When adjournment was the preceding motion.
PREVIOUS QUESTION.
23. When the previous question is moved and put, it shall
be in the following form : "Shall the main question be now
put ?'' If this is carried, all amendments not acted on, and all
further motions or debate shall be at an end, and the question
be put without delay.
AMENDMENT.
24. A motion to amend shall be in order, but to amend an
amendment to an amendment shall not be entertained.
25. Nothing offered as an amendment to any matter be-
fore the Council will be entertained unless it is germain to
such matter.
RECONSIDERATION.
26. A motion may be made to reconsider at any time dur-
ing the same meeting, or at the first meeting had thereafter.
27. A motion to reconsider must be made and seconded by
members who voted in the majority, or by those who were ab-
sent and did not vote on the matter on which reconsidera-
tion is desired.
28. No question shall be reconsidered more than once, nor
shall a vote to reconsider be reconsidered.
RULES AND ORDER OF BUSINESS. 21
COMMITTEES.
28. The Mayor shall appoint all committees, unless the
Council otherwise order.
29. All standing committees shall be appointed by the_
Mayor annually, on entering- upon the duties of his office, and
the first named shall be the Chairman thereof.
30. The Standing Committees shall be
1. On Finance and Claims.
2. On Streets and Alleys.
3. On Sidewalks,
And such other standing committees as the Council may
authorize hereafter.
31. Standing and special committees shall consist of not
less than three members.
32. Standing committees, and special comrnittees, to whom
matters are referred by the Council, shall report at the next
regular meeting of the Council after the reference, unless
otherwise instructed, or further time be given.
33. Such reports shall briefly describe the matter referred
to it, and the conclusion to which the committee has come ;
which conclusion shall be summed up in form of an order,
resolution or recommendation.
34. On the acceptance of a final report from a special com-
mittee, the said committee shall be considered discharged,
without a vote, unless otherwise ordered.
MISCELLANEOUS.
35. No person, not a member of the Council, shall be al-
lowed to speak before the Council, except by permission of
the Council.
36. Any member may call for the reading of any paper in
the possession of the Council, bearing upon a question then
pending.
37. In filling blanks the question shall be upon the highest
number or the longest time.
38. All bills and claims against the city shall be referred to
some committee, and shall lie over until the next meeting of
the Council, unless the Council shall, by unanimous consent
of the members present, allow the claim, in which case pay-
ment may be ordered at the same meeting at which the claim
is presented.
39. No resolution, or other action of the City Council, ap-
propriating money, or involving the appropriation of money,
shall be passed at the same session of the Council at which it
22 ' RULES AND ORDER OF BUSINESS.
is presented, unless by unanimous consent of the members
present, but shall, unless such unanimous consent be had, be
referred to some appropriate committee, which shall report at
the next meeting of the Council.
40. In all proceedings to amend or to change an ordinance,
or any section thereof, the proposed amendment shall contain
the entire ordinance, or the section thereof, as the case may
be, to be amended or changed, and the former ordinance or
section thereof, shall be repealed. In other words, an ordi-
nance or section of an ordinance shall not be amended by
striking out, inserting or adding words ; but the former ordi-
nance or section (as the case may be) shall be repealed, and
the new one, as amended, written out in full, and substituted
in its place.
41. The foregoing rules may be temporarily suspended by a
vote of two-thirds of the members present, but no change or
alteration in them, or any addition to them, shall be made ex-
cept by the concurrence of all the Aldermen.
CHARTER OF THE
CITY OF MUSCATINE
ARTICLE I.
TOWN OF MUSCATINE CKEATED A CITY— BOUNDARIES OF CITY— DIVISION
INTO WARDS.
1. City of Muscatine created. { 4. Boundaries of City.
2. Made a body corporate. j 5. Divided into three wards, witli pow-
3. Riglits, powers, duties, etc., of town j er to create new wards, and to change ex.
of Muscatine, transfered to and imposed isting ones.
upon said City.
Section i. Be it enacted by the General Assembly of the
State of loiva. That the town of Muscatine, (formerly the
town of Bloomington,) in the county of Muscatine, is hereby
created a city by the name of the "City of Muscatine."
Sec. 2. The said city is made a body corporate, and is in-
vested with all the powders and attributes of a municipal cor-
poration.
Sec. 3. All the rights, powers, privileges, duties, liabilities,
and property of the late town of Muscatine, are hereby trans-
ferred to and imposed upon the said city, except as repealed
or qualified herein, and the same may be enforced by or
against the city, as they might have been by or against
the town.
Sec. 4. The following shall be the boundaries of the said
City of Muscatine : Commencing at a point in the center of
*The original charter of the City of Muscatine was approved February 1st, 1851. Previous
to the adoption of the present State Constitution, amendments were made to it, bv the Leg-
islature, viz. : Act of 1853, page 137; Act of 1855. page 76; Act of 1856. page 49; Acts of 1857,
pages 25 and 149.
24 CITY CHARTER.
the main channel of the Mississippi River, where the south
line of section ten, township seventy-six, north of range two
west of 5th P. M. should strike — thence west and along said
section line to the west line of said section ten ; thence north,
and along the section lines of sections ten, three, thirty-four,
and twenty-seven, to the northwest corner of the southwest
quarter of section twenty-seven, north of range two west of
5th P. M. ; thence east through the center of sections twenty-
seven, twenty-six and twenty-five, to a point where said lines
strike the township line, between ranges one and two west ;
thence south and along said township line, to a point in the
center of the main channel of the Mississipi River, thence
along the center of said channel, and with the course of the
same, to the point of beginning."^
Sec. 5. The said city is hereby divided into three wards, as
follows : That part of the city which lies south ^nd west of
the middle of Chestnut street is the first ward ; that part
lying between the middle of Chestnut street and middle of
Walnut street, is the second v/ard ; that part lying north and
east of the middle of Walnut street, is the third ward ; but
the City Council may create new wards and change the limits
of those now or hereafter established.
ARTICLE II.
ELECTIVE OFFICERS OF THE CITY
6. Who are elective officers. When and
for what time elected.
7. Two Aldermen to be elected from each
ward, to hold for two years. In case of a tie,
vote to be determined by lot.
Sec. 6. The elective officers of the city shall be a Mayor,
two Aldermen from each ward, Treasurer and Wharf Master,
for the choice of whom an election shall be holden annually
on the first Monday of March, and each of whom will hold
his office for the term of one year, (except in the case of Al-
derman as hereafter provided) and until their successors are
elected and qualified. t
Sec 7. Two Aldermen shall be elected in each ward, and
such one of the two as receives at the first election the high-
est number of votes, shall hold his office for the term of two
years, and the other one year, and thereafter one shall be
elected each year in each ward, to hold for the term of two
years. If there be a tie in the above case, the matter is to be
determined by lot.
*Amendment to Charter enlarging city limits, etc., approved July 14th, 1876.
tBy the Act approved March 14th, 1876, post, it is provided that cities organized and ex-
isting under special Charters, shall, at their regular annual election, elect one City Assessor,
and by Chapter 12 of Acts of 1868, cities under special Charter are authorized to elect Police
Judge.
CITY CHARTER.
25
ARTICLE III.
DUTIES AND POWERS OF MAYOR— IS EX-OFFICIO JUSTICE OF THE PEACE-
IS PRESIDING OFFICER OF COUNCIL— POWER TO APPOINT PRESIDENT
PRO TEM., AND HIS POWERS. ^
8. To see the laws and oi'dinances of the
City executed and enforced ; to superin-
tend and direct the official conduct of subor-
dinate officers ; keep seal of City, and sign
and seal all commissions, licenses and per-
mits; and to discharge such duties as per-
tain to the office, or may bo imposed by or-
dinance.
9. Is exrofflcw Justice of the Peace. Juris-
diction. Fees.
10. Appeal may be taken from judgments
and decisions of Mayors.
11. Is the Presiding officer of the Council.
May give casting vote in case of tie. When
Council may appoint President pro tern.
12. When Justices of the Peace of Bloom-
ington township may act in cases arising
under City Ordinances. President of the
Council pro tern, has same powers as Mayor,
except to act as Justice of the Peace.
Sec. 8. It is the duty of the Mayor to see that the laws and
ordinances of the city are executed, and their violations pun-
ished ; to superintend and direct the official conduct of the
subordinate officers ; to keep the seal of the city, and to sign
and seal all commissions, licenses and permits granted by the
City Council, and perform such duties and exercise such pow-
ers as pertain to the office of a Mayor of a city, and such as
may be granted by the ordinances of the city, consistent
with law.
Sec. 9. He is by virtue of his office, a Justice of the Peace,
and is invested with exclusive original jurisdiction of cases
arising under the ordinances of the city,* with criminal juris-
diction of the offences against the laws of the State com-
mitted within the city, and with civil jurisdiction limited to
the city in the same manner as that of justices is, or may be,
limited to their townships, and he will not be disqualified to
act in such judicial capacity by any proceeding being in the
name of or in behalf of the city. He will be entitled to de-
mand and receive in civil actions, and in actions for the
breach of the laws of the State, such fees as are at the time
allowed by the law to a Justice of the Peace.
Sec. 10. Appeals to the District Court, in the same county,
shall be allowed [from] the judgment and decisions of the
Mayor in the same cases, time and manner as they are at the
time allowed by law from those of other justices, and they
shall be tried in the same manner.
Sec. II. He shall be the presiding officer of the City Coun-
cil when present, and shall give the casting vote when there
*The original Charter of the city gave the Mayor exclusive original jurisdiction in cases
arising under the ordinances, but Chapter 12 of the Acts of 1870, posU authorizes cities
acting under special Charters to elect Police Judges, who have jurisdiction in all cases
arising under the ordinances of the city electing them. See Police Judge, po»t.
26
CITY CHARTER.
is a tie. In his absence the Council may appoint a President
for the. time being.
Sec. 12. In case of the absence of the Mayor of the City of
Muscatine from the city, and in case of his inabiHty to act as
a justice, any Justice of the Peace in the township of Bloom-
ington may take cognizance of cases ari'^ing under the ordi-
nances of the city ; such absence or inability being made to
appear upon the docket of the justice. And in like cases of
the absence or inability of the Mayor, the President of the
Council /r^ /^;///^r^ shall have authority to sign ordinances
and orders on the Treasurer, and to administer oaths, and do
all other things pertaining to the office of Mayor, (except act-
ing as a Justice of the Peace,) stating, in connection with his
signature, the absence or inabilty of the Mayor.^
ARTICLE IV.
THE CITY COUNCIL— ITS POWDERS AND AUTHORITY— DISABILITIES OF MEM-
BERS OF THE COUNCIL.
13. City Council consists of Mayor and
Aldermen, and is vested with legislative
authority.
14. May hold meetings as it may see fit, but
meetings must be public.
15. Majority necessary to make quorum.
Is the judge of the election and qualifica-
tion of its own members. May compel the
attendance of members. Must keep record
of its proceedings.
16. General enumeration of powers.
17. When and to what oflice members of
the Council are ineligible. Cannot be inte-
rested in any contract or work done for the
City.
Sec. 13. The legislative authority of the city is vested in a
City Council, consisting of the Mayor, and a Board of Alder-
men, composed of two from each ward of the city.
Sec. 14. The Council may hold meetings as it sees fit, hav-
ing stated times fixed, or having provided by ordinances for
the manner of calling them. Its meetings shall be public.
Sec. 15. A majority of the Council will be necessary to
constitute a quorum. It is the judge of the election and
qualification of its own members ; it may determine the rules
of its own proceedings ; it may compel the attendance of its
members at its meetings, in such manner and by such penal-
ties as it may adopt ; and it shall cause a record of its pro-
ceedings to be kept.
Sec. 16. The Council is invested with the following powers :
1st. To make ordinances to secure the inhabitants against
fire, against violations of the law and the public peace ; to
♦Amendment to Charter, approved January 22d, 1853.
I
CITY CHARTER. ^ 2/
suppress riots, drunkenness, gambling, and indecent and dis-
orderly conduct ; and, generally, to provide for the safety,
good order, and prosperity of the city, and the health, morals,
and convenience of the inhabitants.
2d. To impose penalties for the violation of its ordinances,
not exceeding one hundred dollars, which may be recovered
by civil action in the name of the city, or by complaint before
the Mayor,"^ as in the case of a complaint before a Justice of
the Peace, and the laws of the State in relation to carrying
into effect a judgment of a Justice of the Peace, under a
complaint, shall be applied to judgments in the above cases,
but the charges thereof must be borne by the cit)^.
3d. To establish and organize fire companies, and provide
them with engines and other fire apparatus.
4th. To regulate the keeping and the sale of gunpowder
within the city, and to provide that no building of wood shall
be erected within such parts of the city as may be designa-
ted, and to declare such buildings a nuisance and cause
their removal.
5th. To have the control of the landing on the Mississippi
river, and build wharves and regulate the landing, wharfage,
and dockage of boats and all water crafts, goods, lumber and
other things landed at, or taken [away] from the same : Pro-
vided, nothing in this section shall be [so] construed as to
affect the rights of the State or counties, nor to prevent the
the County of Muscatine from granting ferry charters in
said county.
6th. To exercise exclusively the power to provide for the
license, regulation, or prohibition of exhibitions, shows and
theatrical performances, billiard-tables , ball and ten-pin alleys,
and places where any games of skill or chance are played.
But this power extends to no exhibition of a properly literary,
scientific, or artistical character— and when the law of the
State permits license for the sale of intoxicating liquors, that
subject shall be within the exclusive authority of the Coun-
cil, and it may at all times prohibit the retail of the above
liquors, unless such prohibition would be inconsistent with
the law of the State at the time existing ; and it may revoke
or suspend any of the licenses above mentioned, when it con-
siders that the good order and welfare of the city require it.
7th. To make all requisite ordinances in relation to the
cleanliness and health of the city, and to require the owners
of lots on which water becomes stagnant, to drain or fill up
*See Police Judge, "j^mt.
28 CITT CHARTER.
the same, and in default thereof, after a reasonable notice, to
cause the same to be done at the expense of the city, and
assess the cost on the specific lots, and cause them to be sold
by the city collector, as in the case of unpaid taxes ; but the
owner may redeem the same as in that case.
8th. To regulate cartage and drayage within the city, and
may license therefor ; and may also make a prohibition of
animals running at large within the city.
9th. To provide for the establishment and support of
schools in the city when there has been a legal vote of the
citizens in favor thereof, and to provide for the government
of the same.
lOth. To audit all claims against the city — to provide for
the keeping of the public money of the city, and the manner
of drawing the same from the treasury ; and all officers of the
city are accountable to the Council in such manner as it di-
rects— and it is the duty of the Council to publish annually a
particular statement of the receipts and expenditures of the
city, and of all debts owing to or from the same.
nth. To establish the grades of the streets, alleys and
wharfs, and to change that of wharfs at pleasure, and when-
ever they may deem it expedient for the public interests of
the city, to alter the width, course or grade of any street
or alley.*
I2th. To prescribe the manner of calling the meetings of
the citizens, except for the election of officers.
13th. To appoint in such manner as it determines, and dur-
ing pleasure, one or more street commissioners, a clerk of
the market, city surveyor, health officers, and such other offi-
cers as it deems advisable ; and may prescribe their duties,
powers and qualifications ; and may provide for the election
of any of those officers by the citizens.
14th. To cause the streets and alleys of the city to be
paved, and the pavements to be repaired ; and to that end it
may require the owners of the lots adjacent to which it is to
be done, to pave or repair one-half in width of the street con-
tiguous to their respective lots ; and in case of neglect after
a reasonable time named in the order, the same may be done
by the city, and the expense may be assessed on such lots,
which shall have the effect of a tax levied thereon, and they
may be sold therefor as for a tax, subject to the same right of
redemption.
♦Amendment to Charter, approved January 24th, 1855. Same approved July 14th, 1856.
CITY CHARTER.
29
15th. To borrow money for any object in its discretion, if
at a regularly notified meeting, under a notice stating dis-
tinctly the nature and object of the loan, and the amount
thereof, as nearly as practicable, the citizens determine in
favor of the loan by a majority of two-thirds of the votes-
given at the election.
i6th. To fill vacancies occurring in any of the city officers
by appointment of record, to hold, in case of elective officers,
until the next regular election and the qualification of the
successor.
Sec. 17. No member of the City Council shall be eligible
to any office in the gift of the Council, during the term for
which he is elected, nor shall he be interested directly or in-
directly in the profits of any contract, or job, of work, or ser-
vice to be perform.cd for the city.
ARTICLE V,
ORDINANCES.
18. Must be signed by the Mayor and at-
tested by the Recorder, and published ten
days before they talce effect. Must be re-
corded in a book for that purpose, signed by
the Mayor, and attested by Recorder.
19. Affidavit of publisher of newspaper
'prima facie evidence of publication.
I
Sec. 18. Ordinances passed by the City Council shall be
signed by the Mayor and attested by the Recorder, and be-
fore they take effect be published in one or more newspa-
pers printed in the city at least ten days, or be posted in each
ward for fifteen days ; they shall be recorded in a book to be
kept for that purpose, and signed by the Mayor and attested
by the Recorder.
Sec. 19. An affidavit made by the Recorder, Marshal or
Mayor, or by the printer or publisher of a newspaper, in
which an ordinance may be published, stating the time and
manner of the publication of an ordinance, and sworn to be-
fore the Mayor or any Justice of the Peace in the county of
Muscatine, and filed in the Recorder's office, or made and
signed on the face of the record of ordinances, shall be prima
facie evidence of the publication therein stated.*
♦Amendment to Charter approved January 22d, 1853.
30 CITY CHARTER.
ARTICLE VI.
RECORDER AND MARSHAL.
20. Council may appoint, to hold office j Must execute proceys directed to him. May
during pleasure of Council. j serve such process anywhere in the county.
21. Recorder to keep a true record of i)ro- | May quell riots and disturbances in the city
ceedings of Conncil, and perform such other i and prevent crimes and arrest offenders
duties as the Council may require of him, j therein. May appoint deputies with ap-
22. Marshal is conservator of the peace. | proval of Council. Fees.
Sec. 20. The Council of the .said city shall have authority to
appoint the Marshal and Recorder of the city, which officers
shall hold their respective offices during the pleasure of the
Council, and from whom or any of them, the Council may, by
general ordinance, require bond.^
Sec. 21. The Recorder is required to keep a true record of
all the official proceedings of the Council, and such record
shall at all times be open to the inspection of any citizen,
and he shall perform such other duties as may be required by
the Council.
Sec. 22. The Marshal is made a conservator of the peace;
he is the executive officer of the Mayor's court, t and shall exe-
cute and return all process directed to him by the Mayor, and
in cases for the violation of the criminal laws of the State
and of the ordinances of the city, may execute such process
in any part of the county; he is invested with the same au-
thority within the city to quell riot and disturbances, to pre-
vent crimes and to arrest offenders, that the Sheriff has within
his county. He shall perform such other duties as the Coun-
cil prescribe, and with its approval may appoint one or more
deputies, for whose official acts he will be responsible, and
whom he may discharge ; for the services of legal process he
will be entitled to the same fees as a constable, and for services
required by the Council, such compensation as it may allow.
ARTICLE VII.
ELECTIONS— HOW ELECTIONS ARE TO BS CONDUCTED -'QUALIFICATION OF
VOTERS— WHO ELIGIBLE AS OFFICERS— NOTICE OF ELECTION RETURNS.
23. How elections are to be conducted.
24. Who are voters.
2.5. Vote may be challenged.
26. No person eligible to an elective office
unless a voter of the city and a resident
thereof for the year next preceding the
election.
27. Mayor must issue proclamation, speci-
fying officers to be elected, and time and
place of election.
28. Polls to be opened between 8 and 10
A. M., and to remain open until 4 P. M.
Judges to make return to Council. Duties of
Council.
Sec. 23. The election of the officers of the city shall be
♦Amendment to Charter approved January 22d, 1853.
tAnd probably of the Police Judge's Court.
I
CITY CHARTER. 3 I
conducted in a manner as similar to that in which the elec-
tions are conducted in the townships as the nature of the
case permits.
Sec. 24. Every male citizen of the United States, of the
age of twenty-one years, who shall have been a resident" of
the city six months, and of the ward in which he offers to
vote, ten days next preceding a city election, is declared a
citizen of the said city, and is entitled to vote at all elec-
tions thereof
Sec. 25. A person offering to vote may be challenged as in
the elections in the townships, and an oath may be adminis-
tered to him under like circumstances, naming the qualifica-
tions herein prescribed.
Sec. 26. No person shall be eligible to any elective office
mentioned in this act, unless he be a voter of the city, and
have been a resident thereof one year next preceding his
election.
Sec. 27. For all elections for city officers the Mayor is
directed to issue a proclamation to the voters of the city, or
of the several wards, as the case may be, naming the time
and place, or places, of the election, and the officers to be
chosen, and cause a copy to be posted up in each ward at
least ten days before the election, or instead thereof, he may
cause a copy to be published in a newspaper printed in the
city, the same length of time.
Sec. 28. The polls shall be opened 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
City Council, who shall examine them, and cause an abstract
of the. votes to be recorded in a book to be kept for that
purpose.
ARTICLE VIII.
OFFICERS OF THE CITY TO TAKE OFFICIAL OATH AND GIVE BOND.
29. Requisites of oath officers are required
to take.
30. Council may require bond.
31. Officers may by ordinance be required
to perform duties additional to those pre-
scribed in Charter. Ordinances may fix
compensation and provide penalties.
Sec. 29. The Mayor, Aldermen, Marshal, Treasurer, Re-
corder, Wharf Master and Assessor, shall take an oath to
support the constitution of the United States and of the State
32
CITY CHARTER.
of Iowa, and faithfully and inripartially to perform their duty
to the best of their knowledge and ability; the oath of office
may be administered by the Mayor or Recorder, when he is
qualified ; and in the transaction of the business of the cor-
poration, those officers and the president for the time being,
may administer oaths, which shall be of the same effect as if
administered by other officers authorized thereto.
Sec. 30. Such of the officers as the Council determines
shall give bond in such penal sum, and with such condition,
as may be prescribed, and to be approved as required.
Sec. 31. The duties of all the officers, (in addition to the
duties herein prescribed,) shall be such as are provided by or-
dinances, and they will be entitled to such compensation for
their services, and subject to such penalties and forfeitures for
violation of duty, (except as herein provided,) as the ordi-
nances may prescribe.
ARTICLE IX.
ASSESSMENT, LEVY AND COLLECTION OF TAXES.
32. Council authorized to levy taxes on all
property in the city subject to taxation.
May tax dogs or prohibit their being kept
in the city.
33. Latest county assessment to form the
basis of city assessment; but City Assessor
may add thereto any property omitted.
34. The Collector to give thirty days no-
tice of the assessment and levy of the tax,
and the rate thereof.
35. Assessment may, on application to the
Council, within thirty days, be corrected, if
erroneous.
36. Mayor to affix his warrant to tax list,
but warrant and list a justification to Col-
lector.
37. Collector may distrain personal pro-
perty liable to taxation, if taxes are not
paid within a reasonable time after demand.
38. Taxes on real property to be a lien
thereon, and it may be sold therefor.
39. Sales must be made at public auction,
and on thirty days' notice.
40. Collector to execute deed to purchas-
er, if property is not redeemed.
Sec. 32. The Council shall appoint* an Assessor for the
city who shall be sworn to perform the duties of his office
faithfully and impartially, and whose duty it shall be to make
an assessment of all the property within the city which is
subject to taxation, including improvements on real property,
and upon whose assessment the Council is authorized to levy
and collect annually taxes not exceeding one per cent, on the
value of all such property.^ The Council may also levy a tax
on dogs, or prohibit their being kept in the city.
♦Amendment to Charter approved January 22d, 18.53.
tAmendment to Charter approved January 22d, 1853. But Section 15. of Chapter 116, of
Acts of 1876, post, authorizes cities acting under special Charters, and having a population
of not more than fifteen thousand inhabitants, as shown by the last State census, to levy an
annual tax not exceeding three per cent, for the payment of its annual expenses and bonded
indebtedness.
I
CITY CHARTER. 33
Sec. 33-. The latest county assessment roll shall form the
basis of the assessment, but the City Assessor may add
thereto any property omitted, assessing the same himself.
Sec. 34. The collector shall, before proceeding to collect-
the taxes, give thirty days' notice of the assessment and levy
of the tax, and the rate thereof, in general terms, without
names or the description of property, in a newspaper printed
in the city, if there be one, and if none, then by two written
notices posted in public places in each ward.*
Sec. 35. During the thirty days, any person aggrieved by
his assessment or taxation, may appear before the Council,
which may correct the same, if found erroneous.
Sec. 36. The Mayor shall affix his warrant to the tax-list,
in general terms, requiring the collector to collect the taxes
therein according to law, and such warrant and list shall be a
a justification to the collector.
Sec. 37. When any person's tax is not paid within a reas-
onable time after demand, the collector may distrain upon
personal property liable to taxation, and sell the same, as the
county collector may sell in like cases.
Sec. 38. Taxes on real property shall be alien thereon, and
it may be sold therefor, (if no personal property be found,)
when the taxes remain unpaid for four months after the pub-
lication of the notice of the tax ; but demand of the tax
must be made a reasonable time before sale, if the supposed
[owner] be found in the city.
Sec. 39. Such sales must be at public auction, and there
must be thirty days notice prior thereto, given as above pro-
vided for notifying the assessment and tax ; and in such sale,
he who bids to pay the amount due for the least quantity of
the land, will be the highest bidder; and the manner of ascer-
taining the portion purchased, shall be as directed in the State
revenue law now or hereafter existing.
Sec. 40. The Collector shall execute and deliver to the
purchaser a deed running in the name of the State, which
shall have the same force and effect as the deed of the Treas-
urer of the county on sales for county and State taxes under
« . _^
*By the original Charter the Marshal was made the Collector of taxes, but by votes of
the people (1859 and 1862' the Charter was amended in this particular, and in the last-named
year the office of City Collector was created. Section 3. of Chapter 111 of the Acts of 1868,
authorized cities, acting under special Charters, to have their taxes collected by the
County Treasurer. The City of Muscatine availed itself of this provision, and since 1868, its
taxes have been collected by the Treasurer of the county.
34
CITY CHARTER.
the law existing at the time. The land may be ^redeemed
within one year from the day of the sale, by the payment of
the purchase money and ten per cent, thereon, with any other
taxes paid by the purchaser, which payment may be made to
the purchaser, his agent, or the Treasurer of the city.^'
ARTICLE X.
STREETS AND ALLEYS.
41. Owners of property injured by altera-
tion in the width, course or grade of any
street or alley, may have his damages as-
sessed by Board of Commissioners, when
application for damages is made to them.
42. Board of Commissioners to be ap-
pointed by County Judges, and to consist of
three disinterested resident property hold-
ers of said city.
43 City Council may apply to Board cf
Commissioners to have damages assessed
when owner of property fails to apply.
44. Taxes collected for improvement of
streets and alleys, to be expended in the dif-
ferent wards, in proportion to the amount
of tax levied and collected in such ward re-
spectively.
45. City Assessor to return assessment of
property by wards.
-16. Any taxes left after paying current ex-
penses and debts, to be expended on streets
and alleys, and divided pro rata in the dif-
ferent wards.
Sec. 41. That if any property holder shall be injured by
any alteration made by Council in width, course or grade of
any street or alley, such person may make application to the
Board of Commissioners for the assessment of damages (to be
appointed as hereinafter provided) who, upon such applica-
tion shall give ten days notice in the newspapers published in
said city, in case the claimant be a resident of said city, or
twenty days in case the claimant be a non-resident, stating
the time and place of meeting and the object of the same, and
at the same time specified in said notice, said Commissioners
shall proceed to view and assess the damages done by reason
of such alteration and improvement, and shall, within five
days thereafter make an award and return the same to the
County Judge of Muscatine county, who shall enter judg-
ment thereon, (if approved,) and said judgment shall be final.
Sec. 42. That the said City Council, or persons interested,
may, whenever they may deem it necessary, make application
to the county judge of said county, who shall appoint three
disinterested property holders, resident in said city, who are
. » .
♦Various acts of the Legislature have made some important changes in the mode by
which the collection of municipal taxes can be enforced, the penalty annexed to delinquent
taxes, the time in which redemption may be made, and the eftect, of the Collector's deed.
Chapter 116, of the Acts of 1876, post authorize the City Council of any city acting under a
special Charter, by ordinances, to make full provision for the collection of taxes, special as
well as general, by sale of property, imposition of penalties, etc.
I
CITY CHARTER. 35
hereby constituted a Board of Commissioners for the assess-
ment of damages, which Board, or any member thereof may,
for good cause shown, be removed, and the vacancy occasion-
ed thereby filled by said County Judge.*
Sec. 43. That in any case, where by reason of such altera-
tion, any claim for damages may arise, and the thereof
shall neglect to apply to said Commissioners, the City Coun-
cil may make such application and the proceedings thereon
shall in all respects be the same as specified in the second sec-
tion of this act.t
Sec. 44. That all taxes hereafter levied and collected in the
City of Muscatine for the purpose of improving the streets
and alleys thereof, shall be expended in the different wards in
proportion to the amount of tax levied and collected in such
wards respectively.
Sec. 45. For the purpose of putting the above provision
into execution, it shall be the duty of the City Assessor to re-
turn to the City Council, at the same time that he returns his
assessment of property in said city, the total amount of the
taxable property in each ward separately, which shall form
the basis for making the apportionment of moneys to be ex-
pended in the respective wards.
Sec. 46. After paying all the current expenses and debts
of said city due for the fiscal year, the excess of taxes col-
lected in said city to be expended by the city authorities
upon the streets and alleys, shall be divided and applied pro
rata in the different wards thereof.^
ARTICLE XL
47. Can impose hcenso on auctioneers.
48. May require auctioneer to give bond
conditioned that lie will render a true ac-
count ol all sales made by him, and prompt-
ly pay to the city all taxes due the city on
AUCTIONEERS. §
such sales. If city taxes for curi'ent year
have been paid, no additional tax required.
49. Judicial sales, and sales made by legal
representatives of deceased persons, not sub-
ject to auctioneer's tax.
Sec. 47. The Council shall be authorized to impose license
upon all persons exercising the business or calling of an auc-
*The office of County Judjie was abolished in 18(i8. Section 13 of Chapter 86, Acts of
1868. after enumerating certain things in respect to which the Circuit Court shall have origi-
nal and exclusive jurisdiction, adds "of all other actions and proceedings of which the
C^ounty Judge or County Court now has jurisdiction." Section 9 of Chapter 116, Laws of
1866. post, gives to the City Council the power to appoint these Commissioners.
tSections 40, 41 and 42 are taken from amendment to Charter, approved January 24th, 1855.
^Sections 43, 44 and 45, amendment to Charter, approved January 26th, 1857.
gAmendmcnt to Charter approved January 26th, 1857. See further— Chapter 97 of Laws
of 1862, post ; also Section 14, of Chapter 116 of Laws of 1876, post.
36
CITY CHARTER.
tioneer within the said city, in such sum as the said Council
may determine, and upon such conditions as the said Coun-
cil may see proper to affix.
Sec. 48. That said City Council shall have power to tax and
regulate auctioneers in their calling, and to require each and
every person so exercising the business of an auctioneer, as
aforesaid, to execute to the said city a bond with security, to
be approved by the said City Council, conditioned that he
will render a true account of all sales made by him, and
promptly pay over to the said city all taxes which may be-
come due to the said city from the sales so made by him as
auctioneer. Provided, That nothing in this act shall be con-
strued so as to charge any property in the city, upon which
the city taxes for the current year have been paid, with any
additional tax.
Sec. 49. That said City Council shall have full power and
authority to pass all ordinances that may be necessary to give
force and effect to this act, judicial sales made b)' a legal offi-
cer, and sales of the property of a deceased person, by his
legal representative being exempted from its operation.
ARTICLE XII.
AMENDMENT TO CITY CHARTER ENLARGING CITY BOUNDARIES, ETC., AP-
PROVED JULY 14, 1856.*
50. City may form two road districts, when
Council so determine. Road tax payable as
Council may direct.
51. Council authorized to extend streets
ahd alleys through the territory annexed.
Full compensation to be made to the own-
ers of property taken in making such ex-
tension.
52. Council may make changes in the
shape and width of any streets or alleys in
old or new city limits. May shut up old
and make new streets and alleys. Compen-
sation to be made for property taken, or
damages sustained on account of change.
5:^. Lands not laid out in lots or out lots to
be taxed by the acre, according to its value
for agricultural, horticultural, mining or
other purposes. Improvements to be taxed
at their full value.
54. Full power to establish grades for
streets and alleys in new limits. May make
such grades conform to grades ol old streets
or not. City not liable for damages to build-
ings done by grading in new limits, unless
such building was erected before grade was
established.
Sec. 50. That said City of Muscatine, as above bounded,
may hereafter form two road districts, the boundaries of which
shall be determined by the City Council, and until so deter-
mined it shall constitute one road district, and the road taxes
assessed by the county authorities upon the persons and
property in said city, shall hereafter only be payable to such
*The first section of this Act enlarging the city limits simply describes the boundaries
of the city. This has been given in Section 4, anie,^ and hence is not repeated.
I
CITY CHARTER. 3/
persons as the City Council may authorize to receive the
same. And the County Collector is hereby prohibited from
paying said road taxes to any other person or officer than such
as shall be authorized to receive and receipt for the same by
the City Council. ^
Sec. 51. That it shall be competent for the Council of said
city to take any steps which they may deem necessary to se-
cure the extension of the present streets and alleys of the old
city limits through the grounds which by this act are added
thereto. Provided, That in no case shall such extension be
made and dedicated to the use of the public without the city
being liable for full compensation to the owners of all such
property as may be thus taken and dedicated.
Sec. 52. That it shall and may be lawful for the City Coun-
cil of said city to make any changes in the shape and width
of any streets or alleys of said city, either in the old or new
limits ; to shut up old and make new streets and alleys.
Provided, That in all and every such case the said city shall be
liable to make full compensation at the fair cash value to the
owners of all property which shall be thus taken for public
use, and for all damages which the owners may sustain by any
change which said City Council may at any time see proper
to make.
Sec. 53. That all lands lying within the territory hereby
brought into the city, and not laid out in lots or out lots, shall
not be assessed or taxed otherwise than by the acre, accord-
ing to its value for agricultural, horticultural, mining or other
purposes ; but improvements thereon may be taxed their
full value.
Sec. 54. The City Council shall have full power to estab-
lish grades for contemplated streets and alleys in the new
limits, and make such grades conform to the grades of the
old limits of said city, or not, as they may deem advisable,
and said city shall not be liable for any damage done to build-
ings by grading in the new limits, unless said buildings shall
have been erected before the establishment of the grades in
this section contemplated.
38 CITY CHARTER.
ARTICLE XIII.
MISCELLANEOUS.
.55. Charter to be submitted to the vote of 57. Act is a public act.
citizens for acceptance or rejection, 58. Repealing all previous acts of incor-
.56. Authorities of the town of Muscatine poration and amendments thereto.
to continue until city officers are elected.
Sec. 55. On the passage of this act, the President and
Trustees of the town of Muscatine, are required to cause a
vote to be taken on the acceptance of this Charter, in the
manner in which the elections of the town are now called and
holden, in which the vote shall be " for the charter," or ''against
the charter," and shall be taken by ballot ; and if the vote be
in favor of its acceptance, such result shall be declared and be
entered on the record of the present town, and thenceforth
the same is accepted.
Sec. 56. The existing authorities of the tov/n of Musca-
tine will continue until an election is holden for the choice of
city officers, and the organization of the city, and the town
authorities shall cause an election to be holden on the first
Monday of March, 1851, for the election of city officers ; but
if this act does not take effect a day sufficiently early
for the above proceedings to take place as early as the day
above-named, then the question above-provided for may be
taken after the said first Monday of March, but the officers then
chosen, will hold as if elected on the above-named day, and
the succeeding annual elections shall be holden as in this act
before provided.
Sec. 57. This act shall be taken and may be pleaded as a
public act.
Sec. 58. An act entitled " an act to incorporate the town
of Bloomington," approved January 23d, 1839; ^i"* ^^^ en-
titled "an act to amend an act entitled an act for the incor-
poration of the town of Bloomington," approved February
i8th, 1842, and an act entitled "an act to amend an act en-
titled [an act] to incorporate the town of Bloomington, ap-
proved January 2d, 1836," approved January 14th, 1846 ; and
an act entitled "an act to amend an act entitled an act for the
incorporation of the town of Bloomington, approved January
23d, 1839," approved January 12th, 1849, ^^^ hereby repealed ;
but the rights and privileges, duties, liabilities and obligations
of individuals created or arising under the acts so repealed,
are not to be effected by this repeal.
ORDINANCES.
CHAPTER I.
ACCOUNTS.
An Ordinance in relation to accounts, books and finances.
I
1. Demands against the city. How pre-
sented.
2. Council to audit sucli claims. Keferred,
when.
3. Warrant issued when claim allowed.
4. Claims and receipts to be filed.
5. Accounts shall be drawn by the Re-
corder.
6. Recorder shall be the city accountant.
7. Books shall be kept. How.
8. Appropriations. Account of, how kept.
9. Accounts how kept.
10. Same.
11. City finances.
12. Bills receivable.
13. Statement of city finances to be made
by Recorder.
14. City taxes to be collected by County
Collector.
15. Account of taxes.
16. Pay over monies to Treasurer once a
month.
17. Shall make report monthly.
18. Money. By whom kept and disbursed.
19. Shall give receipts.
20. Books and accounts.
21. Separate account.
22. Register of warrants.
23. Marshal. Shall pay over monies.
24. Shall keep suitable books.
25. Warrants. How issued.
26. Recorder shall attest.
27. Shall provide printed warrants.
28. Shall keep a register.
29. Wharf. Wharf Master to collect mon-
ies, etc.
Be it ordained by the City Council of the City of Muscatine :
Section, i. That all demands against the city shall be pre-
sented to the Council, through some member thereof, in
proper form and in writing.
Sec. 2. The Council shall, at its stated sessions, or by a
vote of the Council at any other session, audit and adjust
all claims against the city so presented, and may examine
witnesses under oath or affirmation, or demand and examine
any books or papers relating to the same. Provided, That
at their discretion any account or claim may be referred
to a special committee, to report at the next stated or special
session.
40 ORDINANCES.
Sec. 3. When any account or claim is so audited or adjust-
ed, if a balance be due the person or persons presenting the
same, the Council shall order the Recorder to issue a war-
rant to said person or persons on the Treasury for the amount,
the account being receipted, and the check duly filled up
and signed.
Sec. 4. The Recorder shall file and preserve all claims and
accounts thus adjusted, and all receipts.
Sec. 5. All accounts and claims of the city against indi-
viduals, companies, etc., shall, by order of the Council, be
made out or drawn up by the Recorder, and placed in the
hands of the Marshal, unless otherwise ordered, who shall
proceed to adjust and collect the same, as directed by the
Council.
Sec. 6. The Recorder shall be the city accountant, and
shall keep all books relating to the finances provided for by
this, or any other ordinance, unless otherwise ordered by
the Council.
Sec. 7. He shall keep a general ledger in which the ac-
counts of the city shall be kept. The city shall be repre-
sented in said book by the term " revenue," and all monies
coming into the treasury shall be carried to the revenue,
specifying the source from which the same is derived, and the
revenue shall be charged with all appropriations, specifying
on what account the appropriation is made.
Sec. 8. When any appropriation is made for a specific pur-
pose, to be drawn from the treasury, as may be required for
said purpose, he shall open an account with such appropria-
tion, to be represented as "appropriation for " (as the
case may be), and shall credit the account by the amount of
appropriations thereto, and debit the same by the amount
of warrants drawn thereon. But if said appropriation is
placed in the control of a committee, then he shall open his
account with said committee, charging it with the amount ap-
propriated, and crediting it by all sums which the Council
shall decide to have been lawfully expended thereof
Sec. 9. He shall keep the account between the city and the
City Treasurer, charging him with all monies received into
the treasury, specifying the source, and credit him by all war-
rants, vouchers, or other proofs of disbursement, presented by
him at the time of making his reports, and which the Coun-
cil shall have decided as legal and authorized.
Sec. 10. He shall, in like manner, keep the accounts be-
tween the city and all officers, persons or bodies corporate,
who may have the collection, care or disbursement of any
monies for the city, charging the same with all collections to
ACCOUNTS. 41
be made, or blank licenses or certificates issued, and credit-
ing by the Treasurer's receipts, proper vouchers, or blanks
returned.
Sec. II. He shall keep in a proper book a detailed and
specific statement of the city finances — entering under sepa-"^
rate heads the amount received from each distinct source of
revenue, as for example, t?xes, licenses, fines, wharf, grave
yard, etc.— and shall include under the general head of "mis-
cellaneous," all items of incidental revenue, specifying from
what the same is derived.
Sec. 12. He shall keep an account of all debts due to or
from the city, and a bill-book, in which he shall enter all
bonds, notes, bills, or other obligations, payable or receivable
by the city, with the name by or to whom the note and inter-
est, and the time or times when interest and principal are
payable.
Sec. 13. The Recorder shall furnish the City Council, at all
times when directed, a statement of the whole condition of
the city finances. The Council may at any time, by them-
selves or committee, examine the books of the Recorder, or
any other officer, or any accounts, vouchers, records or docu-
ments in the keeping of any officer of the city —and any offi-
cer interested may at any time examine, in his presence, the
books and papers in the Recorder's office relating to the
finances.
THE CITY COLLECTOR.
Sec. 14. The City Collector shall receive all monies for all
city taxes, except in cases where the city may bring a civil ac-
tion for the collection of the same.
Sec. 15. He shall keep a regular account of all taxes paid
to him in a book kept for that purpose, and enter the same up
to the particular fund on account of which such taxes have
been paid.
Sec. 16. He shall pay over to the City Treasurer, at least
once in every month, all the monies received by him for city
taxes, and take therefor the Treasurer's receipt in a book
kept for that purpose, which receipt shall show how much
money the Treasurer has received on each fund.
Sec. 17. He shall make full monthly reports to the City
Council.
THE TREASURER.
Sec. 18. The City Treasurer shall receive, keep and dis-
burse all monies belonging to the city, paying the same out
6
42 ORDINANCES.
only upon warrants properly drawn and signed as herein
provided.
Sec. 19. He shall give to every person paying funds into
the treasury, a duplicate receipt therefor, specifying the date
of payment, upon what account paid, and whether in money
or warrants.
Sec. 20. He shall keep, in a set of books, a full and accu-
rate account of all monies received and disbursed by him on
account of the city, specifying the date of receipt and dis-
bursement, of whom received and to whom disbursed, and on
what account received and disbursed.
Sec. 21. He shall keep a separate account of each fund or
appropriation, as directed by the Council.
Sec. 22. He shall keep a register of all warrants paid into
the treasury, specifying the date, number, amount, to whom
issued, and on what account ; and shall immediately cancel
the same upon the face thereof, stating the date, and return
the warrants so cancelled by him as vouchers to the City
Council at the time of making his reports ; but he shall have
no credit for any warrant not properly drawn and signed, as
provided in the 26th section of this ordinance.
THE MARSHAL.
Sec. 23. The Marshal shall pay over to the Treasurer
promptly all monies received by him, belonging to the city,
taking the receipt of the Treasurer therefor.
Sec, 24. He shall keep in suitable books full accounts of all
collections made by him, specifying by whom paid, and for
what purpose, and report to the Council as often as once
a month.
WARRANTS.
Sec. 25. No warrant shall be issued except by order of the
Council. Such order shall specify to whom the warrant shall
issue, in what amount and against what fund.
Sec. 26. The Recorder shall fill up and attest all warrants
as ordered, and issue the same, having first obtained the sig-
nature of the Mayor thereto, to the proper person, taking his
receipt upon the check, and filling up the same to correspond
with the warrant.
Sec. 27. The Recorder shall provide himself, at the ex-
pense of the city, with neatly printed blank warrants, with a
check to each, and shall have the same bound in a book, and
preserve therein the check for his voucher.
Sec. 28. The Recorder shall keep a register of each war-
rant issued by him, to correspond with his check, and shall
ANIMALS.
43
note upon such register the cancellation of all warrants and
orders redeemed and returned by the Treasurer.
THE WHARF FUND.
Sec. 29. The Wharf Master shall collect in money all suTns""
fixed by ordinance as wharfage, on the various kind of craft,
which, by ordinance, are made liable for wharfage. He shall
execute receipts for all monies paid him, as wharfage, and
after retaining therefrom the percentage allowed him by or-
dinance for making the collection, he shall pay over the resi-
due to the City Treasurer on the fifteenth day of each month.
He shall make regular monthly reports to the Council, such
reports coming up to and including the fifteenth day of each
month, in which he shall set forth the name and description
of each craft or vessel from which he has collected wharfage,
and the amount so collected from each of said craft, and date of
the same. The Council shall compare his report with that of
the report of the Register of Boats.
CHAPTER n.
ANIMALS. HORSES, SWINE AND CATTLE.
An Ordinance in relation to animals running at large.
I
1. Horses, swine and cattle, except milch
cows, not permitted to run at large.
2. Marshal to take up and impound.
3. Marshal to sell animals taken up by
him. Must notif}- owner, if known to him, and
a resident of the city. Must advertise sale.
4. Must release animals taken up to
owners, if claimed before sale, and charges
paid. If animals sold, excess of charges to
be paid to Treasurer. Duty of Treasurer.
.5. Fees of Marshal.
Be it ordained by the City Council of the City of Muscatine :
Section i. That all horses, jacks, mules, swine, and cattle
(except milch cows) running at large in the City of Musca-
tine, are hereby declared nuisances.
Sec. 2. It shall be the duty of the Marshal to take up and
impound in some safe enclosure, any of the animals, above
specified, so found running at large.
Sec. 3. When any of the animals aforesaid are thus taken
up by the Marshal, he shall sell the same at public auction to the
highest bidder for cash, after giving three days' notice of time
and place. Such notice shall give the number and kind of ani-
mals so taken up and advertised for sale, and any brands thereon
that can be easily seen, and shall require the owner to claim and
prove property before the hour fixed for the sale. Such notice
44 ORDINANCES.
shall be by advertisement in some newspaper printed in the city.
If the Marshal shall, at the time of taking up any of said ani-
mals, know to whom they belong, and such owner resides in
the city, the Marshal shall immediately notify such owner
that such animal has been taken up and impounded, and shall
surrender the same on payment of charges and costs.
Sec. 4. If such animal or animals are claimed on before the
hour fixed for sale, the Marshal shall release the same on pay-
ment of all costs and charges then due, but if the same are
not so released they shall be sold in accordance with said no-
tice, and the money arising from said sale, after the expense
of taking up, keeping, advertising and selling the same, are
deducted, shall be paid to the City Treasurer, to be held by
him for the use of the owners of the respective animals, so
sold, and to be paid over by him upon satisfactory proof of
such ownership. If, however, such claim is not made within
six months from the day of sale, the money so held by the
Treasurer, shall be paid into the city treasury, and become
the property of the city.
Sec. 5. The Marshal shall be entitled to charge fifty cents for
each of the above named animals taken up and impounded by
him, and ten cents a day for each hog or pig, and twenty-five
cents a day for each horse, mule, jack, or animal of the cow
kind, for each day the same shall remain in his charge. He
shall also be entitled to charge ten cents for selling each pig
or hog under the authority of this ordinance, and twenty-five
cents each for any of the other animals.
CHAPTER III.
CITY ASSESSOR.
An Ordinance in relation to the office of City Assessor.
1. City Assessor to be elected at the regu- ! 4. Must return names of all persons sub-
lar annual election of city officers. | ject to poll tax.
2. Must qualify before entering upon j 5. To deliver all papers to his successor in
duties of his office. j office.
3. When assessment must be returned to j 6. Compensation.
the Council. What it shall exhibit. I 7. Vacancy. How filled.
Be it ordained by the City Council of the City of Muscatine :
Section, i. That at the regular annual election of city offi-
cers, on the first Monday of March, there shall be elected an
Assessor for city purposes, who shall hold his office for the
term of one year.
I
CITY ASSESSOR. 45
Sec. 2. Before entering upon the duties of his office, he
shall take an oath or affirmation to support the Constitution
of the United States and of the State of Iowa, and to discharge
the duties of his office faithfully and impartially, and to the
best of his judgment and ability. He shall also execute~Ti~
bond to the city, in the penal sum of one thousand dollars,
conditioned for the faithful performance of the duties of his
office, which bond shall be submitted to the Council for its
approval.
Sec. 3. It shall be the duty of the City Assessor to make
out and return to the Council, an assessment of the real and
personal property in said city, subject to taxation for county
purposes, on or before the 15th day of June in each year.
His assessment shall exhibit a list of all such property, with
the value thereof, and the names of the persons or bodies as-
sessed therewith. He shall also perform such other duties as
the Council may, by order or resolution from time to time re-
quire of him.
Sec. 4. It shall be the duty of every person in the city,
subject to taxation, to assist the Assessor in making out a list
of his property, or of any property of which he has the cus-
tody and control, which is subject to city taxation, and if any
person shall refuse to assist in such listing, or to make the
oath required in the next section, the Assessor shall assess
such persons according to the best information he can get.
Sec. 5. It shall be the duty of the Assessor to administer
an oath or affirmation to each person assessed, to the effect
that he has given in a full, true and correct inventory of all
the taxable property owned by him, or which is in his cus-
tody or under his control, to the best of his knowledge and
belief, and should it afterwards appear that any person mak-
ing such oath has not given a full list of his property subject
to taxation, or of that which by law it was his duty to list,
any property so omitted, shall be entered on the book at
double its ordinary assessible value.
Sec. 6. In making out the annual assessment for taxation,
it shall be the duty of the Assessor to return therewith, the
names of all persons liable to do work on the streets, desig-
nating the same in a proper column opposite such names by
the word '* poll."
Seq. 7. It shall be the duty of the Assessor to deliver over
to his successor all property of the city which may come into
his hands by virtue of his office.
Sec. 8. As a compensation for his services in making out
the assessment and any other duties imposed upon him by the
city, the Assessor shall be paid an annual salary of three
hundred and fifty dollars.
46 ORDINANCES.
Sec. 9. When from any cause a vacancy arises in the office
of City Assessor, the Council shall fill such vacancy, and the
person so selected shall hold until the next annual election
for city officers.
CHAPTER IV.
CITY ATTORNEY.
An Ordinance relating to the office of City Attorney, and
defining- his duties.
1. OflBce of City Attorney created. 1 5. Is legal adviser of the city. Shall pre-
2. When, how, and for what time ap- j pare drafts of ordinances, contracts, etc., for
pointed. the city.
3. Must take and subscribe oath. 6. Compensation.
4. Must prosecute and defend suits for or
against the city.
Be it 07^dai)ied by the City Council of the City of Muscatine :
Section, i. That there be, and there is, hereby created the
office of City Attorney.
Sec. 2. That at the first regular session of the City Coun-
cil in the month of June in each year, there shall be appoint-
ed by the Council a City Attorney, who shall hold his office
for the period of one year and until his successor is appointed
and qualified, unless sooner removed by the Council ; and in
case of vacancy in such office by death or any other cause,
the Council shall fill the vacancy.
Sec. 3. The City Attorney shall before entering upon
the duties of his office, take and subscribe an oath before
the Mayor of the city, faithfully and impartially to discharge the
duties of said office.
Sec. 4. The City Attorney when requested so to do by the
City Council or the Mayor of the city, shall appear for
the city and prosecute and defend all suits and proceedings,
civil and criminal, in which the city may be a party or be in-
terested. He shall prosecute and defend for the city all
causes which may be appealed or taken by writ of error to the
District or Supreme Courts of the State, in which the city
may be a party or be interested.
• Sec. 5. The City Attorney shall be the legal adviser of the
city, and shall when required by the City Council, give his
opinion in writing upon all questions of law, arising under the
Charter or ordinances of the city. He shall also prepare
proper drafts for contracts, forms, ordinances and other writ-
ir
CITY ENGINEER.
47
ing which may be required for the use of the city, and perform
such other duties as appertain to the office of City Attorney.
Sec. 6. The City Attorney shall receive as compensation
for his services, the sum of three hundred dollars per an-
num payable in equal quarterly installments out of the city
treasury.
CHAPTER V.
CITY ENGINEER.
An Ordinance creating the office of City Engineer and de-
fining his duties.
1. Office of City Engineer created.
2. When, how and for what term elected.
3. Must take official oath.
4. Must preserve maps, plats, surveys and
other papers, appertaining to his office.
5. When required by Council, must fur-
nish estimates, plans, specificati(.ns, etc.
6. Must furnish grade of street, give cor-
ners of lots, etc.. when applied to by any lot
owner.
7. Duties with regard to instruments,
books, maps, etc., belonging to the city.
8. Charges for doing work lor citizens.
9. Shall appoint his own rodman. Coun-
cil to lix his own and rodman's compensa-
tion.
10. City not responsible for anything done
by the City Engineer in the employment of
a private citizen.
Be it ordained by the City Council of the City of Muscatine :
Section i. That there is hereby created the office of City
Engineer.
Sec. 2. The City Engineer shall be elected by the City
Council and hold his office for one year and until his succes-
sor is elected and qualified, unless sooner removed by the
Council. The year to commence the first Monday of April
annually, and if the office of City Engineer becomes vacant
by removal, death, resignation or otherwise, it shall be the
duty of the City Council to fill the vacancy by appointment.
Sec. 3. He shall before entering upon the duties of his
office, take an oath or affirmation that he will faithfully and
impartially perform the duties of City Engineer according to
law, and that he will promote the true interests of the city
generally.
Sec. 4. He shall preserve in his office all maps, plats, and
surveys of the city, with all records, books, papers and other
things relating to his office.
Sec. 5. He shall when required by the Council, make all
surveys, together with all estimates, plans, specifications, etc.,
48 ORDINANCES.
necessary to enable the Council to ascertain what work will
cost when completed, and to perform such other duties con-
nected with his ofifice as the Council may require.
Sec. 6. He shall, when applied to by any lot owner or other
person, for the purpose of grading or building, give such ap-
plicant the grade of the street, by his paying him the sum of
one dollar and fifty cents for such service. He shall when
applied to by any lot owner, give the corners, metes and
bounds, and bearings of their lots as ascertained by actual
survey, commencing at some known corner or monument of
the original plat of the city; and for such services, the appli-
cant shall pay the City Engineer two dollars.
Sec. 7. He shall have charge of all instruments, books,
maps, plats, etc., etc., belonging to the city and pertaining to
his office, -and shall receipt to the Mayor for the same, and at
the close of his term of office, shall deliver them to the Mayor
with the addition of maps, plats, field notes, bench marks, etc.,
made by him during his continuance in ofifice.
Sec. 8. He may do other work in his line for citizens within
the limits of the city, not contemplated by this ordinance,
and in the absence of a contract as to the price, shall not be
allowed to charge more than five dollars per day.
Sec. 9. He shall appoint his own rodman, and for his own
services and those of his rodman, he shall receive such com-
pensation as the Council shall see proper to allow.
Sec. 10. In no case shall the city be bound by, or respon-
sible for, any act done or for any work performed by the City
Engineer, at the instance or under the employment of a
private individual.
CHAPTER VI.
CEMETERY AND SEXTON.
An Ordinance relating to the Cemetery and Sexton.
1. Sexton to be appointed by the Council
for one year.
2. Sexton to dig grave when required;
depth of grave; his duty when graves
settle.
.3. Charges for digging grave.
4. No grave to be dug in the cemetery ex-
cept by permission of the Sexton. Excep-
tion. Penalty.
5. Sexton to keep register ot burials;
what it must contain. Report, to Council.
6. Sexton to take care of cemetery and
protect it.
7. Conditions in regard to burial in public
burying ground.
8. Sexton to report to Council quarterly.
9. Price of lots. Deeds therefor. How
to be executed.
Be it ordained by the City Council of the City of Muscatine :
Section i. That the ofifice of Sexton is hereby created ;
which ofificer shall be appointed by the Council for the term
CEMETERY. 49
of one year, and until his successor is appointed, unless
sooner removed by the Council.
Sec. 2. It is the duty of the Sexton, when called upon to
dig a grave, to comply promptly with such request. He shall
dig graves six feet, at least, in depth, and attend to filirng~
them up properly after the coffin is deposited therein ; and if,
from any cause a grave becomes settled, it is his duty to fill
up the same, and make it in a proper form and decent
condition.
Sec. 3. The Sexton is entitled to charge and receive two
dollars for digging the grave of a person of ten years old and
under, and three dollars for the grave of a person over ten
years of age.
Sec. 4. No person shall dig a grave in the cemetery with-
out the permission of the Sexton, or in case of his absence or
disability, of the Mayor ; and if any person violate the pro-
visions of this section, he shall forfeit to the city any sum not
exceeding ten dollars.
Sec. 5. The Sexton shall keep a register of all burials, con-
taining the name and age of the individuals, and the dates
and causes of death, if known, and report the same to the
Council annually.
Sec. 6. The Sexton has the care of the cemetery, and shall
keep it in order and in good repair. It shall be his duty to
keep a good lock upon the gate, and to keep the gate locked,
except during the time of a funeral ; to keep posts set along
the streets and around the circle, so as to prevent horses* and
carriages being driven out of said street and circle, and to
keep the stakes marking the lots, standing, and in order.
Sec. 7. The Sexton shall permit no person to be buried in
that part of the cemetery known as the pubUc burying
ground, who "had not been a resident of the city for six
months preceding his or her decease, except upon the pay-
ment of one dollar, for the use of the city, or upon the writ-
ten permission of the Mayor ; nor shall he be compelled to
admit such person to burial until payment for his services in
^'gg^'^g the grave, unless authorized so to do by the Mayor;
in which case he shall charge the city his fees for digging
such grave.
Sec. 8. The Sexton shall report quarterly to the Council
the number of persons of the description mentioned in the
preceding section, admitted to burial within the preceding
quarter, and pay over, as the Council may direct, all money
arising from such burials, for the use of the city.
50
ORDINANCES.
Sec. 9. The lots in the cemetery may be purchased by in-
dividuals, at the rate of five dollars for each lot. Deeds for
such lots shall be executed by the Mayor, and sealed with the
seal of the city.
All deeds heretofore made for lots in the cemetery, under
the authority of the city, are hereby confirmed, notwith-
standing any informalities therein.
CHAPTER VII.
DOGS.
An Ordinance in relation to Dogs.
1. Keepers of dogs running at large must
have same registered. Must pay tax of two
dollars for each dog, and five dollars for
each bitch, and have collar on neck of ani-
mal with name or initials of owner thereon.
2. Tax to be paid to the Marshal.
3. Dog running at large without collar, or
without payment of tax, consequence.
4. Recorder to keep register for dogs; fee
for registering; duties and compensation of
Marshal.
.5. When Mayor may issue proclamation
forbidding dogs to run at large. Fate of dogs
disobeying proclamation.
6. Penalty for keeping vicious dogs.
Be it ordained by the City Council of the City of Muscatine :
Section i. No person shall be entitled to keep a dog or
bitch, and suffer the same to run at large in the city unless he
conform to the following provisions : The owner shall cause
his own name to be registered therefor by the Recorder, to-
gether with the name and description of the dog or bitch, and
shall pay an annual tax of two dollars for each dog, and ot
five dollars for each bitch, and shall keep upon the neck of the
dog or bitch, a collar of leather, tin or other durable ma-
terial, with the name or initials of the owner, and the number
of his registry, distinctly engraved or marked thereon.
Sec. 2. The owner of such dog, or bitch, may pay the
above tax to the Marshal, and take his receipt therefor.
Sec. 3. Any dog or bitch found at large without such col-
lar, and any registered dog, on which the owner has not paid
his tax, on demand of the Marshal, or within the year with-
out demand, shall be seized by the Marshal, and sold at pub-
lic sale, on written notice of twenty-four hours, posted in one
or more places in the ward in which the owner lives, if he be
known to the Marshal. But any registered dog or bitch, on
which the owner has neglected to pay his tax, or which is
found without his collar, may be redeemed before actual sale,
by the owner paying fifty cents to the Marshal, together with
any tax that may be due.
ELECTIONS.
5t
Sec. 4. The Recorder shall keep a separate book for regis-
tering dogs, and may demand and receive from the owner
twenty-five cents for each dog registered. The Marshal shall
be entitled to seventy-five cents for each dog or bitch, seized
and sold, if the sale produce so much, and if not, then ft^.y-
cents ; the balance above the amount produced by the sale to
be paid from the city treasury, and if no bids are offered by
any person, at the time of such sale, the Marshal shall make
bid in the name of the city, and shall proceed to slay or cause
to be slain, every such dog or bitch, and remove the same
from the limits of the city.
Sec. 5. The Mayor shall have authority, upon a reasonable
apprehension of danger from mad or rabid dogs, to issue a
proclamation forbidding dogs of every description from going
at large within the city limits, except the same be securely
muzzled ; and after such proclamation shall have been issued
a reasonable time, if any dog or bitch shall be found running
at large in the city, unless so muzzled, the same may be law-
fully slain by any police officer, and the owner or keeper
thereof shall forfeit and pay to the city a sum not exceeding
twenty dollars.
Sec. 6. Any person or persons keeping a dog or bitch no-
toriously vicious and dangerous, shall be fined in any sum not
exceeding fifty dollars, to be collected and enforced as any
other city penalties.
CHAPTER VIII.
ELECTIONS.
An Ordinance in regard to City Elections.
1. Polls to be opened in each ward for the
election of certain officers to be elected an-
nually, on the first Monday of March. Polls
to be opened and closed. When.
2. Police Judge to be elected. When.
.3. Polling places, and Judges and Clerks of
the election, to be selected twelve days be-
fore election. Judges and Clerks must be
voters.
4. Judges and Clerks failing to attend;
places of, how supplied.
5. Mayor to issue proclamation ten days
before election. Requisites of proclamation,
and how published.
6. Elections. How conducted.
7. Duties of Judges of Election, and of
Council, and of Recorder in regard to can-
vass of votes, and result of election.
8. Who declared elected.
9. Terms of office.
10. Oath to be taken.
11. Who required to give bond.
12. Bonds to be filed. With whom.
13. Failure to qualify before next regular
meeting of Council after election, office de-
clared vacant. Office, how filled.
H. Vacancies in election. Office, how
filled.
15. Provision when new ward is created.
Be it ordained by the City Council of the City of Muscatine :
Section i. That on the first Monday of March in each
52 ORDINANCES.
year, a poll shall be opened in each ward of the city for the
election of a Mayor, Treasurer, Assessor and Wharf Master,
to be voted for by the electors of the city, and for the elec-
tion of one Alderman from each ward, to be voted for only
by the electors of such w^ard. Should there be a vacancy in
the office of Alderman in any ward occasioned by the death,
resignation, removal, or otherwise of the person elected to
such office at the previous election, it shall be the duty of the
electors of such ward, at such annual election, to elect some
qualified person to serve as Alderman for the residue of the
term. The polls shall be opened at 9 o'clock A. M., for the recep-
tion of ballots, and remain open until 4 o'clock in the afternoon.
Sec. 2. In addition to the officers named in the foregoing
section, there shall be elected by the voters of said city at the
city election in each even year, a Police Judge. Should there
be a vacancy in the office of the Police Judge, from any cause,
at the time of the annual city election, the electors of the city
shall elect some qualified person to serve as Police Judge for
the remainder of the term.
Sec. 3. The Council shall, at least twelve days before the
said election, select a suitable polling place in each ward, and
appoint three persons in each ward to act as judges of the
election, and two persons in each ward to act as clerks of
the election. The persons appointed to act as judges and
clerks of the election shall be voters of the ward in which
they are to act.
Sec. 4. If any judge of election or clerk, appointed under
the preceding section, shall fail to attend at the time fixed
herein for opening the polls, the judge or judges attending
may supply his place from the electors present ; and if no
judge or clerk shall attend, then the electors present may ap-
point the judges of election, and the judges thus appointed
shall select the clerks.
Sec. 5. It shall be the duty of the Mayor to issue his pro-
clamation at least ten days before the election, naming therein
the time of the election, and the polling places in the differ-
ent wards, and the officers to be chosen at such election.
Notice of such proclamation may be given by posting a copy
thereof in each ward for the space of ten days before the
election, or by the publication in some newspaper printed in the
city for the same length of time.
Sec. 6. Such election shall be conducted in the same man-
ner that elections for State and county officers are conducted.
Sec. 7. The judges of the election, in each ward, after hav-
ing canvassed the votes given at any city election, in their re-
spective wards, shall make returns thereof to the City Coun-
I
ELECTIONS. 53
cil within two days after such election ; the Council shall, on
the third day after such election, open such returns, and shall
ascertain the candidates elected, and shall cause an abstract
of the votes cast to be made out and recorded in a book kept
for that purpose. It shall be the duty of the Recorder 4x).
make out certificates of election to each of the candidates
elected, and cause the same to be delivered to them, or left
at their residence or place of business.
Sec. 8. The person receiving the highest number of votes
cast for the officer voted for shall be declared elected.
Sec. 9. The officers so elected shall hold their offices for the
term of one year, and until their successors are chosen and
qualified, except Aldermen elected for the full term, and the
Police Judge, who shall each hold for two years, and until
their successors are elected and qualified.
Sec. 10. Each of said officers shall take an oath to support
the Constitution of the United States, and of the State of
Iowa, and that he will faithfully and impartially, and to the
best of his ability and judgment, discharge the duties of
the office (naming it) as required by the laws of the City
of Muscatine.
Sec. II. The Wharf Master, Assessor, Police Judge and
Treasurer, shall each be required to give bond in such sum as
may be fixed by ordinance, or may be designated by the
Council.
Sec. 12. Said bonds when duly executed and approved by
the Council, shall be filed with the Recorder. If the Recorder
should be elected to any of the offices aforesaid, requiring
a bond, then the bond for that particular office shall be filed
with the Mayor.
Sec. 13. If any officer elected under this ordinance shall
fail to qualify as aforesaid, on or before the next regular meet-
ing of the Council after his election, the office shall thereby
become vacant, and the election, so far as it relates to that
officer, shall be of no effect, and the office shall be filled as
though the vacancy had occurred by voluntary resignation.
Sec. 14. Any vacancy which may occur in any of the offices
named in this ordinance, shall be tempr)rarily filled by the Coun-
cil as speedily as practicable, and the person selected by the
Council to fill such vacancy, shall hold until the next annual
election, and until a successor is chosen and qualified.
Sec. 15. In case of a new ward being created by the Coun-
cil, the electors of such new ward, shall, at the first annual
city election thereafter, elect two Aldermen from such ward,
one of whom shall serve for two years, and the other for one
year, the term of service to be determined by lot.
54
ORDINANCES.
CHAPTER IX.
ELECTION CONTESTS.
An Ordinance for the determination of Tie Votes and Con-
tested Elections.
1. Mayor to call special meetings of Coun-
cil to determine to whom office shall be
given in case of tie.
2. Recorder to notify persons having such
tie votes to appear at such special meeting.
3. How and by whom lot to be arranged.
4. Person intending to contest election,
must do, what.
5. Cause of contest. What required when
ground of contest is the receiving of illegal,
or the rejection of legal votes.
6. Who may contest election.
7. Contestor to file bond; conditions of
bond.
8. Recorder shall cause notice of contest
to be served on the person declared elected.
Incumbent to answer in five days.
9. How the court for the trial of contested
elections shall be constituted.
10. Time for trial to be fixed by Mayor, or
other presiding officer, and notice given to
parties.
11. Judges to be appointed by the presid-
ing officer, when.
13. Provisions of Code to be observed as
far as practicable. Trial may be held in
City Hall.
Be it ordained by the City Council of the City of Muscatine :
Section i. That whenever it shall appear from the returns
of any municipal election, that two or more persons have re-
ceived an equal, and the highest number of votes for Mayor,
Alderman, or any elective municipal office, it shall be the duty
of the Mayor, or acting Mayor, to call a special meeting of
the Council for the purpose of determining, in the manner
hereinafter prescribed, to whom the office shall be given.
Sec. 2. In all cases where there may be such tie vote the
Recorder shall notify the Mayor of such tie vote, and shall
issue a notice to the persons receiving such equal votes, and
require them to appear at the special meeting of the Council,
called by the Mayor for the purpose of determining by lot
which of them is to serve.
Sec. 3. The lot shall be arranged by the Mayor, in the pres-
ence of the Council, and of the parties, if present. If the
Mayor be one of the persons between whom such tie vote is
to be determined, the Council shall appoint an acting Mayor,
who shall arrange the lot. If any of the parties fail to ap-
pear, or to take part in the lot, the Mayor, or acting Mayor,
as the case may be, shall draw for him, and the proceedings
and the results, shall be entered on the journal by the
Recorder.
Sec. 4. When any citizen intends to contest the election
of any person, to any elective office, to which he has been de-
clared elected, or to contest the right of such person to hold
the same, he shall, within ten days after the votes have been
canvassed by the Council, file with the Recorder a written
ELECTION CONTESTS. 55
statement of his intention to contest the election, the name
of the person whose right to the office is contested, the office
contested, the time of the election, and the particular causes
of contest, which statement shall be verified by the affidavit
of the contestant, that the causes set forth are true as lie*
verily believes.
Sec. 5. The causes of contest may be the same as those des-
ignated in section 692, of the Code, for contesting elec-
tions of county officers. When the ground of the contest is that
illegal votes were received, or legal votes were rejected, or
both, the statement above required must set forth the names
of the persons illegally voting, or the names of the persons
whose votes were rejected, or both, if the ground of contest
embrace both, with the ward or wards in which such votes
were received or rejected. The statement must further show
that the result of the election, with respect to the office, the
right to which is the subject of the contest, would have been
different had such illegal votes not been received, or such
legal votes not been rejected, or for both the receiving of
illegal and the rejection of legal votes.
Sec. 6. When the contest is in regard to the election of
Mayor, or other officer elected by the general vote of the
city, such election may be contested by any elector of
the city, but where it is in regard to the election of Alder-
man, or other officer, elected by a ward, such election can
only be contested by an elector of that particular ward.
Sec. 7. In all cases where an election is contested, the
elector contesting the same, shall, at the time of filing the
statement aforesaid, file with the Recorder a bond, in a pen-
alty to be fixed by the Recorder, but which shall not exceed
two hundred dollars, with sureties to be approved by the Re-
corder, conditioned for the payment of all costs, in case the
election be confirmed, or the statement be dismissed, or the
prosecution fails.
Sec. 8. Immediately after the filing of the statement, and
the approval of the bond, as herein provided, the Recorder
shall make out a copy of such statement, and cause the same
to be served on the party whose election is contested, with-
out delay, and who shall answer the same in five days after
such service.
Sec. 9. The court for the trial of contested city elections
shall be the Mayor of the city, who shall be the presiding
officer, and two other electors of the city, having the qualifi-
cations of jurors, to be severally nominated by the parties to
the contest, in writing, on or before the day of trial. The Re-
corder shall act as clerk of this court, and keep all papers.
56 ORDINANCES.
and record all proceedin^^^s in the election book, in manner
similar to the record of proceedings of the District Court. If
the Mayor should be a party to the contest, or be otherwise
disqualified, the Council shall elect some other proper person
to preside at such trial, and if the person filling the office of
Recorder should be a party to such contest, the Council shall
select some other persoi] to act as clerk at such trial.
Sec. io. The Mayor, or other person appointed to preside
at such trial, shall fix a day for the trial, and cause notice
thereof to be served on the parties. The day fixed for the
trial shall not be more than twenty days from the filing with
the Recorder of the statement and bond aforesaid, nor less
than fifteen days, and each party shall have at least five days'
notice of the day fixed for trial.
Sec. II. If either of the parties fail to nominate judges to
sit, in conjunction with the Mayor, or other person selected
to preside, the presiding officer shall appoint for him, and if
either of the judges, so nominated, shall fail to appear at the
time fixed for the trial, his place may be filled by another ap-
pointment under the same rule. The judges shall be sworn
to well and truly try, and a true decision to render according
to the evidence submitted to them, without fear, favor or par-
tiality, according to their best knowledge and judgment.
Sec. 12. All the provisions of Chapter 6, in Title 5, of the
Code for contesting the election of county offices so far as the
same are applicable, and not herein changed or modified, shall
apply to and govern in contests in relation to the election of
city officers. Such trial may be held in the City Hall, but in
no case shall the city be liable for any costs arising in or
growing out of said trial.
CHAPTER X.
THE FEERY LANDING.
An Ordinance in relation to the Ferry Landing.
land at the ferry wharf. Any landing made
contrary to the provisions of this ordinance,
to be punished by a fine of not less than ten
nor more than one hundred dollars.
1. Describing and designating the water
front set apart for the landing of Ferry
Boats belonging to the Muscatine Ferry
Company.
2. No steamboat or other craft allowed to
Be it ordained by the City Comtcil . of the City of Muscatine :
Section i. That so much of the landing on the Missis-
sippi river, or river front of the City of Muscatine, as lies op-
posite the foot of Iowa avenue, and lots four (4) and five (5)
in block eleven (11) in said city, be, and the same is hereby
set apart specially and exclusively for the landing place of
FIRE DEPARTMENT.
57
the ferry boat or ferry boats of the Muscatine Ferry Com-
pany, its successors and assigns, plying between said city and
the Illinois shore of said river, and for the location and main-
tenance of such dock, wharf-boat, floating bridge or other
structure as may be necessary and proper for the safe, speedy^
and commodious transaction of the business of said Ferry
Company. And the said landing place above defined and de-
scribed, shall be known and designated as the "ferry landing."
Sec. 2. No steamboat, barge, raft or craft of any kind, other
than the aforesaid ferry boats, dock, wharf-boats, floating
bridges, and structures of the said Ferry Company, shall be
permitted to land, be, or remain at the said ferry landing, and
any person or persons who shall land, or cause to land, or
cause to be and remain at the said ferry landing, any steam-
boat, barge, raft, or other craft, contrary to the provisions of
this ordinance, shall be subject and liable to a penalty of not
less than ten nor more than one hundred dollars — such pen-
alty to be recovered of the party so offending, upon complaint
before the proper tribunal.
I
CHAPTER XI.
FIRE DEPARTMENT.
An Ordinance in relation to the Formation and Govern-
ment of the Fire Department.
1. What Fire Department shall consist of.
2. What each Company shall consist of.
To be accepted by the Council.
3. Members of each Company may elect
their own officers, and adopt constitution
subject to the ordinances of the city and
approval of the Council.
4. Duty of firemen. Engines or appara-
tus not to be removed from a fire except by
order of Chief Engineer.
5. Nomination ot Chief Engineer to be
made by the firemen. How appointed.
6. Chief Engineer to have absolute con-
trol at a fire. Duty of Chief Engineer.
7. When vacancy in office of Chief Engi-
neer shall occur, who to have charge in his
absence.
8. When repairs are required.
9. Chief Engineer to report to City Coun-
cil any subordinate unfit tor duty.
10. Foremen or others refusing to comply
with orders, to be dismissed.
11. Foremen of Companies to report,
when and to whom. Firemen to be exempt
from poll tax.
12. Apparatus not to be removed from
house unless. Penalty for violation.
13. Apparatus not to be taken on side-
walk, unless. Penalty for violation.
14. Apparatus to be kept, when and how.
15. Not allowed to go beyond city, except.
16. Fire Companies not allowed to organ-
ize except under the provisions of this ordi-
nance.
17. Companies have power to commence a
civil action. How commenced, etc.
18. Any person ceasing to be a member.
When action may be brought.
19. Penalty for driving across any hose
while in use.
20. Firemen to be subject to the orders of
Chief Engineer and his assistants.
21. Companies to receive an annual
stipend.
Be it ordained by the City Council of the City of Muscatine :
Section i. The fire department of the City of Muscatine
8
58 ORDINANCES.
shall consist of a Chief Engineer and Assistant Engineer,
and such fire wardens as may from time to time be appointed
by the City Council, one Hose Company in each ward, one
Hook and Ladder Company, and such other fire companies as
the Council may hereafter authorize and accept.
Sec. 2. Each Hose Company and Hook and Ladder Com-
pany, shall consist of a foreman, assistant foreman, and no
less than twenty men. Whenever a^ company so organized
shall be accepted by the City Council, such company shall
constitute and form a part of the Fire Department, subject to
the requirements and entitled to the privileges of this or-
dinance.
Sec. 3. The members of each company may elect their
own foreman and assistant foreman ; adopt such constitution
and by-laws for their government as they may deem best to pro-
mote the objects of their organization, subject to the ordi-
nances of the city and the approval of the Council.
Sec. 4. It shall be the duty of the firemen, as often as any
fire shall break out in the city, to repair immediately upon
the alarm to their respective hose carts, and hooks and lad-
ders, and convey them to or near the place where such fire
shall happen, unless otherwise directed by the Chief, or other
engineer, and there, in conformity with the directions given
by the Chief, or other engineer, to work and manage said ap-
paratus or implement with all their skill and power ; and when
the fire is extinguished they shall not remove them there-
from, but by the direction of engineer, and on such direction,
they shall retdtn their respective hose carts, hooks and ladders,
and other apparatus, to their several places of deposit.
Sec. 5. The nomination of the Chief Engineer and Assis-
tant Engineer shall be made by the firemen by ballot, on the
first Saturday of June, in each year, and the persons receiving
the greatest number of votes for the respective offices, shall
thereupon be entitled to a nomination to the City Council for
the appointment to such offices ; such appointment to con-
tinue for one year, or until the successors to each office shall
be nominated, and by the City Council duly confirmed. Public
notice of the time and place of the first nomination shall be
given to the Fire Department by the Mayor, and all subse-
quent nominations by the Chief Engineer through one or
more newspapers published in the City of Muscatine. When-
ever a vacancy shall occur in either of the offices of Chief En-
gineer, or Assistant Engineer, the foremen of the fire com-
panies collectively, shall have power, and it shall be their
their duty to call a special election, and designate the time
and place for holding the same, to the end that a nomi-
I
IRE DEPARTMEN'
nation pursuant to the provisions of this ordinance may be
made to the City Council to supply such vacancy.
Sec. 6. The Chief Engineer shall, in all cases of fire, have the
sole and absolute command and control over all the engineers
and other persons connected with the Fire Department. It sh^ll-
be the duty of the Chief Engineer to examine twice in each year
into the number and condition of all hose carria-ges, hose and
other apparatus connected therewith, and all buildings used
by the fire department, and report the same to the City Coun-
cil, once in each year, and oftener, if required by the
Council. He shall also report a list of the members of
the Fire Department, and the respective associations to which
they belong.
Sec. 7. Whenever any vacancy shall occur in the office of
Chief Engineer, it shall be the duty of the Assistant Engi-
neer to perform the duties of the office, until the vacancy is
filled. The Assistant Engineer shall exercise the duties of the
Chief Engineer in his absence, and in general have control
of the Fire Department subordinate to him.
Sec. 8. Whenever any repairs are required to keep the fire
engines and apparatus in good order, the Chief Engineer shall
forthwith report the same to the City Council or Mayor.
Sec. 9. The Chief Engineer shall report to the City Coun-
cil the name of any member of the Fire Department who is
reported to him by the foreman of the company of which he
is a member, to be inefficient, unfaithful, intemperate or
otherwise unfit for duty, and the City Council may remove
such person at pleasure.
Sec. 10. If any Assistant Engineer, foreman, or other fire-
man, having charge of any fire or hose company, disobeys or
refuses to obey any order or direction of the Chief Engin-
neer, he may for such offence be expelled from the Fire De-
partment.
Sec. II. The foreman of each fire company shall, on the
first Monday in July in each year, make out a report to the
Chief Engineer, of the number, residence and occupation of
all the members of his company, and also all misconduct of
any member of his company. Each member of the Fire De-
partment of this city shall be exempt from the payment of
any city poll tax assessment.
Sec. 12. No hook and ladder, or hose cart, or other appa-
ratus, during any fire in the city, or any other place, or report
of fire at any time, under any pretence whatever, shall be
taken or removed out of its house, unless the foreman,
assistant foreman, or one of the engineers, or at least two of
the firemen of the Company to which the same belongs, are
6o ORDINANCES.
present, and consent thereto, under a penalty of ten dollars
for every such offence, to be forfeited and paid by and received
from any and every person aiding or assisting in such act.
Sec. 13. No fire engine, nor hook and ladder, nor hose cart,
shall, in going or returning from fires, or at any other time be
run, driven, wheeled, or placed upon any sidewalk, except by
the special order of the engineer, foreman, or assistant fore-
man of companies, under a penalty of twenty dollars for each
offence, to be forfeited and paid by the persons so doing or
assisting in such act.
Sec. 14. The hose carts and other apparatus shall be kept
in such places as the City Council may provide and designate,
and it shall be the duty of the several companies to keep
the same always in order and ready for immediate use.
Sec. 15. No company shall be permitted to go with their
engines or other fire apparatus, beyond the limits of the city,
except to attend fires in neighboring towns, without the con-
sent of the Council.
Sec. 16. There shall be no fire company in the city, or
any association of firemen, who are not organized under this
ordinance and subject to its provisions.
Sec. 17. Each fire company shall have power to com-
mence a civil action before the Police Judge, or any compe-
tent court, against any member of the fire company who
fails or refuses to pay the dues, fines and penalties, accruing
from him to the Company of which he is a member, under the
constitution and by-laws of the company. Said action may
be in the name of the foreman, for the benefit of the company.
Sec. 18. Any person ceasing to be a member of any fire
company, shall at once deliver to the foreman of the com-
pany, to which he had previously belonged, any and all
uniforms, or other property furnished to him, either by the
city or by the company, and upon failure to deliver the same,
suit may be commenced against him, either for the recovery
of the specific property or its value, in the name of the fore-
man. The provisions of this section shall be applicable to
to any Hook and Ladder Company.
Sec. 19. If any person shall, knowingly or wilfully drive
any wagon, cart, carriage, or other vehicle, over, upon, or
across any hose while in use by the Fire Department, such
person or persons so offending shall, for each and every of-
fence, forfeit and pay a penalty of ten dollars.
Sec. 20. In all matters connected with the extinguishment
of fires, or the protection of property, every person, not a fire-
man, who shall be present at a fire in said city, shall be sub-
FIRE LIMITS. 6l
ject to the orders of the Chief Engineer and his assistants,
the Fire Wardens, the Mayor, Marshal, and other members of
the poHce, and in case such person or persons shall refuse to
obey such orders, they shall forfeit and pay the sum of five
dollars. — -
Sec. 21. Each Hose Company shall receive from the city an
annual stipend of fifty dollars, which shall be used by said
company as a fund for defraying the expense of cleaning and
drying hose, and each Hook and Ladder Company shall re-
ceive from the city an annual stipend of fifty dollars, which
shall be used by said Company as a fund for defraying the ex-
pense of cleaning their wagon and apparatus.
CHAPTER Xn.
FIKE. FIRE LIMITS.
An Ordinance defining the Fire Limits of the City, and in
relation to wooden buildings therein, lumber yards, the
keeping of hay and straw, and of gunpowder, and other
explosive substances.
1. Fire limits defined.
2. Prohibitions in fire limits.
3. Penalties.
4. Lumber yards.
5. Gunpowder or other explosive sub-
stance.
6. Penalty.
Be it ordained by the City Council of the City of Muscatine :
Section i. That the following blocks in the City of Mus-
catine, shall be known as the fire limits, viz. : Blocks, 9, 10,
IT, 12, 13, 14, 15, 16, 29, 30, 31, 32, 33, 34. 35 and 36. Also the
levee, and all grounds between the said blocks.9, 10, ii, 12, 13,
14, 15, 16, and the Mississippi river.
Sec. 2. That no wooden building shall hereafter be erected
within the fire limits aforesaid, nor enlarged in length, breadth
or height, nor shall any wooden building be removed from one
lot on to another, within such limits, and no wooden build-
ing shall be brought from without to within such limits ; nor
shall any hay or straw be kept within such limits except in an
enclosed building. Any building constructed of wood, with
an outside sheeting of iron, tin or other metalic substance,
shall be regarded as a wooden building, and within the prohi-
bition of this ordinance.
Sec. 3. That any person erecting, enlarging or removing
any building in violation of the provisions of this ordinance,
shall be deemed guilty of a misdemeanor, and may be fined
62 ORDINANCES.
any sum not exceeding one hundred dollars and costs. Each
day such building is suffered to remain after notice by the
Marshal, to remove the same, will be regarded as a new and
distinct offence, subject to the same penalty. No judgments
for a fine imposed for the erection, enlargement, or removal
of any building of the kind prohibited in such fire limits, or
for a failure to remove the same after notice so to do, shall, so
long as such building remain therein, be regarded or consid-
ered a bar to any subsequent proceeding. In addition thereto,
any building so erected, enlarged, or removed, is hereby de-
clared a nuisance, and may be abated by the City Marshal, under
the direction of the City Council, at the expense of the owner, if
the owner fail to remove it, after notice to remove the same
has been duly served on him.
Sec. 4. No person shall, either for himself or as the agent
of another, hereafter establish a lumber yard, or deposit lum-
ber kept or held for sale, within the fire limits as herein de-
fined, nor, when any lot or other ground, now used as a lum-
ber yard, or for the deposit of lumber, shall be appropriated
to other uses, or shall cease to be used as a lumber yard, shall
any person thereafter use it for a lumber yard, or for the de-
posit of lumber intended for sale. Any person violating the
provisions of this section shall be subject to a fine not exceed-
ing one hundred dollars, and to a like penalty for each day
such lumber is permitted to remain, after he shall have re-
ceived notice to remove the same.
Sec. 5. No person shall be permitted to keep more than
twenty-five pounds of gunpowder, nitro glycerine, or other
easily explosive substance in any building within the city.
Powder or other explosive substances shall be kept in closed
kegs, or metalic canisters, in some place secure from fire, and
where it can be easily and safely removed in case of fire. Any
person violating the provisions of this section shall be fined
in any sum not more than one hundred dollars. Pi'ovided, how-
ever, that nothing in this ordinance shall be so construed as
to prevent persons keeping powder in small quantities, for
common hunting purposes, from keeping the same as it is or-
dinarily kept in families.
Sec. 6. Any person keeping hay or straw within said limits,
otherwise than in an inclosed building, shall be subject to a
penalty of not more than twenty dollars, and an addi-
tional penalty of not more than twenty dollars for every
day such straw or hay is permitted to remain after due no-
tice to remove or secure the same, has been given.
I
FIRE WARDENS. 63
CHAPTER XIII.
FIRE. FIRE WARDENS.
An Ordinance authorizing the appointment of Fire War-
dens, and prescribing their duties.
1. One Fire Warden to be appointed for ! alty for resisting or refusing to compl}' with
each ward. I orders of Fire Wardens.
2. Duties and powers of Fire W^ardens, in j 3. Duties and powers of Fire Wardens at
the examination of buildings, etc. Pen- 1 fires.
Be it ordained by the City Coimcil of the City of Muscatine :
Section i. That the City Council shall appoint one Fire
Warden for each ward in the city.
Sec. 2. It shall be the duty of the Fire Wardens to protect
the residents of the city against the carelessness or impru-
dence of persons in fixing stoves, pipes, flues, furnaces, or
other things of like nature, pertaining to the use or manage-
ment of fire ; and to that end, each Fire Warden is empowered,
in the discharge of his duty, to enter all houses, manufacto-
ries, and other buildings, in the city, in the day time, on any
day except Sunday, for the purpose of examining any fire
places, hearths, chimneys, stoves or stove pipes, furnaces,
ovens, boilers, kettles, or other apparatus, or fixtures, which
may be dangerous in causing or promoting fires ; and when
any danger shall appear from the condition in which any of
the above mentioned apparatus or fixtures are kept or man-
aged, or constructed, or placed, the Fire Wardens, may
direct, in writing, the owner, agent, or occupant of any
premises, containing any of the dangers aforesaid, to re-
move, alter, or change the same in such manner, as the
Wardens may deem reasonable and proper for security against
fire, and within such time as they may prescribe. Any per-
son who shall resist the entrance of a Fire Warden into any
premises as aforesaid, or who shall refuse to comply with the
directions of such Wardens, shall be deemed guilty of a viola-
tion of the provisions of this ordinance, and, on conviction,
may be fined, in any sum, not exceeding ten dollars.
Sec. 3. It shall be the duty of the Fire Wardens to attend
at all fires w^ithin the city, and to guard and protect the
property of persons, which may become exposed or en-
dangered by reason of fire. They shall keep all idle and sus-
pected persons away from the place of the fire, and from any
goods or other property removed or exposed in consequence
of the fire. The Fire Wardens, so long as their presence is
required at any fire, or for the protection of any property left
exposed by reason of such fire, shall possess all the powers of
special policemen, and all persons are required to comply with
64
ORDINANCES.
any orders or directions they may ^ive for the protection of
goods or other property, of which they have assumed the
charge. They are also empowered to forbid an)' unauthor-
ized person from interfering with hose, or in any manner im-
peding the operations of the firemen.
CHAPTER XIV.
FIRES.
An Ordinance regulating the keeping of Camphene, Ben^
zine. Benzole, Kerosene, Naptha, or other coal oils or in-
flammable fluids.^
building. Owner of building must know it
is so used, and have consent in writing of
property owners, to the distance of hundred
and forty feet.
4. Persons desiring to keep difterently or
in greater quantities, may apply to Council.
Duty of Council.
5. Penalty.
1. Eestrictiona in regard to keeping and
retailing in fire limits. Must not have over
five barrels in all. How to be kept and how
sold.
2. Not to be stored or kept outside of a
building, longer than is necessary for re-
ceiving or delivering.
3. May keep not more than one hundred
barrels outside of fire limits, in any one
Be it ordained by the City Council of the City of Muscatine :
Section i. That no merchant, dealer, or other person,
company or corporation, shall, within the fire limits of the
City of Muscatine, as the same are defined by ordinance,
keep on hand, in any store, building, cellar, or other place
within said fire limits, a greater quantity of camphene, ben-
zine, benzole, kerosene, naptha, or other coal oils, or other
easily inflamed burning fluid, than one barrel, not exceeding
fifty-five gallons, of any of the foregoing fluids, not exceed-
ing, however, five barrels in all. Benzine, benzole, or naptha,
kept for retail, shall be sold by daylight only, and shall be
kept in a tin can, or other metal vessel. Kerosene m.ay be re-
tailed at night. In such case, however, the cask from which
it is drawn, must be at least fifteen feet from any light. Any
merchant, dealer, or other person, if he keeps none of the
other oils or inflammable substances, named or referred to or
contemplated herein, may keep five barrels of kerosene, or
two barrels of benzine, or two of any other kind, but not to
♦Section 3901 of the Code provides: If any person mixes for sale naptha and illuminat-
ing oils, or shall keep or ofier }\)r sale or sell such mixture, or shall keep or ofier for sale or
eell oil made from petroleum for illuminating purposes, or any other product of petroleum
Inflaiiimable at a less temperature or fire test than one hundred and ten degrees Fahrenheit,
he shall be deemed guilty of a misdemeanor, and punished for the first oflense by fine not
exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty
days; and lor the second and every succeeding oflense. by fine not kss than one hundred
and not more than one thousand dollars, or by imprisonment in the county jail not less
than thirty days nor moie than twelve months, or by both such fine and imprisonment.
FIRES. 65
exceed five barrels in all, and if retailed shall be from tin cans
or metal vessels. Outside of said five barrels, no such mer-
chant, dealer, person, corporation or company, shall keep any of
said articles, other than above specified, except by the consent
of the City Council, as hereinafter provided. ~ '
Sec. 2. None of the fluids, or substances named, referred
to or contemplated in the foregoing section, shall be kept or
stored in front of any building or structure, or on any wharf,
street, alley or sidewalk, or lot for a longer period than is suf-
ficient for receiving the same for storage or for delivery, such
time not to exceed six hours.
Sec. 3. Any merchant or dealer may store for his own use,
or for purpose of sale by the barrel, any number of barrels of
said oils or inflammable fluids or substances, not exceeding one
hundred barrels, at any one time, in anyone building, outside
of the said fire limits, belonging to himself, or rented of
another, with full knowledge on the part of such other that
the building was to be used for such storage. Provided, how-
ever, that before any building shall be used for such purpose,
the consent of the property owners, to the distance of one
hundred and forty feet from such building, be first had and
obtained. Such consent must be in writing.
Sec. 4. Any person wishing to store, or to erect or use a
building to store, more than one hundred barrels of said oils,
or inflammable substances in any one place, or who shall wish
to keep or sell said oils or substances different from the manner
allowed herein, shall make application to the City Council,
and in such application shall state the grounds or reason for
such application. The Council may either grant or refuse the
application ; before granting it, however, the matter shall be
referred to a committee, who shall make full inquiry respect-
ing it, and report their conclusions to the Council, and the
Council shall take such action as it may deem wise and
prudent.
Sec. 5. Any person violating any of the provisions of this
ordinance, shall, on conviction thereof, be fined in a sum not
exceeding fifty dollars and costs, for each and every offense ;
and every day that any of said oils or substances are kept or
stored contrary to the provisions of this ordinance, shall be
deemed a new and distinct offense. It is hereby made the
duty of the Marshal and the Fire Wardens, to see that
the provisions of this ordinance are respected and obeyed.
66
ORDINANCES.
CHAPTER XV.
GAS. GASWORKS.
An Ordinance in relation to Gas Works.^
1, Muscatine Gas Light and Coke Com-
pany privileged to use liighways and public
grounds for laying pipes. Not to obstruct
passage on streets.
2. Conditions on which privileges are
granted.
3. (Quality of gas to be furnished, and city
to pay a certain sum per public lamp.
Be it ordained by the City Council of the City of Muscatine :
Section i. That the Muscatine Gas Light and Coke Com-
pany, their associates, successors and assigns, .as a body cor-
porate, or as individuals under the said name of the Musca-
tine Gas Light and Coke Company, or such other name as
they may hereafter adopt, be, and are hereby authorized and
permitted, and the exclusive privilege is hereby granted to the
said Muscatine Gas Light and Coke Company, their associates,
successors and assigns for the term of twenty years from the
passage of this ordinance, to use the streets, lanes, alleys and
public grounds in said city, including any territory that may
be hereafter added to the same, for the purpose of laying down
in said streets, lanes, and public grounds, pipes for conveying
gas for supplying said city and the inhabitants thereof with
gas light. Provided, that said Muscatine Gas Light and Coke
Company, their associates, successors and assigns, in laying
down said pipes shall not unnecessarily obstruct the passage
of said streets, lanes, alleys and public grounds, and shall
within a reasonable time repair the same.
Sec. 2. The privileges herein granted are upon the express
condition that the said Muscatine Gas Light and Coke Com-
pany, their associates, successors and assigns, shall on or be-
fore the first day of April, A. D. 1857, commence and within
six months thereafter, complete the erection of said works
and apparatus for the manufacturing of gas from stone coal,
or any other material of which gas is now, or hereafter
may be made, and shall lay down, within the aforesaid six
months, at least one mile of leading pipe from said gas works,
through the principal streets of said city, and shall continue
thereafter, to maintain their works and extend their leading
pipes from time to time, through such locations in said city,
as the consumption of gas may justify, and shall furnish to
said city for public lamps and to the inhabitants thereof for
private use, gas at a rate not exceeding four and one-half dol-
lars per one thousand cubic feet. All lamp posts and fittings
for public lamps shall be furnished at the expense of said city,
and as many lamp posts as the city may require, are to be put
♦Ordinance passed February 25th, 1857. Only such portions of this ordinance are given
as are considered material in view of the ordinance of renewal, passed September 15th, 1877.
GAS — RENEWAL ORDINANCE. 6/
Up on the pipe to be laid by the Muscatine Gas Light and Coke
Company, their associates, successors and assigns aforesaid.
Sec. 3. The gas to be furnished by said Muscatine Gas
Light and Coke Company to be of as good quality as any fu_r-
nished by any other gas company in the State, and the City of
Muscatine agrees to take gas so furnished to the amount of
twenty-five dollars per year for each of the aforesaid city pub-
lic lamps, and for the said sum of twenty-five dollars per lamp
per annum, the said Gas Company shall be compelled to fur-
nish gas the same number of hours that gas is furnished to
public lamps in the City of Chicago.
I
I
CHAPTER XVL
GAS. RENEWAL ORDINANCE.
An Ordinance extending and renewing the rights and privi-
leges heretofore granted to the Muscatine Gas Light and
Coke Company for the term of ten years, and fixing the
price of Gas furnished for the use of the City, and to pri-
vate consumers.
1. Rights and pi-ivileges granted by for-
mer ordinance renewed and extended for
ten yearB.
2. Additional conditions and restrictions.
3. Company granted the right to extend
their mains.
4. Company retains property in lamps fur-
nished by it.
Be it ordained by the City Council of the City of Muscatine :
Section i. That the exclusive rights and privileges here-
tofore granted to the Muscatine Gas Light and Coke Com-
pany, by ordinances passed February 25th, 1857, are hereby
extended, renewed aud confirmed unto the said Muscatine
Gas Light and Coke Company, with all the obligations and
restrictions therein contained, except as the same are herein
modified, for an additional period of ten years from the first
day of September, 1877, and up to the first day of September,
1887.
Sec. 2. That the exclusive privileges herein renewed and
granted, are under and upon the following additional condi-
tions and restrictions, to-wit :
1st. That the said Muscatine Gas Light and Coke Com-
pany, shall at once put the eighty-eight posts, lamps and fit-
tings now owned by the city, in good and proper order and
condition, and keep and maintain them in such order and con-
dition, and repair or replace such of them as are broken or
destroyed for and during the full term of the grant herein re-
68 ORDINANCES.
newed and extended, without any cost or expense to the city.
The said company shall furnish and keep in good and proper
order and condition, all additional lamps, erected under the
authority of this ordinance, without expense to the city.
2d. The said Company shall furnish gas for all the public
street lamps, and light and extinguish the same, such lamps
to be lighted within thirty minutes afcer sunset, or if the
moon be shining, and in its first quarter, they shall be lighted
one hour before it sets, and shall not be extinguished before
eleven [ii] o'clock P. M. The said Company shall not be re-
quired to light said lamps on clear nights, when the moon
shall give sufficient light, up to eleven [i i] o'clock, P. M. Pro-
vided, however, that on dark and cloudy nights, when the
moon is too much obscured to furnish light, the said lamps
shall, if the Mayor so direct, be lighted and kept lighted
until eleven o'clock P. M., the hour herein fixed for their ex-
tinguishment. In such cases the said company shall charge
therefor, at the rate of one dollar and sixty cents [$i.6o] per
month, regard being had to the length of nights when such
extra lighting is done.
3d. Each of said lamps shall have a burner not consuming
less than four cubic feet of gas per hour.
4th. The city shall pay one dollar and sixty cents per
month in cash for each public street lamp, and this shall be
full compensation to said Company for all the duties and obli-
gations herein required from said Company in respect to
said lamps.
5th. The city shall pay three dollars for each one thousand
cubic feet of gas consumed in its public buildings.
6th. Private*consumers shall not be required to pay more
than three dollars and sixty cents for each one thousand cubic
feet of gas consumed by them, when the bills for the preced-
ing month are paid within five days after its expiration ; if,
however, such bills are not paid within five such days, at the
office of said Company, then the said Company are empow-
ered to charge and receive a sum not exceeding four dollars
per thousand cubic feet of gas, but in no event shall meter
rent be charged.
7th. Whenever the said Company shall excavate in any
street or alley for the purpose of either laying down gas
mains or service pipes, or making any repairs thereto, they
shall not, during the progress of the work, unnecessarily ob-
struct the passage or proper use of such street or alley, or
interfere with the mains and pipes of the water works com-
pany, and they shall within a reasonable time restore said
street to as good condition as it was before the making of
GAS.
69
such excavation. In all cases where excavations are made,
and left open over night, it shall be the duty of the said Gas
Company to provide proper barriers or other protection
against injury to persons or animals.
Sec. 3. The said Company shall have the right to exterrd"
their mains beyond the present termini of such mains, to
other portions of the city, the inhabitants or a sufficient num-
ber of which, desire and agree to take gas for their own pri-
vate use. When such extensions are made, the city shall
burn not less than two lamps at the intersection of each and
every street on and along which such extensions are made, ex-
cept on Front street. If the mains shall be extended to South
Muscatine by way of Front street, then along such extension
from and beyond Linn street, and until reaching South Mus-
catine, street lamps shall, at the request of the Council, be
placed by the said Company at points to be designated by the
Council, and not greater than one hundred and eighty [180]
feet apart. At the crossings of all streets where mains are
now laid, as well as where they may be hereafter laid, there shall
not be less than two lamps, diagonally opposite to each other.
Sec. 4. In all cases, where the said Company shall, under
the provisions of this ordinance, furnish and erect street
lamps at their own expense, the property in such lamps shall
be and remain in the said Company, at the expiration of the
term herein renewed and extended.
Sec. 5. This ordinance shall be in force and take effect from
and after the delivery to the Mayor of a written acceptance of
its terms and conditions by the said Company.
CHAPTER XVII.
GAS.
An Ordinance for the protection of Public Lamp Posts,
Lamps, etc.
1. Penalty for breaking or injuring lamp
or lamp post.
2. Penalty for climbing on, hitching to, or
piling things against lamp posts.
3. Penalty for lighting or extinguishing
lamps without authority.
Be it ordained by the City Council of the City of Muscatine :
Section i. Any person who shall carelessly or wantonly
break, deface or in any way injure or destroy any public lamp
or lamp post, shall upon conviction thereof, pay a fine of not
more than twenty dollars for each offense, and may also be
liable for the expenses that may be incurred in repairing the
70
ORDINANCES.
injuries committed, which may be recovered in a separate
suit therefor.
Sec. 2. Any person who shall climb upon, or who shall
hitch any horse or other animal to any public lamp post, or
who shall hang or place any goods or merchandise thereon, or
place any goods boxes, wood or any heavy material upon or
against the same, shall upon conviction, pay a fine of not
more than twenty dollars.
Sec. 3. Any person who shall, without authority, extinguish
or cause to be extinguished any of said street lamps, or who
shall light or cause to be lighted any of said lamps, shall be
fined in the penalty of not more than ten dollars for
each offense.
CHAPTER XVIII.
HEALTH.
An Ordinance in relation to the Board of Health.
1. Mayor and Aldermen created a Board of
Health.
2. Mayor, President, and Recorder, Secre-
tary.
3. May appoint health inspectors.
4. Meetings, how called.
5. May make regulations necessary for
health, etc.
6. May cause such regulations to be pub-
lished in newspaper. Publication legal no-
tice of the regulation.
7. Enumeration of powers of the Board of
Health.
8. Notice of abatement of nuisance, what
to contain, and how and on whom served.
Expenses of such abatement may be re-
covered by civil action, when.
9. Duties of Marshal, Health Inspector,
etc.
10. Board to keep correct amount of ex-
penses, and full report to be made to the
Council monthly, properly certified. If ap-
proved, warrant to issue for the payment of
expenses.
11. The owner or occupant of premises to
keep the same free from anything injurious
to health. Must comply with order of the
Board. Penalty.
12. Board to examine slaughter houses,
etc., and report violations of ordinances,
names of witnesses, etc.
13. Physicians to report to Board all cases
of contagious disease.
14. Persons having infectious diseases to
keep closely confined. Notices of such
disease may be posted on house. Penalty.
15. Requirements of Board to be obeyed.
Penalty.
Be it ordained by the City Council of the City of Muscatine :
Section i. That the Mayor and Aldermen shall, ex o^cio
constitute a Board of Health for the city.
Sec. 2. The Mayor shall be ex officio President of the
Board of Health, and the Recorder shall be ex officio its
Secretary.
Sec. 3. The Board of Health shall, when they may deem
it advisable, appoint one or more Health Inspectors for the
city, who shall hold their office at the pleasure of the Board,
r
I
HEALTH. 71
and shall discharge such duties as may be required of them by
the Board.
Sec. 4. The first session of the Board shall be held at the
call of the Mayor, and its subsequent sessions at such lirnes_
as it may designate, or at the call of the President.
Sec. 5. The Board of Health shall have the power to make
such regulations as it shall deem necessary for the public
health and safety, respecting nuisances, sources of filth and
cause of sickness within the city.
Sec. 6. When the Board shall make any regulation in regard
to the health or cleanliness of the city, it shall cause a cop)^
of such regulation, duly attested by the Secretary, to be pub-
lished in some newspaper of the city for the space of one
week. Such publication shall be deemed legal notice to all
persons of the regulation so made by the Board.
Sec. 7. The Board of Health are empowered :
1st. To exercise a general sanitary supervision over the City
of Muscatine, and, to that end, may adopt such measures as
will promote the cleanliness and health of the city.
2d. To cause the abatement of nuisances, of every sort, in
any manner prejudicial to health, on private property as well
as on public property.
3d. To notify the owner or occupant of any lot or parcel of
ground, on which any nuisance or cause of sickness exists, or
is found, to remove the same, at his own expense, within such
time as they may deem reasonable.
4th. To require, by general regulation or otherwise, the
owners or occupants of any property abutting on any alley or
lane, to cleanse said alley and to remove therefrom any filth
or cause of sickness, within such time as they may prescribe.
5th. To m.ake such regulations and orders as they may deem
prudent and advisable in regard to the cleansing of drains,
sewers, and other passages for the discharge of water within
the city.
6th. To make such regulations and use such precautions as
in their judgment will prevent the introduction into the city
of any malignant, infectious or contagious disease, and to es-
tablish hospitals or pest houses, when they shall deem it nec-
essary to prevent the spread of any infectious or contagious
disease.
7th. To cause any person sick with any contagious or in-
fectious disease, who has no fixed habitation of his own in
the city, to be removed to such hospital or pest house, or
some other retired place, unless such person is able and can
obtain care and treatment elsewhere at his own expense. If
72 ORDINANCES.
the condition of any person, sick with any such disease, is
such, that, in the opinion of the Board, his removal would be
attended with danger, the Board shall make such disposition
of him as will secure to him proper and humane treatment
and attention, and at the same time, prevent, as far as they
can, the spread of the disease from which he is suffering.
8th. To make such regulations and restrictions in regard
to communication or intercourse, by and with all houses,
tenements, or other places, and the persons occupying the
same, in which there shall be any person sick, with any con-
tagous, malignant, or infectious disorder, as they shall deem
necessary and proper.
9th. To employ such persons as they may deem necessary
to carry into effect the regulations adopted and published by
the Board, in pursuance of the powers given them by this or-
dinance, or by any act of the Legislature in relation to health.
Sec. 8. The notice referred to in sub-division 3, of the
preceding section, shall describe with ordinary certainty, the
nuisance, or cause of sickness, the removal of which is therein
required, and shall be served by the Marshal, or any police
officer, or by any constable, in the way that notices are
served in civil actions. If the owner or occupant fails to re-
move such nuisance within the time required in such notice,
he shall be liable to a penalty of not more than twenty-five
dollars, for every day during which he knowingly permits
such nuisance or cause of sickness to remain after the time
prescribed for the removal thereof, and if the Board shall
cause such nuisance or cause of sickness to be abated or re-
moved, the expenses of such removal may be recovered in an
action against either the owner or the occupant, as either may
have been served with the notice to remove, or against both,
if both were served with such notice.
Sec. 9. It shall be the duty of the Marshal, Health Inspec-
tor, and such members of the police as the Board of
Health may direct, to attend meetings of the Board of
Health, and to serve all precepts and notices issued by said
Board or any member thereof, signed by the President and
attested by the Secretary thereof ; to execute all orders of the
Board directed to them ; to attend to the abatement or re-
moval of all nuisances, and to perform such other duties in
relation to nuisances, as the Board may direct ; and as often,
and in such manner, as may be required of them, to examine
the condition of all streets, lanes, avenues, alleys, market
places and public squares, and private yards of the city, and
to report to said Board, or any member thereof, all nuisaijces
found therein ; to notify persons upon whose premises, or
I
HEALTH. 73
premises occupied by them, any nuisance may exist, to re-
move the same, and {( it be not removed forthwith, to make a
report thereof in writing to said Board, or any member
thereof; to visit, at least once a week, and oftener, when re-
quired by said Board, or any member thereof, every part of'
the city ; to arrest any person found violating any city ordi-
nance which relates to the sanitary regulations of the city ;
and to arrest persons throwing, or permitting to be thrown,
from their premises into their yards, or into any street or
alley, any filth or other matter prohibited by the ordinances
of the city, or the regulations of the Board of Health ; and
in other respects to exercise the utmost diligence in enforc-
ing the ordinance in regard to the health of the city.
Sec. io. The Board of Health shall keep a correct and full
account of all expenses incurred, with whom, and on what
account, and whether payable by the city or by individuals,
and a like account of all monies expended, to whom paid,
and on what account, and shall, at the end of every month,
render to the City Council an account of all expenses that
may have occurred under their authority, and, upon the Board
certifying to the correctness of the same, and the same being
approved by the City Council, a warrant shall issue therefor,
payable out of any money not otherwise appropriated.
Sec. II. The owner or occupant of every lot or building,
or any appurtenances thereof, shall keep every part thereof
free from filth or anything offensive to the neighborhood
about the same, likely to contribute to disease or infection, or
which is prohibited by the Board of Health ; and upon fail-
ure to do so, it is hereby made the duty of the City Marshal
or Health Inspector, upon complaint, inspection, or order of
the Board of Health, immediately to give notice to the owner
or occupant thereof, and require him to do such act as the
said officer, under the direction of the Board of Health, shall
deem necessary for the health of said city, and in case of fail-
ure to comply with such requirements for the space of twelve
hours, said officer is required and empowered to do such acts
himself, keeping a correct account of all the expenses of the
same, for all of which expenses said owner or occupant shall
be liable, and may be fined for a violation of the provisions of
this ordinance.
Sec. 12. Said Board of Health shall, from time to time,
cause every slaughter house and yard, or other place where
animals are slaughtered in the city, to be entered and ex-
amined, and a report made of any violation of any ordi-
nances in relation thereto, such report to be accompanied by
a list of names of the witnesses by whom the facts contained
in such report are expected to be proven.
IO
74 ORDINANCES.
Sec. 13. It shall be the duty of every physician in the city
to report to the Board of Health every case of ship fever,
cholera or small pox, or other contagious or infectious disease
he may be called upon to attend within the city limits, or
within five miles of the same, within twelve hours after he
shall have examined the patient, with the location of the house,
and name of occupants and street.
Sec. 14. All persons having ship fever, small pox, or other
contagious or infectious disease, in the city, who refuse to go,
or can not be taken therefrom to the hospital or pest house,
are hereby required to keep closely confined within their re-
spective dwellings or places of abode ; and the Board of
Health may cause suitable notices, with the name or charac-
ter of the disease, printed or written in large letters thereon,
to be posted up in the most conspicuous place, on ornear such
dwelling or place of abode, in which such contagious or in-
fectious disease exists, and require of the occupants thereof,
to maintain such notices there, until, in the opinion of the
Board of Health, they may be safely discontinued ; and any
person failing to comply with any of the requirements of this
section, shall forfeit and pay a fine of not less than ten nor
more than one hundred dollars.
Sec. 15. All persons are required to obey the ordinances,
precepts, regulations and requirements of said Board ; and
whoever shall fail, refuse or neglect so to do, shall be guilty of
a misdemeanor, and fined not less than one nor more than one
hundred dollars.
CHAPTER XIX.
HEALTH. MANURE.
An Ordinance prohibiting the throwing of Manure in the
streets and alleys, and directing how it shall be dis-
posed of.
1. Manure must not be thrown in streets,
alleys or on sidewalk.
2. Must he placed in tight vessel. Re-
moval. Size of box and how placed.
3. Penalty. Manure, how to be used for
gardening purposes.
Be it ordained by the City Council of the City of Muscatine :
Section i. No person shall be permitted to throw or de-
posit in any street or alley, or other public thoroughfare, or
upon any sidewalk, or any premises he or she is occupying,
any manure of any kind.
INSPECTORS AND MEASURERS.
75
Sec. 2. Such manure shall be thrown or deposited in a
tight box or other tight vessel, and unless removed by the
person depositing or causing it to be so deposited, from the
city, it shall be placed by him as often as may be required by
the Marshal or other proper officer of the city, in some con-
venient place, where it may be removed by the city authori-
ties, if the city shall decide to remove the same, but unless
the city does so decide to remove it, it shall be the duty of
the party himself to remove it once a week, or as often as the
box may become filled. Such box or vessel shall not exceed
three feet in width, six feet in length, and four feet in height,
and may be placed in the alley, but in no case shall it be
so placed as to interfere with the passage of the alley.
Sec. 3. Any persons guilty of violating the provisions of
this ordinance shall, on conviction thereof, for every such
offense, pay a fine of not more than one hundred dollars.
Provided, however, that this ordinance shall not prevent the
manuring of gardens in the usual manner, the manure to be
so mixed with the dirt as to cause no stench or smell to arise.
CHAPTER XX.
INSPECTORS AND MEASURERS.
5. Fees for measurement.
6. To be weigher of hay scales ; when
scales provided by the city.
7. Weight of ton of hay, and of bushel of
stone coal.
An Ordinance relating to Inspectors and Measurers.
1. Office of Inspector and Measurer
created. Duties.
2. Term of office.
3. Expense to be borne by the owner of
lumber brought to the city for sale.
4. Wood, lumber and timber must be
measured, when. Penalty.
Be it ordained by the City Council of the City of Muscatine :
Section i. That there is hereby created the office of In-
spector and Measurer, whose duty it shall be to inspect lum-
ber, shingles and lath, which he may classify, using the terms
first, second and third qualities ; to measure lumber, timber,
logs, wood and lath, and to weigh stone-coal and hay sold in
the city ; and to give his certificate stating the quantity or
quality, or both, as the case may require.
Sec. 2. He shall hold his office for the term of one year and
until his successor is appointed and qualified, unless sooner
removed by the Council. Before entering upon the duties of
his office, he shall take and subscribe an oath or affirmation
that he will faithfully and impartially discharge the duties of
his office to the best of his ability.
y6 ORDINANCES.
Sec. 3. All boards, planks, scantling, joists and square
timber of every kind, brought to this city by water and sold,
shall be placed, assorted and handled for measurement, by the
owner thereof, or at his expense, by persons employed by
the Measurer, unless it be otherwise agreed by the parties
to a sale.
Sec. 4. No person shall sell wood, lumber or timber in the
city, without having it measured by the Measurer, if the pur-
chaser requires it at the time of the purchase, or before de-
livery, and if the Measurer be able'to perform his duty. For
a violation of this provision, the seller shall forfeit to the city
any sum not exceeding ten dollars.
Sec. 5. The Measurer shall be entitled to demand and re-
ceive from the seller the following rates of pay : For measuring,
any quantity of wood, less than two cords, ten cents ; for
measuring any quantity not less than two nor more than five
cords, five cents per cord ; for measuring any quantity above
five cords, three cents per cord ; and for each thousand feet or
less of lumber or timber measured and inspected, ten cents ;
and for each thousand feet or less of logs scaled or measured,
five cents ; and for each thousand of shingles or lath inspected,
two cents ; to be paid by the seller.
Sec. 6. When hay scales shall have been provided by the
city for the public use, the above officer shall perform the duty
of weigher. He shall have charge of the scales and keep
them in repair, and when called upon for that purpose, shall
attend to the weighing of hay and stone-coal, and give his
certificate of the number of pounds of hay, or bushels of
coal, as the case may be.
Sec. 7. In weighing, he shall allow two thousand pounds
for a ton, and eighty pounds for a bushel of stone-coal. His
compensation for weighing shall be fixed by common order
of the Council.
TAIL.
77
CHAPTER XXI.
JAIL.
An Ordinance in relation to the Jail and Work House.
6. No outside person permitted to enter
work house without permission from the
Mayor or Police Judge; communication
with prisoners not allowed. Loitering on
outside of prison, how punished.
7. Keeper of Jail to keep a record of all
persons confined therein. What it shall
contain.
8. OfHcer in charge of work house to keep
an account of materials received and the
disposition made of them; to take care of
tools and implements.
1. County jail declared city prison.
2. Jail yard declared city work huuse.
3. Pert»ons committed to prison for viola-
tion of oidinances or non-payment of fines,
may be sentenced to work at hard labor in
work house. Credit allowed for each day's
labor.
4. Council to appoint some person to take
charge of persons confined in work house.
Such person to be a member of the police
force. Tools and materials, how furnished.
5. Duty of person having charge in regard
to attempts to escape. Refusal to perform
labor, how punished.
Be it ordained by the City Council of the City of Muscatine :
Section i. That the County Jail in the City of Muscatine,
shall be used as a prison for the confinement of persons duly
committed for any cause authorized by the ordinances of
the city.
Sec. 2. The yard or enclosure adjacent to the Jail, is hereby
declared the City Work House.
Sec. 3. Any able-bodied male person, over the age of six-
teen years, and not over fifty, committed to prison for the
violation of any of the ordinances of the city, whether for
non-payment of fine or otherwise, may, by the Court pro-
nouncing the sentence, be required to work at hard labor, in
said Work House, during the whole time of his sentence.
Such imprisonment shall, however, in no case, exceed thirty
days, and for every day's labor, of eight hours per day, per-
formed by such person, there shall be credited on the judg-
ment for fine and costs against him, (if committed for non-
payment of such fine) the sum of one dollar and fifty cents.
Sec. 4. The Council shall appoint some person who shall,
for the purposes of this ordinance, be deemed a member of the
police force, whose duty it shall be, when there are one or more
persons under sentence to perform labor, in pursuance of this
ordinance, to attend at the City Work House, to see that the
prisoners properly and diligently perform the labor required
of them by this ordinance ; to conduct them to and from the
jail, and to assign to each prisoner the labor required of him.
No tools or materials for such labor shall be furnished except
by the special direction of the City Council.
yS ORDINANCES.
Sec. 5- The person appointed to take charge of prisoners,
for the purpose specified in this ordinance, may use such
means as are necessary and proper to prevent escapes, and if
any prisoner attempts to escape, while under his charge, or
if any prisoner refuses to perform the labor assigned to him,
the person having such prisoner in charge, and to prevent a
repetition of any further attempts to escape, if after proper
investigation the officer is satisfied that the refusal to labor is
due, not to physical indisposition, but to a refractory and turbu-
lent spirit, he may use the means authorized by Section 4734 of
the Code ; such punishment, however, shall be inflicted within
the jail. The time that is taken up by such punishment shall
not be considered as any part of the term for which such
prisoner was sentenced, pi'ovided, however, that in no case
shall the imprisonment exceed thirty days.
Sec. 6. The person or officer appointed to take charge of
such prisoners, and superintend their labor, shall permit no
person to enter the Work House or yard while they are at
work, unless such person have permission from the Mayor or
Police Judge ; nor shall he suffer any one to have any com-
munication with them while at work, or in going to or re-
turning therefrom. No person shall be permitted to loiter
about on the outside of said Work House, and any one from
the outside who shall make insulting and opprobrious re-
marks, about the prisoners laboring therein, loud enough for
them to hear what is said, shall be deemed guilty of a misde-
meanor, and, on conviction thereof, shall be fined any sum
not exceeding twenty-five dollars.
Sec. 7. It shall be the duty of the keeper of the jail to
keep a record of all persons received by him, by whom ar-
rested, when arrested, for what offense, for what time com-
mitted, and the date of their discharge, and shall keep a
correct statement of the money, and other valuables which
may be taken from any person on being brought to the jail.
Sec. 8. The person appointed to take charge of such priso-
ners shall keep an account of the materials received at the
enclosure where work is performed, and the disposition of
the same, and shall take due and proper care of the tools and
implements used therein.
LICENSES. AUCTIONEERS. 79
CHAPTER XXII.
LICENSES. AUCTIONEERS.
5. Non-residents bringing or sending
goods to be sold at auction, to obtain per-
mits for such sales from the Mayor. Cost of
such permits.
6. Any one making such sales, except
regularly licensed auctioneers, must obtain
permits.
7. Who shall be regarded as non-reisi-
dents, and what they must do to make sales
at auction. Penalty.
An Ordinance in relation to Auctioneers, and persons bring-
ing goods into the city to be sold at auction.
1. Auctioneers must take out license.
2. License will not authorize the carrying
on the auction business at more than one
place at the same time. When auctioneers
may sell elsewhere. Judicial and trust
sales not embraced by ordinance.
3. Penalty for violating two preceding sec-
tions.
4. Public auction in the streets not al-
lowed without permit from the Mayor, Pen-
alty.
Be it ordained by the City Council of the City of Muscatine :
Section i. That no person shall be permitted to carry on
the business of an Auctioneer within the limits of the city,
without first having obtained a license therefor. Any person
desiring such license shall pay to the City Treasurer the sum
of fifty dollars, who shall thereupon deliver to such applicant
duplicate receipts. One of the receipts shall be deposited
with the Mayor. Upon such receipt being deposited with
him, the Mayor shall order a license to issue to the applicant,
which shall be in force for the period of one year from its date.
Sec. 2. No license issued under the provisions of this or-
dinance, shall authorize the carrying on of the auction busi-
ness in this city at more than one place at the same time.
Nothing herein contained shall, however, be construed as pre-
venting or prohibiting a regular licensed auctioneeV from sell-
ing at public sale, household goods, furniture, or other like
property, at the residence of the owner of the same, or real
estate where the same is situated. Nor shall the provisions
of this apply to judicial sales, or sales made under any order
of court ; or by virtue of any mortgage or trust deed ; or sales
made by an executor or guardian, or other person discharg-
ing the duties of a trust imposed by law.
Sec. 3. Any person violating the provisions of the two
preceding sections, shall on conviction thereof, pay a fine of
twenty dollars for each offense.
Sec. 4. No person shall hold a public auction in the streets
of this city, without a special written permit from the Mayor.
Any person violating the provisions of this section, shall, on
conviction thereof, pay a fine of not less than five dollars for
each offence.
80 ORDINANCES.
Sec. 5. Any person, not an actual and bona-fide resident of
the City of Muscatine, who is desirous of selling goods,
wares and merchandise at auction, of which he is the owner,
or over which he has the management and control, shall, be-
fore undertaking to make such sales, pay to the Treasurer the
sum of ten dollars, on the payment of which the treasurer
shall execute receipts in duplicate, one of which shall be given
to and left with the Mayor. The Mayor shall thereupon give
a permit in writing, authorizing said goods to be sold at
auction for the period of ten days from the date of such per-
mit. Such permits may be renewed for like or shorter periods,
not less, however, than five days in the same manner and at
the same rates.
Sec. 6. Any person may act as auctioneer in the sale of
goods, wares, etc., referred to in section 5 hereof, who has
obtained a license under section one of this ordinance ; or if
he has not obtained such license, who will pay to the City
Treasurer at the rate of three dollars per day for each and
every day he offers to sell such goods at public auction, and
procure from the Mayor a written permit, to sell for the num-
ber of days for which he has paid at the rate herein men-
tioned. No person, whether the owner or otherwise, shall act
as auctioneer in the sale of said goods, who shall not first
have obtained a license or permit as herein required.
Sec. 7. All non-resident owners, transient merchants, or
others, who may bring here or consign to others, residing
or engaged in business here, goods, wares or merchandise, for
the purpose of having the same sold at auction, shall, for the
purposes of this ordinance, be regarded as non-residents, and
be required to obtain a license or permit, as provided by the
5th section thereof.
Sec. 8. Any person selling or offering to sell, in violation
of the provisions of sections 5 and 6 hereof, shall, on convic-
tion thereof, pay a fine of not less than ten nor more than one
hundred dollars.
Sec. 9. No auctioneer, coming here especially to sell a
stock of goods, or other personal property, shall be permitted
to sell the same at auction, unless he has previously taken
out a license or permit, as required by this ordinance, or unless
he has been employed actually and in good faith, by a resi-
dent auctioneer, to aid him in making such sales. Any per-
son undertaking to sell such goods or property at auction,
without such permit or license, or without being so employed,
shall, on conviction thereof, be fined in a sum not more than
twenty-five dollars. And any resident auctioneer, who shall
attempt to abuse the privilege given by his license, or be in-
LICENSES. 8 1
strumental in evading the provisions of this ordinance, by
knowingly suffering any one to sell at auction, such goods or
property, on the pretence that the one so selling is in his
employment, when no such employment exists in fact, or
is merely colorable, shall, on conviction thereof, be fined in-a
sum not exceeding one hundred dollars, and the Council may,
in addition thereto, if it sees proper, revoke his license.
CHAPTER XXIII.
LICENSES.
An Ordinance in relation to the selling of Wine and Beer,
and regulating the sale thereof
1. License must be obtained.
2. City Council may grant license.
3. Applicant for license must pay and
give bond.
4. Licenses must be issued under the seal
of the city. When assignable.
5. Holders of license not permitted to
sell on Sunday.
6. When license may be revoked.
7. Riotous noises. To whom must not sell,
8. Time saloons must be closed.
9. Council have power to revoke license.
I
Be it ordained by the City Council of the City of Muscatine :
Section i. That no person shall sell, or keep a saloon,
house, room, or other place, for the sale of wine or beer,
within the City of Muscatine, without first obtaining a
license therefor, as hereinafter directed. And this prohibi-
tion shall cover and include all retail traffic in said liquors,
and each of them. And any person violating any provision
of this section shall be liable and subject to a penalty of not
less than ten, nor more than one hundred dollars, for each
and every such offence.
Sec. 2. The City Council of the City of Muscatine may
grant licenses for the sale, within said city, of the liquors
named in the first section of this ordinance, in the manner,
and subject to the restrictions and reservations, hereinafter
set forth. But no license shall be granted for a longer period
than one year, from the date of such grant, and all such
licenses shall expire on the first day of April next after the
granting and issuing the same. And all such licenses shall,
at all times, be subject to revocation as hereinafter provided.
Sec. 3. Any person applying for a license for the sale of
the liquors named in the first section hereof, or any of them,
for the term of one year, shall pay into the treasury of said
city the sum of fifty dollars, and the City Treasurer shall give
him a receipt for the same, which receipt shall be presented
by such applicant to the City Council, with his application
II
82 ORDINANCES. '
for such license ; and in case the application be rejected, the
money, or sum paid by the applicant, into the City Treasury,
shall be refunded to him. Every such application shall be in
writing, and signed by the applicant, and the same shall also
be signed by at least twenty citizen tax-payers of the city.
The applicant shall also execute unto said city, and deliver to
the City Council, a bond, with one or more sureties, to be ap-
proved by the City Council, in the penal sum of three hun-
dred dollars, conditioned that said applicant and licensee
shall well and truly observe the conditions and requirements
of this ordinance, and pay all penalties by him incurred
under the same. In case of application for such license for a
shorter period than one year, the sum to be paid into the City
Treasury, as above provided, shall be determined by the
City Council, but the same shall not exceed fifty dollars, nor
shall it be less than at the rate of fifty dollars per year.
Sec. 4. Licenses granted under this ordinance shall be
issued under the seal of the City of Muscatine, signed by the
Mayor, and attested by the City Recorder ; and each license
shall name and specify the building, room or place, at which
the licensee is authorized to conduct his business, and sell
said liquors. And such license shall not be construed to cover
or extend to any other building, room or place than that
named therein, nor shall such license be assigned by the
licensee named therein, except by permission of the City Coun-
cil first had and obtained, and duly entered of record among
the proceedings of said Council.
Sec. 5- If ^ny person holding such license shall sell on
Sunday, or permit to be sold on Sunday, by his clerk, agent,
or employee, any of the liquors named in the first section of
this ordinance, he shall be liable and subject to a penalty
of not less than one nor more than five dollars for each and
every such offence.
Sec. 6. If any person holding such license shall permit or
suffer any carousals, fighting, quarreling or riotous noise at
his place of business, or shall permit any gambling, or sell, or
permit to be sold, any of said liquors to any insane person,
idiot, habitual drunkard, or intoxicated person ; and if such
licensee shall permit minors to spend their time drinking or
tippling at such place, he shall, for every such offence be liable
and subject to a penalty of not less than five, nor more than
fifty dollars.
Sec. 7. No saloon, building, room, or other place covered
by such license, shall be open for business between the hours
of eleven o'clock in the evening and five o'clock in the morn-
ing ; nor shall it be lawful to sell or permit to be sold, therein
LICENSE. 83
or therefrom, any of said liquors between said hours. And
any person violating this section, or any provision thereof,
shall for each and every such offence, be liable and subject to.
a penalty of not less than five dollars, nor more than fifty
dollars. *
Sec. 8. The City Council shall have power to revoke and
annul any license granted and issued under this ordinance,
for a violation, by the licensee, or by any agent or employee
of such licensee, of any of the provisions of sections 5, 6 and
7 of this ordinance, and such revocation, and the reason
thereof, shall be entered of record among the proceedings of
the City Council, and notice of such revocation shall be served
upon the licensee by the City Marshal, or other police officer
of said city ; but such revocation shall not release, or in man-
ner affect the liability of, either the principal or surety on the
bond required by section 3 of this ordinance.
Sec. 9. The requirements of this ordinance, in regard to
the sale of the liquors herein mentioned, shall not apply
to druggists, or other persons duly authorized to sell liquors
under a permit from the county.
I
CHAPTER XXIV.
LICENSES.
An Ordinance for licensing Draymen, Teamsters and Ex-
pressmen.
9. Each vehicle to bear the same number
as its license.
10. Mayor to deliver to the Marshal a list
of licenses, and .charge the Treasurer with
the amount of licenses.
11. Mayor to keep a register of licenses,
with dates, numbers, etc., and to file and
keep all bonds, and report to Council every
three months.
12. Licenses may be issued for less than a
year.
1. License required.
2. Expressman and teamster defined.
3. Application for license to be made to
the Mayor. Council may grant license, if
Mayor refuse.
4. Licensee must give bond, to be approv-
ed by the Mayor, in the sum of two hundred
and fifty dollars, before license is delivered.
5. When license may be delivered.
6. Licenses not transferable.
7. Charges for hauling.
8. Penalty for violating ordinance.
Be it ordained by the City Council of the City of Muscatine :
Section i. That every person following the business of a
Drayman, Teamster or Expressman, within the limits of the
City of Muscatine, shall pay annually, in advance, the licenses
following, viz. : Each Drayman and Teamster shall pay an
annual license of five dollars for each dray or wagon, and
every Expressman an annual license of ten dollars for each
express wagon.
84 ORDINANCES.
Sec. 2. An Expressman is one whose wagon or other
vehicle rests on springs, and a Teamster is one whose vehicle
is similar to an ordinary farm wagon, and is without springs.
Every person engaged in carrying goods or other commodi-
ties from o;;ie part of the city to another for hire, on any
other vehicle than a dray, shall be deemed an Expressman or
a Teamster, as the same are herein defined.
Sec. 3. Application for such license shall be made to the
Mayor, who has authority to grant or refuse the same, sub-
ject, in case of refusal, to the final decision of the Council.
Sec. 4. Before the license is delivered to the applicant, he
must produce to the Mayor the Treasurer's receipt for the
payment of the sum herein required, and must also give bond
to the City of Muscatine, for the use of whomsoever may be-
come concerned therein, with one or more sureties, in the
penal sum of two hundred and fifty dollars, with a condition
that he will truly and safely deliver all property entrusted to
him or his agents, and that he will pay all damages which may
accrue to any person by the neglect, delay or carelessness of
himself or his agents in the performance of his undertaking,
to convey or deliver any property, and all damages which
may accrue, in consequence of any injury to persons, arising
from the same cause. Such bond must be approved by the
Mayor, and it may be sued upon, in the name of the city, for
the use of any person injured by the breach of its condition,
but at such person's cost and risk.
Sec. 5. Upon the bond, duly executed and approved, being
delivered to the Mayor, he shall direct a license to issue to
the applicant, which shall be in force one year.
Sec. 6. No license is transferable; neither shall any person
run more than one vehicle at the same time by virtue of
one license.
Sec. 7. A tariff of not more than twenty-five cents maybe
charged by the licensee for each load taken to any point
within eight squares of the place of receiving the same, and
forty cents for any other distance within the city.
Sec. 8. If any person undertakes to carry on the business
of Drayman, Expressman or Teamster, without having first
obtained a license therefor, as required by this ordinance, he
shall forfeit and pay to the city any sum not exceeding twenty
dollars ; and if any person who is licensed fail to keep the
number upon his vehicle, as hereinafter provided, or if he
charge, as a compensation, more than the rates herein estab-
lished, he shall forfeit to the city his license, and shall also
pay a fine of not more than ten dollars for each and every
conviction.
LICENSES. 85
Sec. 9. All vehicles required to be licensed under this or-
dinance, shall be numbered the same as the number of the
license, which shall be furnished by the city, on tin-plates,
yearly, and which shall be fixed in some conspicuous place on
such vehicle.
Sec. 10. The Recorder shall deliver to the Marshal, from
time to time, a list of the licenses issued under this ordi-
nance, with their dates and numbers, and shall charge the
Treasurer with the amounts paid for such licenses.
Sec. II. The Recorder shall keep a register of the above
licenses, with their dates and numbers, and shall file and keep
all bonds given under this ordinance, and report the same to
the City Council every three months.
Sec. 12. Licenses provided for by this ordinance may be
issued for a less period than a year, but no license shall
be granted for a shorter time than one month, and all licenses
shall be made to expire on the first Monday of March, next
succeeding their issuance. Where any license is granted for
less than a year, it shall be dated as of the first Monday of
the month in which it was issued, in order to avoid fractional
parts of a month, and the charge shall be made from the day
it is so dated. No license shall be issued for one month, ex-
cepting for the month immediately preceding the first Mon-
day of March. When a license is issued for less than a year,
the licensee shall pay for the number of months such license
is to run, at the same rate that is chargable for a similar
license for twelve months.
CHAPTER XXV.
LICENSES.
An Ordinance in relation to licenses for Games of Chance
or Skill.
1. License required for any kind of table
or alley, at which games of skill or chance
are played.
2. Amount of license for table.
3. Amount of license for alley.
4. License required for any games of
chance or skill, not enumerated in ordi-
nance.-
5. Applications for license must be made
to City Council. What application must
contain. Council may grant or refuse ap-
plication.
6. If Council grant application, money
Be it ordained by the City Council of the City of Muscatine :
'Section i. That no person or persons shall keep, or cause
to be kept, any billiard table, nine-pin, ten-pin, or other bowling
for license to be paid to the City Treasurer.
Treasurer to give receipts, and Mayor to
issue license. What license must contain.
May be changed, when. Council may re-
voke license.
7. What indorsement to be made on
license, when Council permits assignments,
or change of place.
8. Licenses to terminate on first Monday
in March. License can be used for no other
place than that named in it.
9. Penalty for violating ordinances.
S6 ORDINANCES.
alley, bagatelle table, Jenny Lind Table, or other kind of table,
or place whatever, on or at which games of skill or chance
are played, and for the use of which, or the privilege of play-
ing thereon, any money or its equivalent, or any remunera-
tion of any sort in lieu of money, shall be required, paid or
received therefor, without first having obtained a license in
accordance with the provisions of this ordinance.
Sec. 2. The keepers of billiard, bagatelle, Jenny Lind and
other tables of similar character, shall pay for a license an-
nually, as follows : For a single table, twenty five dollars.
For two or more tables, fifty dollars.
Sec. 3. The keepers of bowling alleys shall pay an annual
license of twenty-five dollars for each alley.
Sec. 4. The owners or keepers of any place where any
games of chance or skill are played, and which is not enumer-
ated herein, shall pay an annual license of twenty-five dol-
lars ; but this provision shall not be construed as authorizing
the playing of any game of chance or skill for any purpose
which is forbidden by the laws of the State of Iowa.
Sec. 5. All applications for any license, provided for by this
ordinance, shall be made to the Council. Such application
shall give the name of the applicant, the kind of license de-
sired, and shall specify particularly the place where the thing,
for which license is asked, is to be kept and used. The City
Council may grant or reject the application, in its discretion.
Sec. 6. If the Council grant the application so made to it
the applicant for such license shall thereupon pay to the City
Treasurer the sum required for such license, who shall give a
duplicate receipt therefor, one of which receipts shall be pre-
sented to the Mayor, who shall thereupon direct a license to
issue to the party. Such license shall give the name of the
party to whom, and the purpose for which, it is granted, the
time of its continuance, and a particular description of the
place where the thing licensed is to be kept or used. In all
these particulars, the license shall correspond with the appli-
cation for such license. Such license shall not be assigned,
nor shall the place where it is to be operated be changed,
without the assent of the Council. The Council reserves to
itself the right to revoke any license granted by virtue of this
ordinance, at any time, for a violation of any of the State
laws, or city ordinances, in relation to gambling or the sale of
intoxicating liquors, or for riotous, disorderly or tumultuous
conduct in the place to which such license applies, or for per-
miting minors to engage in any games therein played, or for
any other abuse of the privileges given by such license, which
reservation shall be incorporated in said license.
LICENSES. 87
Sec. 7. Whenever the Council shall assent to the assign-
ment of any license, or to any change in the place described
in such license, it shall be the duty of the person to whom
such license was granted, to present the same to the City Re^
corder, who shall thereupon, in case of an assignment, endorse
on said license the following words, or words equivalent
thereto: "Permission given by the City Council (herein in-
sert date of such permission) for the assignment of the
license to (here insert name of person to whom assignment is
to be made.) In case of a change of place, the Recorder shall
endorse on said license the following words, or others of like
meaning : *' Permission given by the City Council (herein in-
sert date of such permission) to have the place described in
the license changed to (here describe the place to which the
change is to be made.) The permission to make an assign-
ment of the license, or to change the place for which it was
originally given, shall not be operative or effectual until the
endorsement, herein required, shall have been made and attest-
ted by the Recorder. The Recorder shall be entitled to charge
twenty-five cents for each and every endorsement made under
the provisions of this section.
Sec. 8. All annual licenses, granted under the authority of
this ordinance shall, as far as practicable, terminate on the
first Monday of March next following the date of such licenses.
Licenses may be granted for less than a year, but no license
shall be granted for a period less than three months, inter-
vening between the time when application for a license is
granted by the City Council, and the first Monday of March
following. In such case a license may be granted until the
first Monday of March following, and in order to avoid frac-
tions or parts of a month, the time shall be counted from the
first Monday of the month in which the license is issued to
the first Monday of March following. Where licenses are
granted for a less time than a year, the charge for such
license shall be proportioned to the time it is made to run. If
for six months, it shall be half the amount charged for an
annual license ; for three months, one-fourth of such amount,
and so on. No license can be used for any other place than
that mentioned in, or duly endorsed on such license.
Sec. 9. Any person violating the provisions of this ordi-
nance in operating or controlling- any of the tables or alleys
mentioned or contemplated herein, without first having a
license therefor, shall upon conviction thereof, pay a fine of
not less than the amount of such license, and in default
of payment of such fine, shall be imprisoned therefor, until
such fine be paid, or he be released in due course of law. And
88
ORDINANCES.
where any person undertakes to act upon the permission of
the Council, to either assign or change the place of his license,
without having the indorsement made by the Recorder, as
herein required, he shall, upon conviction, forfeit and pay a fine
of not less than five dollars and costs, and the Council may,
if it sees proper, revoke such license.
CHAPTER XXVI.
LICENSES.
An Ordinance requiring licenses to be taken out by any
person giving Exhibitions, where Tickets of Chance are
sold or given, or Prizes drawn for, by keepers of Dollar
Stores, Ninety-nine Cent Stores, and other transient
merchants.
3. Licenses to run not more than thirty-
days, may be renewed. Not to exceed
twenty dollars per day, in discretion of
Mayor.
4. How license to be obtained.
5. Penalty.
1. Exhibitions where tickets of chance
are given or sold, and gift enterprises, must
take out license.
2. Dollar stores, ninety-nine cent stores,
bankrupt stores, or vendors selling in the
streets from stands or wagons, or peddling
dry goods, notions, etc., must take out
license.
Be it ordained by the City Council of the City of Muscatine :
Section i. That no person shall be permitted to give any
exhibition, where tickets of chance are sold or given, or prizes
drawn for or given, or shall open or manage, or take charge
of any establishment or scheme, known as a gift enterprise,
or any other store room, or other place, where tickets of
chance of any sort or kind, or in any manner are sold, or
prizes are drawn for, without first having obtained a license
therefor, as herein after provided.
Sec, 2. Any person bringing here any stock of goods,
wares or merchandise, with intent to remain only transiently,
and offering to sell the same in stores known as " Dollar
Stores," or " Ninety-nine Cent Stores," or other stores, simi-
lar in kind, or as stores for the sale of bankrupt stocks, or
travelling vendors, who shall sell their wares in the streets
from stands or travelling wagons, or shall peddle dry goods,
notions, etc., from house to house, shall take out license be-
fore attempting to make any sales, or do any business.
Sec. 3. In the cases for which provision is made in the two
preceding sections, licenses may be granted for any number
of days not exceeding thirty days ; and the Mayor may, in
LICENSES.
89
his discretion, fix the amount of license to be paid per day
in each of the above enumerated cases ; but in no case shall
the amount exceed the rate of twenty dollars a day. Licenses
may be renewed for the same, or a shorter period of time. _
Sec. 4. Any person desiring to take out a license for any
of the purposes contemplated by this ordinance, shall, after
ascertaining- the amount to be paid by him per day, pay to the
Treasurer the amount required for the number of days he desires
a license, and the Treasurer shall give to him receipts in du-
plicate therefor, and upon depositing one of said receipts with
the Mayor, the Mayor shall order a license to issue to him, de-
scribing the kind of business, and specifying the number of
days the license is issued for.
Sec. 5. Any person violating the provisions of this ordi-
nance, shall, on conviction thereof, pay a fine of not less than
five dollars, nor more than fifty dollars for each offence.
CHAPTER XXVIL
LICENSES.
An Ordinance for the licensing of Circuses, Menageries,
Shows, etc.
4. other exhibitions to pay not more than
ten dollars.
5. Penalty for violating preceding sec-
tions.
6. Exhibitors of wild beasts not to ex-
hibit the same on public thoroughfares, so
as to endanger the lives and property of
persons lawfully thereon.
1. Circus traveling by land must pay
thirty dollars for each day's exhibition. By
water, must pay fifty dollars. Circus and me-
nagerie combined, traveling by land, must
pay forty dollars; by water, seventy-five
dollars.
2. Menageries to pay twenty dollars for
each day's exhibition.
3. Side shows to pay from ten to twenty-
five dollars for each day's exhibition.
Be it ordained by the City Council of the City of Muscatine :
Section i. That the owners or managers of Circuses, trav-
eling by land, shall pay thirty dollars in cash for each day's
exhibition in the City of Muscatine, and those traveling by
boat or river, shall pay fifty dollars in cash, for each day's ex-
hibition in said city. Exhibitions of wild animals and circus
combined, shall pay as follows : Those traveling by land
shall pay in cash, forty dollars for each day's exhibition in
said city, and those traveling by water, shall pay seventy-five
dollars in cash for each day's exhibition.
Sec. 2. The owners or managers of menageries of wild
animals, shall pay twenty dollars in cash, for each day's
exhibition.
12
90 ORDINANCES.
Sec. 3. The owner or manag^er of each side show, accom-
panying any circus or menagerie, shall pay in cash not less
than ten, nor more than twenty-five dollars (in the discretion
of the Mayor) for each day's exhibition.
Sec. 4. Traveling exhibitions of legerdemain, wax figures,
paintings, statuary, theatrical plays, concert troupes, and any
person engaged in giving any public entertainment, exhibi-
tion or show of any kind whatever, to which a charge for ad-
mission is made, shall pay for each day's exhibition, ten dol-
lars or less, in the discretion of the Mayor. But no license
shall be required for lectures, nor for concerts or other enter-
tainments, given by amateurs for charitable or public uses.
Sec. 5. Any person or persons violating the provisions of
any of the preceding sections, shall, on conviction thereof,
pay a fine of not less than the amount required to be paid for
a license for the particular exhibition, entertainment, show,
etc., which he or they shall undertake or attempt to give.
Sec. 6. No person or persons to whom any license is
granted for the exhibition of any kind of wild beasts, shall be
permitted to exhibit the same, or any of them, in the public
thoroughfares of said city, in such manner as to frighten
teams, or endanger the lives and property of persons, law-
fully using such thoroughfares. Any person violating the
provisions of this section, on conviction thereof, shall pay a
fine of not more than one hundred dollars and costs, and in
default of such payment, may be imprisoned not more than
thirty days, and in addition thereto, be liable to a civil action
on the part of any one entitled to damages, in consequence
of such exhibition.
CHAPTER XXVIII.
LICENSES.
An Ordinance for the licensing of Hacks, Omnibuses, and
other vehicles, that carry passengers for hire.
civil in conduct, and not annoy passengers ;
must obey rules and regulations of Com-
pany or Society; when.
6. Persons offending may be arrested.
7. Licenses, when made to expire. Per-
mits may be granted by Mayor ; when and
for what time.
8. Penalty for running without license, or
for violating ordinance.
1. Person running vehicles for the carry-
ing of passengers, must take out license ;
amount of license.
2. How license obtained.
3. Licensed vehicles shall have same num-
ber as that on license, to be put in con-
spicuous place.
4. What may be charged for carrying pas-
sengers.
5. Drivers and owners must be quiet and
Be it ordained by the City Council of the City of Muscatine :
Section i. That no person shall be permitted to run any
hack, carriage, coach, cab, stage, omnibus, or any other
I
LICENSES. 91
vehicle, for the carrying of passengers, in the city, without
first having obtained a license therefor, for which he shall pay
the sum of five dollars for each vehicle.
Sec. 2. Any person desiring to take out a license for any
of the vehicles mentioned in, or contemplated by, this ordi-
nance, shall deposit with the City Treasurer the sum of five
dollars, and the Treasurer shall thereupon give him duplicate
receipts therefor, one of which shall be presented to the
Mayor, who shall direct a license to issue.
Sec. 3. Every vehicle licensed, under the provisions of this
ordinance, shall be numbered — the number to be the same as
that on the license, and put in some conspicuous place on the
vehicle.
Sec. 4. Any person who shall have obtained a license to
run any vehicle for carrying passengers, shall be permitted
to charge as follows : For carrying one passenger any dis-
tance within said city, not exceeding one mile, twenty-five
cents ; for every additional mile or fraction thereof, twenty-
five cents.
Sec. 5. No owner or driver of any hack, cab, coach, stage,
omnibus, carriage, or other like vehicle, while seeking pas-
sengers at any railroad depot, or at any other public place, or
waiting for employment at any stand, shall unnecessarily snap
or flourish any whip, or use any indecent or profane language,
or be guilty of boisterous or loud talking, or of any disor-
derly conduct, or vex or annoy travelers or citizens, or ob-
struct any sidewalk. And such owners and drivers are re-
quired to obey any and all rules and regulations made by any
company or society, not inconsistent with any ordinance of
the city, for the promotion of order at any landing or depot,
used by such company, or at any place used by such society, for
its accommodation.
Sec. 6. Any police officer shall have power to arrest any
person offending against the provisions of this ordinance, or
who refuses or fails to desist when commanded or required
so to do.
Sec. 7. All licenses, issued under the provisions of this or-
dinance, shall be made to expire on the first Monday of
March following, and no license shall be issued for a shorter
period than three months. But the Mayor may issue permits,
when the agricultural fair is in progress, and on like occasions,
to persons not regularly licensed, to run vehicles for a period
of not more than five days, and for which they shall pay not
more than five dollars per day. Where permits are issued
under this section, such permit shall be carried by the driver,
and exhibited to any police officer of the city, who may re-
quire its production.
92
ORDINANCES.
Sec. 8. Any person undertaking to run any vehicle for the
carriage of passengers for hire, without first having taken out
a license, or permit therefor, shall, on conviction thereof, pay
a fine of not less than the amount herein required for such
license, and any person who shall violate any other provision
of this ordinance, shall, on conviction thereof, be deemed
guilty of a misdemeanor, and may be fined in a sum not ex-
ceeding twenty dollars, and in addition thereto, the Council
may, if it sees proper, revoke the license of such person.
CHAPTER XXIX.
LICENSES.
An Ordinance in relation to licenses for Peddlers.
1. Peddlers to take out license. Who
are to be regarded as peddlers. Who
not.
2. Who are to be regarded as whole-
sale peddlers. License required of them.
3. Retail peddlers must have receipts of
Treasurer, before Mayor can issue license.
4. Wholesale peddlers must have like re-
ceipt.
5. Penalty for violating ordinance.
Be it ordained by the City Council of the City of Muscatine :
Section i. That Peddlers shall pay to the city an annual
license of ten dollars. Any person engaged in the business
of retailing any wares, goods or merchandise, fruits, vegeta-
bles, meats, fish or other edibles, along or upon the public
streets, or from house to house, shall be deemed a Peddler.
Provided^ however, that this section shall not be construed to
apply to any person retailing productions of his or her own
raising or manufacture.
Sec. 2. That all persons who sell goods of any description,
within the limits of the city, at wholesale, from a wagon,
shall be and are hereby declared, wholesale peddlers, and be-
fore undertaking to make any such sales, shall obtain from
the Mayor a written permit to make the same, and shall be
charged for such permit, seven dollars for the first day they
are engaged in selling, and five dollars f^reach additional day.
Sec. 3. Retail peddlers, as the same are defined in the first
section of this ordinance, shall, before undertaking to make
sales, pay to the Treasurer, the sum herein required for a
license, and take from the Treasurer, duplicate receipts, one
of which shall be presented to and left with the Mayor, who
shall thereupon direct the proper license to issue to the ap-
plicant therefor.
LICENSES. 93
Sec. 4. Wholesale peddlers, as they are herein defined,
shall, before offering to sell, pay to the Treasurer the amount
herein required for the number of days they desire to sell,
who shall give receipts in duplicate, one of which shall be
left with the Mayor, who shall thereupon order to issue "a
written permit, authorizing sales for the number of days for
which they have paid.
Sec. 5. Any person violating any of the provisions of this
ordinance, shall, upon conviction thereof, be fined in a sum
not less than the amount required for the license or permit, as
the case may be, and not more than one hundred dollars.
I
CHAPTER XXX.
LICENSES.
An Ordinance regulating Sales in the Streets.
1. Vendors of goods, wares and merchan- I 2. Applicant to pay license fee.
dise, must obtain license. I 3. Penalty.
Be it ordained by the City Council of the City of Muscatine :
Section i. That it shall not be lawful for any traveling
vendor of goods, wares, or merchandise, of any description,
to expose such goods, wares or merchandise for sale, in any
of the streets or alleys, or other public grounds of said city,
from stands erected in said streets, alleys or other public
grounds, or by occupying any part of said streets, alleys or
other public grounds, for teams or vehicles of any kind used
as stands, for the sale of any of the above mentioned articles,
without having first procured from the Mayor of said city, a
written permit for that purpose.
Sec. 2. Any person who is desirous of obtaining a permit
for the purpose aforesaid, shall pay to the City Treasurer, for
the use of said city, a sum not less than five dollars, nor more
than twenty-five dollars per day, and a fee of fifty cents to
the officer giving such permit.
Sec. 3. Any person violating the provisions of this ordi-
nance, shall forfeit the sum of fifty dollars, for each day he
shall be guilty of such violation ; such penalty to be recov-
ered by summary process before the police court.
04
ORDINANCES.
CHAPTER XXXI.
LICENSES AND PERMITS.
An Ordinance prescribing the Fees to be paid for issuing
Licenses and Permits.
Be it ordained by the City Council of the City of Muscatine :
Section i. That the Recorder shall be entitled to receive
the sum of one dollar, for issuing a license to a Circus or
Menagerie, and the sum of fifty cents for issuing all other
licenses, and the same sum for issuing permits. The fees for
issuing such licenses or permits, shall be paid by the appli-
cants, or applicants therefor, before the same are issued.
CHAPTER XXXn.
MISDEMEANORS.
An Ordinance declaring certain offenses to be Misdemeanors,
and punishing the same.
1. Offenses declared misdemeanors.
2. Disturbing the peace of the public, or
of private individuals.
3. Permitting disturbances in house, or
on premises.
4. False alarm of fire.
5. Keepers, inmates, and frequenters of
bawdy or assignation houses.
6. Indecent exposure in a dress belonging
to the other sex, or indecent or lewd be-
haviour; exhibiting lewd books or pic-
tures ; performing immoral or lewd plays.
7. Bathing in the Mississippi River in the
day time.
8. Pasting bills or notices in places for-
bidden.
9. Throwing stones or other hard sub-
stances.
10. Coasting.
11. Discharging fire arms, cracking torpe-
does, squibs, etc., or throwing fire brands.
12. Driving sleigh without bells.
13. Cleaning snow and ice from sidewalk;
who to do it and when to be done.
14. Speed of cars; unnecessary whistling,
ringing of bell ; duty of engineer and fire-
man.
15. Swindling, and devices for swindling.
16. Stallions, jacks or bulls, how to be
kept.
17. Flesh of animals that die a natural
death, or are killed out of the ordinary way
of butchering, or tainted, or unsound fiesh,
butter, lard or vegetables, oftered for
sale.
18. Persons found drunk in public places,
or in a drunken sleep on private premises,
without permission.
19. Vagrants.
20. Inhuman treatment of animals.
21. Carrying concealed weapons.
22. Resisting and willfully refusing to as-
sist officer.
23. Interfering with the Mayor, or other
officer in the discharge of his duty.
24. Punishment.
25. General provisions.
Be it ordained by the City Council of the City of Muscatine :
Section i. That the several acts and offenses, named in
this ordinance, are hereby declared to be misdemeanors.
MISDEMEANORS. 95
Sec. 2. Any person or persons, who shall disturb the quiet
of the city, or of any lawful assembly of persons whatso-
ever, or of any locality or neighborhood, family or person,
within the city, by any loud or unnecessary noise, by blowing,
horns or other instruments, by ringing- bells, or rattling, or
making any unnecessary noise with kettles, or other sounding
vessels, or instruments ; by hallooing, shouting, bellowing,
howling or screaming ; by indecent, or obscene, or profane
language or conduct ; or by threatening, quarreling or fight-
ing, or by assaulting, or challenging to fight, shall be deemed
guilty of a misdemeanor.
Sec. 3. Any person keeping, or having charge of any house,
building, shop, or place of any description, who shall suffer or
permit therein, any loud and boisterous talk, or conversation,
or any profane or obscene language, or any species of disor-
der or tumult, which may alarm or disturb the neighborhood,
or persons passing on any public street or highway, shall be
deemed guilty of a misdemeanor.
Sec. 4. Any person who shall knowingly cause a false
alarm of fire, shall be deemed guilty of a misdemeanor.
Sec. 5- Any person keeping, or having charge of, or being
an inmate of a bawdy house, or house of ill-fame, or house of
assignation, to which persons resort for purposes of prostitu-
tion, shall be deemed guilty of a misdemeanor. Any person
found in such house, whether male or female, will be deemed
to be there for an immoral purpose, and shall be considered
guilty of a misdemeanor.
Sec. 6. Any person who shall publicly exhibit himself or
herself, in a nude condition, or in a dress not belonging to his
or her sex, or in any indecent or lewd dress, or shall be guilty
of any indecent behavior, or lewd act, or shall exhibit any in-
decent or lewd book or picture, or shall exhibit or perform any
immoral or lewd plays, or other representations, shall be
guilty of a misdemeanor.
Sec. 7. Any person who shall bath, wash, or swim in the
Mississippi river, within the city limits, in the day time, unless
in some bathing house therein, when naked, or insufficiently
clad, shall be deemed guilty of a misdemeanor.
Sec. 8. Any person who shall post, or cause to be posted,
any bill, placard, poster, or notice, on any building, wall or
fence, on which the owner thereof shall have posted a notice
in the words, ''Post no bills," or any notice of the same
purport, shall be guilty of a misdemeanor.
Sec. 9. Any person who shall throw stones, sticks, or other
hard substances, or snow balls, on, along, or across any street,
alley, or other public highway, or in any public place ; or who
^ ORDINANCES.
shall throw stones, or any other dangerous or offensive sub-
stances, at any steamboat, or other boat ; any locomotive, or
railroad train ; or at any house or other building, shall be
guilty of a misdemeanor.
Sec. io. Any person, who shall make use of any street, or
sidewalk for sledding or coasting, except such street as the
Marshal may designate to such use, shall be guilty of a mis-
demeanor.
Sec. II. No person shall be permitted to discharge any
kind of fire arms, set off fire crackers, torpedoes, squibs, or
other articles containing explosive materials, throw fire balls,
made of combustible material, or make bonfires. This section
is not to extend to any manufacturer, trying or proving arti-
cles manufactured by him, nor to the shooting of dogs, by
any one authorized so to do, by ordinance.
Sec. 12. Every person who shall drive a sleigh, cutter, or
other similar vehicle, on any street, or other public highway
of the city, shall have bells attached to the horse or vehicle.
Any person so driving without bells, as above required, shall
be deemed guilty of a misdemeanor.
Sec. 13. It shall be the duty of every person occupying
any house, or building, fronting on any sidewalk of wood,
brick, stone, or other substance, and of every person owning
unoccupied property so fronting, to have any snow or ice that
may have fallen, or been formed on such sidewalk, cleared off
the same by nine o'clock in the morning, and to keep the same
cleared. Where there are several occupants of a building,
fronting on a sidewalk, it shall be the duty of the person or
persons occupying the first or ground floors, to keep such
sidewalks clear of snow and ice. Every person neglecting to
clear off said side walk by the hour herein named, or to keep
the same free from snow and ice for the space of twenty-four
hours, after the same shall have fallen, or been formed, or ac-
cumulated, shall be deemed guilty of a misdemeanor ; and
shall be guilty of a separate offence every twelve hours such
sidewalk shall remain so encumbered, after notice from the
Marshal, or any police officer, to remove and clear off the same.
Sec. 14. No cars shall be run within the city limits at a
greater rate of speed than six miles an hour, nor shall any unnec-
essary whistling be done by any locomotive, while the same is in
motion or at a stand. Every locomotive shall have a bell, of
sufficient size and tone, which shall be kept ringing, while
passing through the city. Any engineer, fireman, or other
person, whose duty it shall be to comply with the provisions
of this section, and who fails so to do, and any person who
violates any of its provisions, shall be guilty of a misdemeanor.
I
MISDEMEANORS. 97
Sec. 15. Every person who engages or aids in any game,
device, trick or scheme designed, or intended to cheat, swindle
or defraud any one out of any money, or other property, or
who shall attempt, or aid in attempting, to cheat, swindle
or defraud any one of any money or property, by any game,
trick, scheme, or device, or who has in his or her possession
in the city, any implement, token or device, used in any game
of chance, sleight of hand, trick or scheme, calculated or in-
tended to cheat, swindle, or defraud anyone out of money or
property, shall be deemed guilty of a misdemeanor, and be
punished accordingly.
Sec. 16. No person shall keep within the city, to let to
mareSj jennies or cows, any stallion, jack or bull, without pro-
viding an enclosure, so constructed and situated, as to exclude,
effectually, all view from the outside, and prevent the noises
therein from being heard by those in the vicinity, and who
shall not, in addition thereto, have received from the Mayor,
a written permit to use such stallion, jack or bull, at such
place. Any person violating the provisions of this section
shall be deemed guilty of a misdemeanor, and shall be pun-
ished accordingly.
Sec. 17. Any person who shall sell, or offer to sell, or ex-
pose for sale, in the city, the flesh of any animal that was
diseased, overheated, or run down by dogs, at or before the
same was butchered or slain, or that had died a natural or
violent death, out of the usual manner of killing animals for
food, or shall sell, or expose for sale, any putrid, blown,
tainted or unsound meat or flesh, or any rotten or unsound
eggs, butter, lard, vegetables, fowls, game, or other unsound ar-
ticles of food, shall be deemed guilty of a misdemeanor,
and punished accordingly.
Sec. 18. Any person who shall be found drunk or intoxi-
cated, on any street, or other public place in the city, or who
shall be found in a drunken sleep on any street, alley or other
public place, or on any private property not his own, nor in
the occupancy of the person with whom he lives, and being
unable to show the permission of the occupant, shall be
deemed guilty of a misdemeanor ; and it shall be the duty of
any member of the police force, to arrest and commit any per-
son so found drunk or intoxicated, until he shall have become
sober, and then bring him before the Police Judge for trial.
Sec. 19. Any person able to work and support himself, in
any honest and respectable calling, who shall be found loiter-
ing or strolling about any street, alley, or any other public
highway or place, or in any private place within the city, not
having any regular or lawful business, or who shall occupy for
the purpose of lodging, or any other purpose, any barn, shed,
13
98 ORDINANCES.
shop, or place, other than such as is kept for that purpose,
without permission of the person entitled to the occupancy
thereof, or having charge of the same ; all prostitutes, all
frequenters, occupants, solicitors and keepers of bawdy-
houses, or places for the resort of prostitutes or lewd women ;
all gamblers, tricksters and disorderly persons ; all gypsies,
fortune tellers, street beggars, and all persons without visible
and lawful means of support or livelihood, who shall be found
in the city, are declared vagrants, and shall be deemed guilty
of a misdemeanor, and punished accordingly.
Sec. 20. Any person who shall inhumanly treat, injure,
overload, overwork, turn out to die, or otherwise abuse or
maltreat any dumb animal, shall be deemed guilty of a mis-
demeanor, and be punished accordingly.
Sec. 21. Every person who shall be found carrying any
dangerous weapon, concealed on his or her person, shall be
deemed guilty of a misdemeanor, and punished accordingly.
This section shall not apply to police officers, and other per-
sons whose duty it is to execute process or make arrests.
Sec. 22. Whoever shall unlawfully resist any police officer
of the city, in the discharge of his duty, shall be deemed
guilty of a misdemeanor ; and any person willfully refusing
to assist a police officer in making an arrest, when called upon
so to do, shall be deemed guilty of a misdemeanor, and pun-
ished accordingly.
Sec. 23. Any person who shall interfere with the Mayor of
the city, or any police officer, or any other person authorized
and required to enforce the laws of the city, to prevent, hinder
or delay such officer or person, in the execution of any of the
duties required of him, by any of the ordinances of the city,
or by any of the provisions of the Charter, or by any general
law applicable to the city, shall be deemed guilty of a misde-
meanor, and be punished accordingly.
Sec. 24. The punishment for any of the offences herein
described as misdemeanors, (when the penalty is not in some
other ordinance specified,) shall be a fine of not less than one
dollar, nor more than one hundred dollars and costs, and by
imprisonment in the jail until such fine is paid ; such impris-
onment, however, not to exceed thirty days. Where any
other ordinance describes an offence as a misdemeanor, with-
out designating the penalty therefor, the punishment shall be
the same as herein specified.
Sec. 25. Where any ordinance, in general terms, imposes a
penalty, forfeiture, or fine for the violation of any of its pro-
visions, and nothing is said therein in regard to imprisonment
for the failure or refusal to pay such penalty or fine, such vio-
lation shall be regarded as a misdemeanor, and punishable, as
NUISANCES.
99
such, by fine or imprisonment, as herein provided. Where,
however, such ordinance limits the penalty or fine it au-
thorizes, to a sum less than one hundred dollars, nothing
herein contained shall be construed to enlarge or increase such
penalty or fine.
CHAPTER XXXIII.
NUISANCES.
An Ordinance in relation to Nuisances.
1. Extending sign more than three feet
from wall, or nearer than eight feet from
sidewalk,
2. Awnings, relating thereto.
3. Merchants not to use more than two
and one-half feet of sidewalk for exhibiting
goods. Must be next building. Goods not
to be suspended more than two feet from
building, or to incommode passage.
4. Piling lumber, wood and timber on
highways, and incumbering them with boxes
and other material. May be used for re-
ceiving and delivering goods, but not longer
than two hours, or for unloading wood.
5. Permit may be granted by Mayor for
using part of street for erection or re-
pair of building. Gutters must be kept
clear. Conditions of permit must be ob-
served.
6. Excavating on line of stre.et for cellar
or otherwise, proper barriers must be pro-
vided.
7. Sweepings, shavings, mud, ashes,
straw, rubbish, etc., not to be thrown on any
sidewalk, gutter, street or alley; dirt or
rubbish not to be unloaded from any cart,
etc., except as directed by the Street Com-
missioner.
8. Dead carcass and other things not to
be thrown or left on any public ground or
sluice-way, gutter or water-course, or sewer,
or open common, or left exposed on private
premises.
9. Beasts of burden must be properly fast-
ened, or in care of proper person.
10. Passage on streets, or to and from
alleys, must not be impeded.
11. Vehicle in street, standing so as to in-
terfere with convenient use of highway,
must be moved on request.
12. Immoderate driving forbidden. Must
not drive on sidewalk, or hitch so as to get
on and stand on sidewalk.
13. Public grounds not to be dug into, or
anything pertaining thereto taken away, ex-
cept by consent of Council. No filth or
other nuisance to be thrown or left thereon.
14. Foul or poisonous liquor not to be dis-
charged from any factory. Stale or putrid
fat or grease not to be kept, collected or used
by any butcher or chandler. Dead carcass
on private ground, or excrement or filth,
must have covering of earth sufficient to
prevent smell.
15. Gutters from houses, or waste water
Irom wells or cisterns, must not be dis-
charged on sidewalk.
16. Privies, how to be constructed, and
when.
17. Privies that are foul and emit smells,
must be cleansed and purified. Order
of Marshal or Health Inspector, to be
obeyed.
18. Hog pens ; where and how to be kept.
19. Slaughter house, soap factory and tal-
low chandlery, cannot be operated without
permit from Council.
20. Slaaghter houses, soap factories and
chandleries, how to be conducted.
21. Hospital, buildings used for; must
have permission from City Council, and
consent of neighboring property owners.
22. Prohibiting the manufacture of gas in
certain limits.
23. Nuisances that are declared such at
common law, or by the statutes of Iowa, are
declared nuisances by the ordinance.
24. How nuisances are to be abated, and
at whose cost.
25. What persons ordered to abate nuis-
ance may do, if they wish to inquire into
their liability.
26. Duty of Mayor, in cases where liability
to remove nuisances is submitted to him.
Be it ordained by the City Council of the City of Muscatine :
Section i. No person shall be permitted to erect, or suffer
ICX) ORDINANCES.
s
to remain, any sign of wood, cloth or other material, that
shall extend over the sidewalk more than three feet from the
line of the building to which such sign is attached, or nearer
than eight feet to the sidewalk immediately below it.
Sec. 2. No person shall hereafter place any post, rail, or other
obstruction, in any of the streets, alleys or highways of the city,
for the purpose of fastening thereunto, any awning, or erect any
shed, or awning of boards, projecting into or on any street,
alley, or other public highway, or drop any awning nearer
than seven and one-half feet from the sidewalk, immediately
below, and suffer the same to continue, so as to incommode
passage, or interfere with the view from the sidewalk, into or
across the street.
Sec. 3. No merchant, trader, manufacturer, or other person
having any goods, wares or commodities for sale, shall be per-
mitted to occupy more than two and one-half feet of the side-
walk, immediately in front of his place of business, for the
exhibition of any articles he may have for sale. The two and
one-half feet here allowed him, must be next to and adjoining
his place of business. Any such person occupying any other
portion of the sidewalk, or of the streets, for the exhibition
of his goods, wares and commodities, shall, on conviction
thereof, be punished for a violation of this section. No person
shall hang or suspend from his place of business, any goods or
merchandise, intended for sale, at a greater distance than
two feet from the building, or other erection, and no goods or
merchandise, shall be so hung or suspended, as to incom-
mode passage.
Sec. 4. No person shall be permitted to pile timber, lum-
ber or wood, on any of the streets, alleys or other highways
of the city, or to incumber the same with boxes, timber, lum-
ber, wood or any other material. This section shall not be
construed so as to prevent any merchant, or other persons en-
gaged in trade, from using the streets and public thorough-
fares, in receiving and delivering goods, or to prevent the un-
loading of wood, or any other article, belonging to the occu-
pant of the adjacent premises, and to be taken thereto.
Merchants and other traders, receiving or delivering goods,
must not suffer the same to remain in the street, or on the
side walk, longer than two hours ; and wood and other arti-
cles intended for use, must be removed without unnecessary
delay.
Sec. 5. Any person engaged in the erection or repair of a
building, may obtain from the Mayor, a permit to occupy a
portion of the street, immediately in front of such building,
and may place thereon material intended for such building.
I
NUISANKESi. ..,^.^ lOI
Such permit shall be in writing, and shall specify how much
and what part of the street shall be so occupied. The Mayor
may include in the permit, such conditions as a due regard
for the convenience of the public may require. It shall be
the duty of the person, to whom such permit is granted,
whether the same is made a condition of the permit or not,
to keep the gutters free from obstructions. Such occupancy
must not be prolonged for an unreasonable length of time.
Any person, to whom a permit is given, who shall violate
the conditions included therein, shall forfeit all the rights
given by such permit, and such violation shall be deemed a
violation of the provisions of this section, and he may be
prosecuted therefor.
Sec. 6. Any person who shall make any excavation for a
cellar, or for any other purpose, in the line of any street,
alley, or other open and exposed place, shall immediately en-
close the said excavation with proper and suitable barriers, as
a protection against accident and injury to persons or animals.
Sec. 7. No person shall throw, or cause to be thrown, any
sweepings from any store, room, or other building, shavings,
ashes, mud, straw, rubbish, dung, or any other filth or annoy-
ance, on any pavement or sidewalk, or in the gutter, street,
alley, or other highway, or shall unload, or drop from any cart,
wagon, or other vehicle, any rubbish, earth or dirt, in any
street, alley, or other public thoroughfare, or upon any public
ground, except by the direction of the Street Commissioner,
who shall designate the place where the same shall be un-
loaded or dropped.
Sec. 8. No person shall throw in any street, alley or other
public thoroughfare, or into any sewer, gutter, sluice way or
water course, upon any public ground, or on any open com-
mon, or leave exposed upon any lot or ground he may be oc-
cupying, the dead carcass of any animal, or any putrid or un-
sound flesh, fish, house dirt, offal, filth, or waste matter of any
kind, or any putrid or unsound substance.
Sec. 9. No person shall leave any horse, mule or jack, upon
any street, alley, or other public thoroughfare, or upon any
open and unenclosed ground in said city, except under the
immediate care of some person capable of controlling such
animal, or without having the same properly fastened, or other-
wise properly secured, against running off or breaking away.
Sec. 10. No person shall stop any wagon, dray, carriage
or other vehicle, so as to interfere with the convenient pas-
sage, on any street or public road, or to interrupt egress or in-
gress to or from any alley.
I02 ORDINANCES.
Sec. II. No wagon, dray, or other vehicle, shall be permit-
ted to stand, or to remain upon any street, alley, or other
public thoroughfare in the city, in such a situation as to in-
terfere with the convenient use of the same. Any person
having charge of such wagon, dray, carriage or other vehicle,
shall remove the same, at the request, either of a police offi-
cer, or a private citizen.
Sec. 12. No person shall be permitted to ride or drive any
horse, mule, or other beast of burden, whether attached to a
vehicle or not, in any street, alley or other highway of the
city, or upon any unenclosed ground, where persons may be
collected, faster than an ordinary traveling gait. Nor shall
any person ride or drive, or lead any horse, or other beast of
burden, on any sidewalk of the city ; nor shall any person
hitch or leave any horse, mule, or other beast of burden in
such manner that it can get upon, and stand on the sidewalk.
Sec. 13. No person shall dig into the wharf, public square,
or other public ground belonging to the city, or take there-
from any earth, dirt, rock, or other thing belonging to such
wharf, public square, or other public ground, except by au-
thority of the Council ; nor shall any person throw, leave or
deposit on any such wharf, public square or other public
ground, anything which, by the provisions of this ordinance,
is forbidden to be thereon left.
Sec. 14. No person having the control and management of
any factory, work shop, or other building, within the limits of
said city, shall discharge, or suffer to be discharged there-
from, any foul or poisonous liquor, of any kind whatsoever,
into or upon any adjacent grounds, or in any well, vault or
sink ; or into any of the streets, alleys or other public high-
ways ; nor shall any butcher or tallow chandler, keep, collect,
or use, or cause to be kept, collected or used, within said city,
any stale, putrid or stinking fat, grease or other matter ; nor
shall any person lay or throw the dead carcass of any ani-
mal, or any excrement or filth, from any privy, without cover-
ing such carcass, or excrement, or filth, with earth sufficient
to prevent any stench or smell arising therefrom.
Sec. 15. No person shall have the gutters of his house so
constructed or placed, as to discharge the waters therefrom
on the sidewalk ; nor shall any person, owning or controlling
any well or cistern, suffer the waste water therefrom to be
discharged on any sidewalk or street.
Sec. 16. Any person who shall hereafter construct, or cause
to be constructed, any privy or privy vault in the city, shall
place the same so that it shall be distant, at least two feet
from the line of the adjoining lot, (unless the owner of the
NUISANCES. 103
adjoining lot shall agree that it be placed nearer) and the same
distance from the line of any street, alley,. or other public
highway. Such privy vaults shall be not less than four feet in
depth, and shall be securely and substantially walled ; and if
the depth of such vault be six feet or more, it shall be walled
with brick or stone, in a substantial and durable manner. All
privy vaults shall be so constructed as to be easily cleaned.
Sec. 17. When any noxious or offensive odors are emitted
from any privy, which may affect the health or the comfort of
the neighborhood, it shall be the duty of the owner, his
agent, or the occupant of the premises, to disinfect said
privy without delay, and to cleanse it, so as to prevent a re-
currence of such odors. The Marshal or any health officer of
the city, may, upon complaint being made to him, order
the owner, his agent, or the tenant, to disinfect and cleanse
the said privy forthwith. If such order is not complied with
within twenty-four hours, the officer shall proceed to have
the said privy disinfected or cleaned, and the owner, or the
tenant, or both, when the order has been given to both, shall
be liable for all the expenses thereby incurred, and a civil
action may be instituted for the recovery of such expenses.
In addition thereto, such person or persons shall be liable to
a fine for a violation of this ordinance.
Sec. 18. No person shall keep any hog pen, in which hogs
or pigs ane kept, within eighty feet of any dwelling house but
his own, or which may, in any way, annoy the neighboring
residents ; nor shall any pig pen, be so placed, that the slops
or filth therefrom will be discharged on the land of the ad-
joining owner, or upon any street, alley or other public highway.
Sec. 19. No person shall use any building for a slaughter
house, soap factory, or tallow chandlery, without first ap-
plying to, and getting permission from the Council, to so use
such building. The Council may, in granting such permis-
sion, include therein such conditions as a due regard for the
health and comfort of the public may seem to require.
Sec. 20. No slaughter house, or place where animals are
slaughtered, soap factory, chandlery or glue factory, shall be
so conducted as to be prejudicial to the health, or an in-
terference with the comfort of those in its vicinity. All per-
son having charge of any such business, shall use all proper
precautions to prevent annoyance to the public, and any per-
son violating any condition imposed by the Council in its
permission to use any building, or place for any of the purposes
mentioned in the section immediately preceding, shall be
deemed to have violated the provisions of this ordinance, and
shall be liable to a fine therefor. In addition thereto, the
I04 ORDINANCES.
Council may revoke such permission, and steps may be taken
to have the matter complained of abated as a nuisance, as in
this ordinance provided.
Sec. 21. No hospital shall be established, and no building
for the reception and medical treatment of sick or diseased
persons, within the limits of the City of Muscatine, by any
person, association or corporation, without a special permit
from the City Council, authorizing- the establishment of such
hospital, or the use of a building for the purpose aforesaid.
Before such permit shall be granted, the written consent of
the owners of not less than three-fourths of the block upon
which such hospital or building is situated, and also a like
number of the owners of the block opposite thereto, must
first be had, and presented to, and left with, the Council.
Sec. 22. That it shall not be lawful for any person or com-
pany, to manufacture gas. or erect gas works, within the cor-
poration, west or south of Oak street, or north or east of
Broadway, under a penalty of one hundred dollars per month
for every violation.
Sec. 23. The various matters, the doing of which, or the
suffering of which to be done, is herein forbidden, are hereby
declared nuisances. In all cases where no provision is made
herein, defining what are nuisances, and how the same may be
removed, abated or prevented — those offences which are
known to the common law of the land, and the statutes of
Iowa, as nuisances, may, in case the same exist within the
city limits, be treated as such, and be proceeded against as in
this ordinance provided, or by any other law which shall give
the tribunal trying the same, jurisdiction.
Sec. 24. When any nuisance exists, such as is contemplated
in this ordinance, it shall be the duty of the Marshal, or
Health Inspector, if there be such officer, or any health offi-
cer, when apprised of the same by the Mayor, or any Alder-
man of said city, or any other resident of the city, forthwith
to cause the same to be removed, abated, or its further exis-
tence or spread prevented ; and when this ordinance does not
define how the same shall be prevented or removed, the same
shall be done by the Marshal or Health Inspector, or other
officer, at the expense of the person placing the same within
the city, or suffering the same to exist on or about their
premises, at his, her or their expense ; and for all abating or
removing under this, or by virtue of any other law, or ordi-
nance of the Council, hereafter passed, by the proper officer,
or under his instruction, the person or persons whose duty it
should have been to remove or abate the same, shall pay all
reasonable costs and charges for the same, together with
NUISANCES. 105
twenty per cent, added thereto, as a compensation to the
proper officer for removing the same, and on neglect or refu-
sal to pay the same, such person or persons shall be liable to
a fine of not less than double the amount of such costs, and
charges, and costs of suit, to be recovered, on prosecution of
said party before the Police Judge of said city, and he, she or
they may stand committed, until such fine and costs are paid,
provided such imprisonment shall not exceed thirty days.
Sec. 25. When the Marshal or Health Inspector, or other
health officer, shall notify any person or persons that a nuis-
ance exists in, or about, or on, his, her, or their premises, that
he, she, or they, are required to remove, abate, or prevent,
such person or persons, may have the same inquired into,
whether they are liable to remove, abate or prevent said
nuisance, by forthwith notifying the Marshal or Health In-
spector, or other health officer of the fact, and giving notice
to the Mayor of said city within six hours, that he, she, or
they, are not liable to comply with the order of the Marshal,
or health inspector, or other health officer, and he, she or
they desire that the same be inquired into. Said notice to
the Mayor shall be in writing, and signed by the party deny-
ing that it is his, her or their duty, to remove, abate, or pre-
vent such nuisances.
Sec. 26. It shall be the duty of the Mayor, on his receiving
the notice in the last section, forthwith to inquire into the
same, to take testimony in the matter, and determine the same
on the very right of the case, as in this ordinance required,
or as the laws of the land may require. And in case the
Mayor shall find that it ib the duty of such person or persons
requiring such inquiry to be made, to remove, abate, or prevent
such nuisance, heshallenterafine of not more than one hundred
dollars and costs of suit against such persons, and shall also
issue an order to the Marshal or Health Inspector, or other
health officer, to forthwith remove, or abate, or prevent such
nuisance, and such person or persons shall pay double the
amount of costs and charges for such abatement, removal and
preventing, as is provided by this ordinance, and to be re-
covered in like manner ; and where it can be done, the ex-
pense thereof may be assessed against the lot from which such
nuisance was removed, and collected as a special tax.
14
I06 ORDINANCES.
CHAPTER XXXIV.
NUISANCES. STAGNANT WATER.
An Ordinance providing for the drainage of lots or grounds,
on which water has been allowed to remain and become
stagnant.
1. May be drained or filled up by order 2. Neglect. Marshal may fill or drain at
of the Council. Notice to owners, how expense of city, and costs become a lien on
given. premises.
Be it ordained by the City Council of the City of Muscatine :
Section i. Any lot or other ground within the city, upon
which water collects, and becomes stagnant, shall be raised,
filled up, or drained, as the Council may order or direct.
And it is hereby made the duty of the Marshal, when directed
by the Council, to give notice to the owner of such lot, or
other ground, or the agent or proper representative of such
owner, if residing in the city, and to non-resident proprie-
tors, who have no agent or representatives, by publication in
some newspaper printed in said city, for one week, to fill up
such lot to such height, or to drain it in such manner as the
order of the Council may designate, which shall be done
within twenty days after the service of such notice, or the ex-
piration of the time limited for the publication aforesaid.
Sec. 2. If such owner, or the agent or representative of
such owner, shall refuse or neglect to fill up or drain such lot
or other ground, in the manner and within the time pre-
scribed in the order of the Council for such filling or draining,
the Marshal shall have the same done at the expense of the
city, and report the amount thereof, with all costs arising
therein, to the City Council, and the Council shall thereupon
assess such expense and costs on the lot or lots, or other
ground so filled or drained, as a special tax, which special
tax shall bear the same rate of interest, and be collected as
other special taxes are collected.
CHAPTER XXXV.
NUISANCES. SURFACE AND OTHER WATERS.
An Ordinance in relation to surface and other waters, and
to prohibit obstructions to the flow thereof.
I. Owners or lessee of lot or other ground
over which surface or other water drains,
grading or filling it, must provide proper
passage way for such water. Must make no
dam or embankment to obstruct the flow
of such water, or cause it to gather on the
public thoroughfares, public property, or the
private property of another.
2. When city may make such drain, or
passage way, and tax the cost of the same
to the property.
3. Penalty.
Be it ordained by the City Council of the City of Muscatine :
Section i. That where any owner, or lessee of any lot, or
I
SURFACE AND OTHER WATERS. 10/
part of lot, or other tract of ground, within the limits of this
city, extending into, across, or bordering on any hollow or
ravine, which constitutes a drain for surface water, or a water
course of any kind, is desirous of grading or filling the same,
and such grading or filling, or any dam or embankment that
he may erect, or cause to be erected, on such lot or part of
lot, or other tract, will have the effect to obstruct the flow
of such water, and cause the same to accumulate on any
public thoroughfare or public property, or on any private
property within the limits of the city, belonging to another,
he shall construct a drain or passage way through such lot,
part of lot or ground, of sufficient capacity to readily carry
off and discharge such water, at some place on such lot, part
of lot or ground, where such waters have been accustomed to,
and would naturally flow.
Sec. I. If such drain or passage is not properly constructed,
or is of insufficient capacity, or from any cause fails to carry
off the water with reasonable promptitude, the Council may,
on complaint being made to it, designate the size, kind,
length, and course of such drain or passage way, and the time
within which it shall be completed. If the owner or lessee of
such lot, part of lot, or tract of ground, fail to make such
drain or passage way of the kind, or within the time, pre-
scribed by the Council, the Council may order a proper and
sufficient drain, or passage way, to be made over or through
said lot, part of lot, or tract of ground, at the expense of the
owner, and assess the cost thereof as a special tax on the lot,
or part of lot or ground, through or upon which such drain or
passage way may have been constructed.
Sec. 3. Any such owner or lessee making such drain or em-
bankment, or doing such grading or filling, without making
the drain or passage way herein required, and water is thereby
accumulated in the public thoroughfares of the city, or upon
the property of the city, or the property of private individuals,
shall further be deemed guilty of a misdemeanor, and on con-
viction thereof, be punished by a fine of not less than five, nor
more than one hundred dollars.
io8
ORDINANCES.
CHAPTER XXXVI.
OFFICERS.
An Ordinance relating to certain Officers of the City, and
their duties.
1. Mayor shall see that the ordinances of
the city are observed and enforced. May,
with the approval of the Council, remit for-
feitures and penalties. Shall from time to
time give information, and make recommen-
dations to the Council.
2. Shall call special meetings of the Coun-
cil; when. Marshal to notify members of
such special meetings.
3. To preside at meetings of the Council,
and give the casting vote.
4. Has general supervision over city offi-
cers, and may examine into the condition of
the business of their offices.
5. To report to the Council, official derelic-
tions. Must call meeting's of Council when
the city funds are endangered.
6. Is conservator of the peace, and may
call to his aid any male inhabitant in re-
pressing violations. Penalty for failing to
obey order of Mayor.
7. Shall sign all contracts in behalf of the
city, and see that they are complied with.
8. Shall deliver receipts of the Treasurer
to the Recorder.
9. Salary of Mayor.
10. Aldermen, duties of. When lined for
non-attendance on meetings of Council.
11. Salary of Aldermen.
12. The Recorder shall take charge of city
seal, when directed by the Mayor, and suffer
no one to handle it but himself and the
Mayor. He shall have the charge of all
public papers and records, and shall record
all bonds.
13. Shall furnish the Mayor with an ab-
stract of unfinished business, and keep a
record of Council proceedings. Shall re-
cord, attest, and index ordinances, and pre-
serve proof of their publication.
14. Shall make report to the (Jouncil of all
monies received and expended during the
year, from what source received, and for
what purposes expended.
15. Recorder to furnish copies to 'any city
officer, and, upon payment, to others.
16. Salary of Recorder.
17. City Collector to make full report, for
the past year, to the City Council, in Jan-
uary, What the report must contain.
18. Compensation of City Collector.
19. Treasurer to receive money belonging
to the city, and pay the same out as or-
dered by the C^ouncil. Must make report in
March; what such report must show.
20. To keep an accurate account of monies
received and disbursed by him. How his
accounts are to be kept.
21. Must pay orders out of the fund in
which they are drawn. When warrants or
orders may bear interest.
22. Must deliver to his successor, books,
papers, money, etc., belonging to the
city.
23. Salary of Treasurer.
24. Street Commissioner must see that
streets and alleys are kept in proper repair
When he shall confer with the Committee on
Streets and Alleys. Can make no improve-
ment except by order of the Council.
25. To employ labor for the streets.
26. Must report to the Council at each
regular meeting. What such report must
set forth. Duty of Council when such re-
port is presented.
27. Mayor must furnish the Council at its
first meeting in April, an estimate of street
expenditures ior the year. Estimate con-
curred in by Council to serve as a guide for
such expenditures.
28. Salary of Street Commissioner.
29. Duties of other officers.
30. Officers of the city prohibited from
using city funds for their own use, or specu-
lating therewith.
Be it ordained by the City Council of the City of Muscatine :
MAYOR.
Section i. That the Mayor shall be the chief executive
officer of the city, and shall see that the ordinances of the
city are duly respected, observed and enforced, within the
I
>' OFFICERS. 109
limits of the city. He shall have power, with the approval
of the Council, to remit, in whole or in part, forfeitures and
penalties, accruing under, or imposed for the violation of any
ordinance of the city, and he shall, from time to time, give to
the Council information concerning the affairs of the city7
and recommend to its consideration such measures as he may
deem of importance to the interests of the city.
Sec. 2. He shall, on the request of any two members of
the Council from different wards, call special sessions of the
City Council, by notice given through the Marshal, or his as-
sistant. He may, on his own motion, call such meetings,
whenever, in his judgment, the interests of the city require it,
and direct the Marshal to serve notice thereof. When special
meetings are called, the Council shall, when assembled, be in-
formed of the cause for which it has been convened.
Sec. 3. He shall be present at all meetings of the Councih
and shall act as President thereof; and when there is a tie
upon any question before the Council, he shall give the cast-
ing vote. He shall sign all ordinances passed by the Council.
Sec. 4. The Mayor shall have a general supervision over
all city officers, and may, as often as he shall deem necessary,
examine into the condition of their respective offices, the
books, papers and records therein, the manner in which
the business of the office is conducted, and may call upon the
officers of the city for information, in relation to any matter
pertaining to the business of their office.
Sec. 5. The Mayor shall report to the Council all violations
or neglect of duty, on the part of any city officer, which shall
come to his knowledge, and when he believes the city funds,
or property, are liable to be lost or injured, or in any manner
endangered, he shall at once call a meeting of the Council,
for the purpose of taking action in relation thereto.
Sec. 6. He shall be a conservator of the peace, within the
city, and may call to his assistance the police, and if necessary,
any male inhabitant of said city, to aid him in quelling or
preventing any riot, disorder, or unlawful assembly, or in pre-
venting or restraining any breach of the peace, within said
city. Any police officer, or male inhabitant of the city, who,
when so called upon, shall refuse to obey the orders of the
Mayor, shall, on conviction thereof, be fined in a sum of not
less than five, nor more than one hundred dollars.
Sec. 7. In all contracts between the city and any other
party, he shall sign the same in behalf of the city, ex-
cept when otherwise provided, and it shall be his special duty
to see that the other contracting party faithfully complies with
his, their, or its part of the contract.
no ORDINANCES. *
Sec. 8. He shall deliver to the City Recorder, all receipts
of the City Treasurer, upon which license, permits, etc., have
been granted, to the end that the several amounts therein
mentioned, may be charged up against the City Treasurer.
He shall also perform all other duties required of him by the
City Charter, and the various ordinances of the city, and
resolutions of the Council, and generally to look after and see
that the interests of the city are protected.
Sec. 9. The Mayor shall receive a salary of three hundred
dollars per annum, which shall be payable quarter yearly.
ALDERMEN.
Sec. 10. Each Alderman shall perform such duties as are
required of his office by the Charter and ordinances of the city.
It shall be his duty to attend every meeting of the Council,
general and special, of which he has had notice, and on fail-
ure to attend any of such meetings, he shall forfeit the sum
of three dollars, to be taken out of his salary. Such forfeiture
may be remitted by the Council, only when such absence is
occasioned by the sickness of himself, or of some member of
his family, absence from the city, or other unavoidable cause.
Sec. II. The Aldermen shall each receive a salary of one
hundred dollars per annum, for their official services.
RECORDER.
Sec. 12. The Recorder shall, when so directed by the
Mayor, have charge of the common seal of the city, and shall
affix it to all public instruments, or official acts of the Mayor,
which by law or ordinance are required to be attested by the
city seal. He shall, while said seal is in his charge, deposit it
in some secure place, and permit no one to handle or use
it but himself and the Mayor. He shall have the control of,
and safely keep, all public records, documents and bonds, ex-
ecuted to the city; ordinances, resolutions and orders of the
City Council, and such other papers and documents, pertain-
ing to city affairs, as may be delivered into his custody. It
shall be the duty of the Recorder to record at length, in his
journal, or in a separate book kept for that purpose, all official
and other bonds taken by the city.
Sec. 13. He shall attend all sessions of the Council, and
shall furnish the Mayor with an abstract of all unfinished
business ; he shall keep a true and faithful journal of the pro-
ceedings of the Council, and shall also enter in a separate
book, to be entitled, "Ordinance Book," a record of all ordi-
nances passed by the Council, with their titles, and the times
when they were passed. Each ordinance, when so entered,
shall be signed by the Mayor in the "Ordinance Book," and
OFFICERS. Ill
attested by the Recorder. All ordinances not published in
book form, shall be properly indexed in alphabetical order.
He shall see that each ordinance is published as directed by
the Council, and in the manner required by the Charter. He
shall also procure and preserve a printed copy of each ordi-
nance passed by the Council, by having the same pasted in a
proper manner, in a book for that purpose, together with the
proof of its publication. Such printed copy and proof may
be preserved in the ordinance book.
Sec. 14. It shall be the duty of the Recorder to prepare
and have ready, for the inspection of the Council, at the last
regular meeting of the outgoing Council in March of each
year, a full report of all monies received and expended by the
city, since the last annual election, with the source from which
the monies were derived, and the purposes for which they
were expended. He shall report at the end of his term, the
amount of orders allowed, and not drawn, in his hands, be-
longing to different persons ; and he shall also perform such
other duties as are, or may be, required of him by ordinance
or resolution, or order of the City Council.
Sec. 15. It shall be his duty to furnish to any city officer a
copy of any record, paper, or other public document, made or
filed in his office, when the same may be necessary to said
officer in the discharge of his official duties. He shall also
furnish such copies to any other person that may desire the
same, on the payment to him of twelve and a half cents per
hundred words.
Sec. 16. The Recorder shall receive a salary of five hun-
dred dollars per annum. In addition to the above allowance,
the Recorder shall be entitled to fees that are now, or here-
after may be allowed, for issuing licenses, making certificates,
furnishing transcripts of papers and records in his office, and
for affixing the seal of the city to such transcripts, for which
latter service, he shall receive the same compensation allowed
the clerk of the District Court, for similar services. In no
case, however, shall the city be required to pay for such
services.
COLLECTOR.
Sec. 17. The Collector of taxes for the city, shall, in addi-
tion to other reports required of him by ordinance, make a
full report to the Council, at its last meeting in January of
each year, in which he shall state the gross amount of city
taxes collected by him, for the year then ending. He shall, in
such report, classify the different funds, on account of which
taxes have been collected, and state what amount of tax be-
longing to each of said funds has been collected. He shall
112 ORDINANCES.
also state the amounts paid to the Treasurer, or to any other
person or persons, to whom he has authority to pay any part
of the taxes so collected, and what balances, if any, are on
hand, and the various funds to which such balances belong",
and receipts for all monies paid out by him, which were col-
lected on city taxes, and shall exhibit the same to the Mayor,
or any committee of the Council, whose duty it maybe to ex-
amine into and report upon the finances of the city, or to
make any settlement with him. He shall deliver to his
successor in office, all books and papers which may have come
into his hands, as City Collector, and shall pay to the Treasurer
all money then in his hands, belonging to the city.
Sec. i8. The City Collector shall receive two per cent, on
all taxes collected by him, which shall be full compensation
for all his services.
TREASURER.
Sec. 19. It shall be the duty of the Treasurer to receive
and pay out, according to the requirements of the Council,
money realized by the city from its various sources of reve-
nue. He shall, at the last regular meeting of the outgoing
Council, in March of each year, make out and present a
regular annual report of all monies, or other property of the
city, which came into his hands during the year then ending.
In this report he shall state the different sources from which
the money was derived, and the amount derived from each
source. He shall also, in such report, state the amounts paid
out, and on what account.
Sec. 20. He shall keep, in a suitable book or books, to be
furnished by the city, a full and accurate account of all monies,
funds or other property, received and disbursed by him for
the city, specifying when, to whom, and on what account. He
shall keep the account of each source of revenue to the city,
separate and distinct from any other, crediting it with all
funds received, and charging it with all payments made on ac-
count thereof
Sec. 21. He shall pay orders, or warrants, drawn against a
particular fund, only out of the money belonging to such
fund. If, at the time such orders or warrants are presented
to him for payment, there is not in his hands, money belong-
ing to the fund, against which such warrants or orders are
drawn, he shall endorse on such warrants, or orders, the
words : " Presented for payment," (noting the date) and shall
sign the same in his official capacity. Such warrants or
orders, shall thereupon bear interest at the rate of six per
cent, per annum from the time they were so presented. He
shall make an entry of the number, date and amount, of all
OFFICERS. 113
such orders, to whom payable, and on what fund, and the
date of their presentment, and shall make report of the same
to the Council, in his monthly reports.
Sec. 22. He shall deliver to his successor in office, all books^^
papers, monies, and every thin^ pertaining to his office.
Sec. 23. The salary of the City Treasurer shall be four
hundred dollars per annum.
STREET COMMISSIONER.
Sec. 24. It shall be the duty of the Street Commissioner to
see that the streets and alleys, and other public highways of
the city, are kept in good and proper repair, and to superin-
tend such repairs. When improvements are ordered to be
made on any street, or other public highway, by the Council,
such improvement shall be made under his supervision, and
pursuant to such order. In repairs, involving more than or-
dinary expenditure, he shall, in making such repairs, confer
with, and act under, the direction of the Committee on Streets
and Alleys. No improvement shall be made on any street,
alley, or other public road, except by order of the Council.
Sec. 25. The Street Commissioner shall have power to em-
ploy such labor as may be needed for work on the public
highways of the city, at such rates as the Council may fix by
order or resolution.
Sec. 26. The Street Commissioner shall, at each and every
regular meeting- of the Council, make a full report of his do-
ings, which report shall show : —
1st. The name of each person employed by him.
2d. The time which each person performed labor, and the
kind of labor.
3d. The amount due to each person for such labor.
4th. Upon what street or alley, or other highway, such
labor was performed.
The Council shall thereupon, if satisfied of the correctness
of such report, order that the persons who have done such
labor, be paid for the same out of the road fund, and their re-
ceipts taken therefor.
Sec. 27. It shall be the duty of the Mayor at the first
regular meeting of the Council, in April, of each year, to pre-
pare and present to the Council, for its consideration, an es-
timate of the amount that will probably be needed for road
purposes, for the year commencing on the first day of March,
previous. Such estimate may be enlarged, diminished or ac-
cepted without change, by the Council. The estimate, con-
curred in by the Council, shall be furnished to the Street Com-
15
114
ORDINANCES.
missioner, and shall serve as a limit to him for work done on
the streets. In no event shall work be done, by his direction,
beyond the amount of such estimate.
Sec. 28. The Street Commissioner shall receive an annual
salary of six hundred dollars, and shall perform such other
duties as may be required of him by ordinance, or any order
or resolution of the Council.
Sec. 29. The duties of all other officers of the city, not men-
tioned herein, shall be such as are severally defined in the
Charter, laws of the State, or ordinances of the city, creating
and regulating the functions of their respective offices.
Sec. 30. Any officer of the city, who may have the care,
custody or control of any funds, or evidence of debt, belong-
ing to the city, who shall use the same for his own purposes,
or speculate therein, in any manner, shall upon conviction
thereof, be subject to a fine of not more than one hundred
dollars for each and every offence.
CHAPTER XXXVII.
POLICE JUDGE.
An Ordinance relating to Police Judge.
1. Daily sessions.
2. To keep a docket. What entries to be
made. Writs to be issued.
3. Criminal actions, how commenced.
When in the presence of the court. When
by information.
4. Warrants to issue, when.
5. Warrants, how served.
6. Proceedings in court, how conducted.
No change of venue.
7. Prisoners may be admitted to bail. By
whom and how.
8. Bond to be filed, and may be for-
feited.
9. Parties failing to give bond, may be
confined, how long.
10. Witnesses, how produced.
11. Witnesses liable for contempt, for fail-
ing to appear.
12. Kefusal to testify. Result of.
13. Trial by jury. Form of verdict.
14. To imprison for non-payment. When
and how long.
15. Report to Council, when, and how
made.
16. Fees of witnesses and jurors.
17. Fees of Police Judge, when paid by
the city.
Be it ordained by the City Council of the City of Muscatine :
Section i. That there shall be a daily session, (Sundays
excepted) of the Police Judge's Court, commencing at such an
hour as the court may designate.
Sec. 2. The Court shall keep a docket, in which shall be en-
tered, in continous order, a brief synopsis of the proceed-
ings in each cause, including the names of the parties, the
nature of the complaint, the issue of the process, the return
thereof, and when the same shall have been issued, the ap-
POLICE JUDGE. 115
pearance of the respective parties ; every adjournment, stat-
ing at whose instance, and for what time ; the trial, whether
by the Police Judge or a jury ; the verdict and judgment ; the
issuing of execution or mittimus, when done ; the taking and
allowance of appeals (if any), and note all motions made,
and whether sustained or overruled.
Sec. 3. Penal actions, for the violation of any ordinances of
laws of the city, may be commenced by either of the fol-
lowing methods :
1st. Whenever 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 such person before
him forthwith, without a warrant.
2d. By information, which shall be subscribed and sworn to,
by the person making the same, and which shall contain the
name of the party, if the defendant be known, and if not,
then such name as may be given by the party complaining.
Also a statement of the facts constituting the offence ; the
time and place of the commission of the same, as near as
may be.
Sec. 4. Upon the filing of the information, the Police
Judge, may at his direction, issue a warrant, directed to
the Marshal, who upon receiving such warrant, must serve the
same, by taking the defendant into custody, and bringing him
before the Police Judge.
Sec. 5. The officer serving a warrant, shall make due re-
turn on the back of the same ; and if any officer shall have
arrested a party without a warrant, he shall file in the office
of the Police Judge, an information against the person ar-
rested, as required by section 3, of this ordinance.
Sec. 6. The proceedings in the Police Judge's Court, 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 Magistrates, and parties to suits therein, shall be entitled
to the same rights (except as herein otherwise provided),
remedies and appeals that are, or may be prescribed by the
laws of the State of Iowa, in criminal cases before Justices of
the Peace. Provided, nothing in the section shall be con-
strued to allow any party a change of vemie, in cases of a
violation of the ordinances of the city.
Sec. 7. Any person in the custody of the City Marshal, or
any police officer, for a violation of any city ordinance, may
be admitted to bail, by giving bond to the city, with security
to be approved by the Mayor, or Police Judge, or Marshal, in
such amount as they may specify, conditioned that he will ap-
Il6 ORDINANCES.
pear on a day, in the bond named, before the Police Judge
and answer the accusation for which he has been arrested,
and not depart the court without leave.
Sec. 8. Said bond shall be filed in the office of the Police
Judge, and if the defendant shall fail to appear, according to
the conditions of the bond, the Police Judge shall enter a de-
fault thereon, and the city shall order suit to be brought in
the usual mode.
Sec. 9. A party in custody, who cannot be tried because
of the absence of witnesses, or other sufficient cause, may, at
the discretion of the Police Judge, be required to enter into
a recognizance for his appearance at the trial, as provided in
the seventh section of this ordinance, and on failure so to do,
may be confined in jail till such trial. Provided, however,
that if the continuance was had at the instance of the city,
he shall not be confined (except when Sundays intervene)
over forty-eight hours.
Sec. 10. The Police Judge shall issue subpoenas for all wit-
nesses desired by either party, which may be served by any
police officer, or any other person appointed by the Police
Judge, for that purpose, by reading the same to the persons
named therein, and the officer or other person so appointed,
shall endorse thereon the manner of executing the same.
Sec. II. Any wittness, duly summoned, failing to appear,
may be compelled by attachment to attend and shall, more-
over, be fined in a sum not exceeding ten dollars, for a con-
tempt of the Court, with the costs of the attachrnent
Sec. 12. A witness appearing, who shall refuse to be sworn,
or 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 contemptously
toward the court, or shall by noise or otherwise, hinder, or
disturb the proceedings of the court, may be fined in any sum
not exceeding fifty dollars.
Sec. 13. That whenever a case is tried by a jury, their ver-
dict in all cases, for a violation of ordinances, shall be in the
following form : We, the jury, find the defendant (guilty or
not guilty, as the case may be) of the offence charged.
Sec. 14. Whenever any person, charged with a violation of
any of the ordinances of the city, pleads guilty, or on 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 offence charged) and the
penalty prescribed by the ordinance, for a violation of which
the defendant has been convicted, in a sum not exceeding one
hundred dollars, and that the defendant be committed to the
POLICE.
117
I
city jail, till said fine and costs are paid (provided such pen-
alty is a fine), and if the fine and costs are not paid at the
time of the rendition of the judgment, or an appeal taken,
then it shall be the duty of the Police Judge, to issue a mitti-
mus, commiting such defendant to the city jail, till said fine
and costs are paid. Provided, such imprisonment shall not
exceed thirty days.
Sec. 15. 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, with a full report of the
number of criminal cases, under the ordinances of the city.
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, during the preceding
quarter, and to pay over to the Treasurer monthly, all money
collected as fines and forfeits.
Sec. 16. Witnesses and jurors, in the Police Judge's Court,
shall be entitled to the same fees, as are, or may be allowed,
under the State laws, for attendance and services, before Jus-
tices of the Peace.
Sec. 17. The Police Judge shall receive fees as costs, such as
are now or hereafter shall be provided for by law for justices
of the peace, for similar service ; but in all the proceedings
to enforce the ordinances of the City of Muscatine, where
the information is made by a city officer, under the ordinances,
and the costs can not be made out of the defendant, the
Police Judge shall be paid by the City of Muscatine, the same
fees as are paid to Justices of the Peace, by the county in
criminal cases.
CHAPTER XXXVIII.
police.
An Ordinance in relation to the Police of the city.
1. Of what the police force of the city
shall consist. Temporary police, when they
may be appointed.
2. Jurisdiction of police.
3. Must take an official oath.
4. Duties of Marshal.
5. May arrest without warrant, when.
Duties respecting vagrants, and suspicious
characters. May enter house or enclosure,
when.
6. When police may call inhabitant of
city to aid him. Penalty for refusing.
7. May arrest any person when there are
reasonable grounds to believe he has com-
mitted a public offence, and hold him until
information is filed, and warrant issued.
8. Compensation.
9. Must not serve civil process, or do other
business that will interfere with police
duties.
10. Misconduct of police. Penalty for.
Be it ordained by the City Council of the City of Muscatine :
Section i. That the police force of said city, shall consist
Il8 ORDINANCES.
of the Marshal, (who shall be elected by, and hold his office
at the will of the Council), and one assistant, who shall be ap-
pointed by the Marshal, subject to the approval of the Coun-
cil. The Mayor may direct the appointment of such tem-
porary policemen, as may from time to time be needed for
special occasions. He shall designate the number, and fix
the limit of service of such temporary policemen, to the
Marshal, who shall thereupon appoint proper and suitable per-
sons, to act as such temporary police. The Marshal shall
furnish to the Mayor, the names of persons so appointed, and
the number of days they have served. The Mayor shall re-
port the same to the Council, at its next meeting, and his
reasons for directing the employment of such special police.
Sec. 2. The jurisdiction of the police shall be commen-
surate with the city limits.
Sec. 3- All members of the police force, special as well as
regular, shall take an oath to faithfully perform the duties of
their office.
Sec. 4. It shall be the duty of the Marshal to cause the
public peace to be preserved, and to see that all laws and or-
dinances are enforced, and whenever any violation thereof
shall come to his knowledge, or be reported to him, he shall
cause the requisite complaint to be made, and see that all at-
tainable evidence is procured for the prosecution of the of-
fender or offenders. He and his subordinates shall, (in sub-
ordination to the Mayor), in case of actual or threatened riot,
tumult or insurrection, personally superintend the police, and
direct their movements and operations, in the discharge of
their duties.
Sec. 5. The police shall arrest (even without warrant) any
persons found in the act of violating any law or ordinance, or
in any manner disturbing the peace and good order of the in-
habitants ; they shall arrest any persons found drunk in any
of the highways or commons of the city. They shall keep a
close watch on all suspicious characters, and may order all
vagrants to leave the city, under penalty of arrest. They
shall have authority to enter any house, enclosure, or other
place, where any crime or breach of the peace, or breach of
any law or ordinance, has been, or is about to be committed,
and arrest the offenders.
Sec. 6. Whenever it may be necessary to quell any riotous
or disorderly conduct, or to secure the arrest of any person or
persons, accused of any crimes or the violation of any law
or ordinance, the members of the police force are hereby
severally authorized to call upon any male inhabitant of the
city, and demand his aid and assistance in the discharge of
POLICE. 119
his duty. Any male inhabitant so called upon, who shall neg-
lect, or refuse to give such aid or assistance, shall upon con-
viction thereof, be fined not less than one dollar, nor more
than twenty dollars. _^ _
Sec. 7. Each member of the police department, shall have
power to arrest any person, whom the officer has reasonable
cause for believing has committed a public offence, and who
is likely to escape before complaint can be filed, and a war-
rant of arrest can be issued, and take any person so arrested,
to the office of the Police Judge, if in the day time, for trial ;
and if such arrest is make in the night time, the officer shall
commit such person to jail until the next morning, and he
shall then be taken to the Police Judge for trial.
Sec. 8. The Police force, including special police, shall re-
ceive such compensation for their services, as the Council may
see proper to allow. In addition thereto, the members of the
police force shall be entitled to fees for serving papers, pro-
cess, and for making arrests, which fees shall be the same as
are allowed by law to constables, for services of a similar
character ; but in no case is any charge to be made against
the city for such services.
Sec. 9. The members of the police force shall be vigilant
and watchful, in properly guarding and protecting persons
and property within the city, and no member of the police
force sail serve any civil process, or do any other business,
that will interfere with his duties as policeman.
Sec. 10. Any police officer who shall neglect, or refuse to
perform any duty required of him, by the ordinances of the
city, or who shall, in the discharge of his official duties, be
guilty of any frauds, extortion, oppression, favoritism, par-
tiality, bribery, or wilful wrong or injustice, shall upon con-
viction thereof, pay a fine not exceeding one hundred dollars,
and costs of prosecution, or, on failure to pay such fine, may
be imprisoned in jail, not exceeding thirty days.
I20 ORDINANCES.
CHAPTER XXXIX.
BORROWING MONEY FOR RAILROAD AND OTHER PURPOSES.
An Ordinance providing for an election to rescind votes
heretofore given, and to borrow money on the credit of
the City.*
1. Election ordered.
2. Propositions to be voted on.
3. Form of ballots. Council to issue bonds,
if a majority vote for rescission and loan,
4. How election to be conducted.
Be it ordained by the City Council of the City of Muscatine :
Section i. That there shall be held on the 13th day of
August, 1855, an election by the qualified voters of the City
of Muscatine, by wards — the polls to be opened at nine
o'clock, A. M., and to close at four o'clock P. M., of said day,
said election to be held at the usual places of holding elec-
tions in the several wards.
Sec. 2. Said election shall be upon the following propo-
sitions :
1st. To rescind a vote given by the voters of the city on
the third Monday of May, 185 1, authorizing the City Council to
borrow the sum of $45,000, to be subscribed as stock, in the
name of the city, to the capital stock of the Iowa Western
Railroad Company, and also to rescind a vote given by the
city, on the first Monday in March, A. D. 1854, authorizing
the City Council to borrow the sum of $55,000, to be sub-
scribed as stock on the stock books of the Muscatine, Iowa
City, Cedar Rapids and North Western Railroad Company.
2d. To borrow for a term of years, not exceeding twenty,
on the bonds of the city, at a rate of interest not higher than
ten per cent, per annum, the sum of one hundred and thirty
thousand dollars, to be subscribed as stock, in the name of
the city, to the capital stock of the Mississippi and Missouri
Railroad Company.
Sec. 3. The votes shall be given by ballots, written or
printed, with the words, ** For the Rescission and Loan," or
•'Against the Rescission and Loan," and if the requisite num-
ber of votes are for the recission and loan, the City Council
shall cause the bonds to be issued for the purposes herein
contemplated.
Sec. 4. The said election shall be conducted in the same
manner as ordinary elections for city officers, and the judges
♦First ordinance passed May Ist, 1851, providing for submitting to the electors of the
city, a proposition to subscribe $45,000 as stock, in the Iowa Western Railroad Company,
and also to borrow $5,000, to be expended in improving the streets, alleys and wharfs of the
city. Second ordinance passed February Tth, 1854, providing for submiting to the electors
of the city, a proposition to subscribe |55,000 in stock in the Muscatite, Iowa City, Cedar
Rapids and Northwestern Railroad Company, or to any Company that shall build a road
4irect from Muscatine to Iowa City.
RAILROADS.
i2r
thereof are required to make proper return of the poll books,
and official abstracts of the said election, to the Mayor
within two days thereafter, and the City Council, or a quorum
thereof, may open and canvass said returns, and declare
the result. ~
CHAPTER XL.
RAILROADS— RIGHT OF WAY FOR THE MISSISSIPPI AND MISSOURI RAILROAD
COMPANY*
An Ordinance relating to the Mississippi and Missouri Rail-
road Company.
1. Right of way granted over Water
street.
2. The use of certain grounds granted for
certain specified purposes.
3. Companj' to use said ground for rail-
road purposes only, and to have one hundred
feet of Water street, from tracks, etc.
4. Compwiny to obtain certain dedications
on Water street.
5. Company to keep the grounds, so that
access to and from the river, shall be reas-
onably free from obstructions, and to make
and keep in repair all necessary drives.
6. Must not run faster than six miles an
hour, and must keep bell ringing.
7. Reservation by the City, in favor of the
Railroad Companies.
8. Must lay plank at crossings.
9. Must give its assent in writing.
10. May run their track north-easterly
through the city.
11. May run their tracks north and east of
Orange street, toward Cedar Rapids.
12. To lay planks on street crossings.
13. Reservation of rights in favor of the
railroads.
I
Be it ordained by the City Council of the City of Muscatine :
Whereas, It is for the interest of the City of Muscatine,
that the depot, station buildings, machine shops and tracks of
the Mississippi and Missouri Railroad, be located as hereafter
provided, and
Whereas, The said Rail Road Company, has been re-
quested to make such location, and has signified its desire
to conform to such request, upon receiving proper authority
for that purpose : Now, therefore.
Section i. That the Mississippi and Missouri Railroad
Company, for the consideration of its compliance with the
request herein before recited, and of the conditions herein
contained on the part of said Company, to be performed, are
hereby authorized and empowered, and the power and au-
thority are irrevocably granted to said Company, to lay
down and forever maintain its said road, with single or double
track, as may be convenient and necessary, for the transac-
tion of its business in, through, and upon the public ground,
in front of said city, known as Water street, and forever
thereafter to use the same for the passage of cars and trains
*Thi8 ordinance is a consolidation of two ordinances; the first giving a right of way
over Water street, the other for a promised road to Cedar Rapids.
i6
122 ORDINANCES.
of cars propelled by such power as the said Company may
deem expedient.
Sec. 2, There is hereby irrevocably granted to said Com-
pany, the use of the following piece and parcel of said public
ground or street, viz. : All that portion of the public ground or
street aforesaid, (with the limitation hereafter expressed)
lying southwardly or in front of a line drawn from the east-
wardly bound of block nine, and extending sixteen hundred
feet in a straight line toward the western boundary of
the city, and to the water on the south and west, and also
water front on said river, within the same limits, so far as the
city is authorized to grant the same. Which shall be for
the purpose of erecting, and forever thereafter maintaining
thereon, depots, station buildings, warehouses, machine shops,
side tracks, turn outs, switches, turn tables, and such other
buildings and fixtures as may be requisite for the proper ac-
commodation of the business of said Company, with full
power to grade, level, embank, and fill up the same in such
manner as said Company may see fit and proper.
Sec. 3. The above authority is granted upon the express
condition that the said Company use the same, and appro-
priate the said ground exclusively for railroad purposes, and
shall leave a portion of Water street, measuring one hundred
feet from the blocks on the same toward the water, the whole
length of said street, free from the obstructions of tracks,
buildings, and other structures whatever.
Sec. 4. If the said Company shall procure a dedication to
the public forever, for the purposes of a highvvay, and as a
part of Water street, of a portion of blocks numbers four,
five, six, seven and eight, which lies front or southwardly of a
line formed b)' a direct extension of the front lines of block
three and nine, across the said blocks four, five, six, seven and
eight, and shall grade the same to the grade of Water street
(or as the city authorities may direct) then said Water street
shall extend in width to the said line, and said Company shall
have authority to appropriate to its own purposes, the dirt,
rock and other material excavated, and to erect its structure
in said street, as before provided, so that they be not within
one hundred feet of said line above described.
Sec. 5. For the privilege above granted, said Company
shall, at its own expense, grade so much of said public ground
or street occupied by said tracks, and also between said tracks
and the river, in such manner that the access to and from the
river shall be reasonably free from obstructions, and shall for-
ever thereafter keep and maintain the land so occupied,
graded, as aforesaid, and shall upon reasonable notice from the
I
RAILROADS. I23
city authorities, make and keep in repair all such necessary
drains and sewers, as may be required in any portion of the
public grounds above authorized to be used, so that a proper
drainage shall be given to Water street, and the cross streets
running into the same. —
Sec. 6. Said Company shall not be allowed to run its trains
through said city, at a greater rate of speed than six miles
per hour, and shall cause the locomotive bell to be kept ring-
ing on such train during its entire passage through the streets.
Sec. y. The said city reserves to itself the right to grant
any other railroad company, such privileges as the city may
see proper, in relation to passing through and over the same
street, and the power to cross the track of the above Com-
pany, provided they do not cross such track, nor run within it on
the above granted parcel of sixteen hundred feet in length,
and the above grants and privileges shall be subject to revo-
cation by said city, if the said Company does not proceed
to construct its said railroad, and does not have twenty-five
miles of it in operation in two years from the first day of De-
cember, A. D. 1853. And further, nothing herein contained
shall be so construed as to impair the rights and ordinances
of the city in relation to wharfage, or in relation to the public
landing.
Sec. 8. The said Company shall also lay plank between
and at the sides of their tracks, at all crossings of streets, so
as to make the passage of the tracks as easy as practicable.
Sec. 9. The said Company is hereby required to assent to
the provisions of the said ordinance, by its proper officer or
officers, and such assent shall be in writing and recorded with
the Recorder of the city.
Sec. 10. That there is hereby granted to the Mississippi
and Missouri Railroad Company, the right to run their road
north-eastwardly out of the city, over and across Water
street, at any point they may choose to locate the same, pro-
vided that the points at which the said road shall cross the
said Water street, shall not be west of Orange street.
Sec. II. That there is hereby granted to said Railroad
Company, the right to locate their railroad, either with single
or double track, over and across any or all of the streets and
alleys, east and north of Orange street, which it may be nec-
essary or convenient to cross, in running their railroad out of
the City of Muscatine, and toward Cedar Rapids.
Sec. 12. The said Company shall be compelled to lay plank
between and on the sides of their tracks, at the crossing of
Water street, and at the crossing of all other streets and alleys,
124
ORDINANCES.
as provided in the ordinance passed December 6th, 1853, ^ri"
titled an ordinance relating to the Mississippi and Missouri
Railroad.
Sec. 13. Nothing in this ordinance contained shall be con-
strued to restrict the right of the city, to grant any other
railroad company the right of locating other railroads, over
and across the same streets and alleys, and the right of cross-
ing the track of the said railroad company.
CHAPTER XLI.
RAILROADS.
An Ordinance making a grant to the Muscatine Western
Railroad Company, and imposing certain conditions,
penalties and duties.
1. Muscatine Western Railroad Company
authorized to lay its track on certain streets
in the city.
2. Can cross the track of the C, R. I. & P.
R. R. Co. Not to cross or lay track south
of, or between certain points.
3. Certain public grounds granted for the
purpose of having erected thereon, proper
railroad buildings, side tracks, etc. Stock
yards, cattle yards, or hog pens, not to be
erected thereon. Rights reserved for steam-
boats and public streets.
4. Conditions on which said grant is made.
Damages for breach of, or failure to perform
conditions.
5. Must build and keep in proper repair,
all drains and sewers, if the territory grant-
ed is accepted and appropriated. Must make
and keep in repair all drains and sewers,
made necessary by track of railroad.
6. Trains must not remain on public cross-
ing; must not run faster than six miles an
hour, in the city. Unnecessary whistling
not allowed. Bell to be rung.
7. Grant to lay track in streets not to pre-
vent the city from making similar grants to
other railroad companies. Proviso.
8. Rights and privileges granted, ex-
pressly subject to existing and future State
legislation.
9. Railroad Company to signify its accep-
tance of grant and conditions. Form of ac-
ceptance. To be entered on record of city.
Be it ordained by the City Council of the City of Muscatine :
Section i. That for the purpose of enabling the Musca-.
tine Western Railroad Company, its successors or assigns, to
lay and maintain such track or tracks and switches, as may be
proper and necessary, for the proper operation of said rail-
road, there is hereby granted to said Railroad Company, the
right and privilege of laying and maintaining on and along
Front or Water street, in said city, one main track. Also, to
extend such main track, or any of its switches, or branch
tracks, over and across any of the public streets or alleys of
that portion of said city, known as South Muscatine. Also,
to lay and maintain a single or double track, with proper side
tracks and switches, on, across, or along any of the public
streets or alleys of said city, east of the west line of Orange
street, which the said Railroad Company may have occasion
I
RAILROADS. I25
to use or cross, in constructing its road, in a direction north-
erly from said Front or Water street, to the boundaries of said
city. Provided, however, that there shall not be more than
one track laid by said Muscatine Western Railroad Company,
on said Front or Water street, between Iowa avenue and Elnrr-
street, and provided further, there shall not be laid on Second
or Third streets, west of Spring street, any track lengthwise
of said streets.
Sec. 2. The said Railroad Company shall have the right,
and the same is hereby granted unto it, of crossing the track
of the Chicago, Rock Island and Pacific Railroad Company,
with its main track or switches, at such point or points as it
may deem advisable and proper, except that the said Musca-
tine Western Railroad Company, shall lay no track across or
south of the Chicago, Rock Island and Pacific Railroad Com-
pany, between the eastern boundary of block nine, (9) and the
western boundary of block five, (5) in said city, and any track
that may be laid under the authority herein granted, between
the eastern boundary of said block nine, and the western
boundary of said block five, shall be north of the track of said
Chicago, Rock Island and Pacific Railroad Company, and
whenever the said track, or any of its side tracks or switches,
are laid parallel with the track of the said Chicago, Rock
Island and Pacific Railroad Company, or any of the streets of
said city, the same shall be laid as near as practicable to the
track of said last mentioned Company, and to the end that no
more of such streets shall be occupied by said track, than is
absolutely necessary for the business of said roads.
Sec. 3. There is hereby granted unto the said Muscatine
Western Railroad Company, the public grounds, lying south
of the track of the Chicago, Rock Island and Pacific Railroad
Company, and extending into the Mississippi river, and being
bounded on the west by a line in a southeasterly direction, ex-
tended from the east boundary of Iowa avenue, and until such
line strikes the outer edge of what is known as the " Rip Rap
Wall," thence in a northeasterly direction, parallel with the
northern boundary of said Water street, thirteen hundred and
eighty feet, thence northwesterly in a line with the west
boundary of Mulberry street, to the southerly line of the
track of the Chicago, Rock Island and Pacific Railroad Com-
pany; thence along the said southerly line, and parallel witl;
the center of said track, in a southwesterly direction, until
the same strikes and intersects the line drawn from the east
line of said Iowa avenue. The said grant being made to the
said Muscatine Western Railroad Company, its successors and
assigns, for the purpose of erecting and forever maintaining
thereon, offices, depots, station buildings, warehouses, eleva-
126 ORDINANCES.
tors, side tracks, turn tables, and such other buildings and
fixtures as may be requisite for the proper accommodation of
the business of said Company, (except that no stock yards,
cattle or hog pens, shall be permitted thereon), with full power
to grade, level and embank, and fill up the same, in such man-
ner and at such times as the Company may see fit and proper.
Provided, however, that nothing in this section contained, shall
interfere with the right of steamboats to land, for the purpose
of receiving or discharging freight and passengers, on the
water front of the land herein granted, nor deprive the said
city of its right to collect wharfage from the boats so land-
ing ; and provided further, that the said city shall have the
right to extend, keep and maintain, for the use of the gen-
eral public, the streets known as Sycamore, Cedar and Wal-
nut, over and across the grant herein made, and in addition
thereto, a space of not less than one hundred feet, on and
along the water front of said grant, to be measured from or-
dinary low water mark, is herein declared to be a public
street forever, subject, however, to the right of said Com-
pany, to erect and keep an elevator and freight house, not,
however, to have a length, on said water front, of more than
three hundred feet. By "water front," in this ordinance, is
meant the southerly line of the grant herein made.
Sec. 4. The foregoing grant is made on the express condi-
tion that the said Muscatine Western Railroad Company, its
successors and assigns, shall establish, locate, and forever
maintain, at the said City of Muscatine, all of the principal
machine shops and factories, necessary and proper for the
construction, maintenance and repair, of the tracks and roll-
ing stock of said Company, its successors and assigns. And
also the said Company, its successors and assigns, shall locate,
establish, and forever maintain, at the said City of Muscatine,
the chief and principal offices of said Company, and forever
maintain its principal places of business at Muscatine, and it
is expressly provided and understood, and a further condition
of this grant, that should the said Railroad Company seek to
avail themselves of this grant, and undertake to appropriate
the same to its use, and erect at, or remove its chief and prin-
cipal machine shops, repair shops and factories, as herein con-
templated, to any other place, or erect at or remove its chief
and principal offices of business to any other place, then and
in either event, the said Railroad Company shall pay to said
city the sum of one million dollars, without diminution or
abatement, as liquidated damages for the breach of the con-
ditions herein named — said sum to be recoverable in any
court of record in this State, and to be mutually regarded as
the measure of pecuniary damages, to which said city shall be
RAILROADS. 12/
entitled for a breach of the conditions in this section specified.
It is further expressly provided, that in addition to the sum
herein mentioned, as pecuniary damages for any breach or
breaches aforesaid, the grant in said section 3 mentioned,
shall revert to said city, and all the rights and privileges-
therein specified, shall cease, determine and become of no
effect whatever, and the said city shall have the right to re-
sume the possession and exclusive occupancy of the grounds
in said grant described, and for that purpose may forcibly
eject any officer, agent or employee of said Company, its
successors or assigns, resisting or refusing to yield the posses-
sion thereof to said city.
Sec. 5. And it is further stipulated, provided and required,
that the said Railroad Company, its successors or- assigns,
shall build, construct, and forever keep in good repair and
condition, all sewers and drains rendered necessary and proper,
by its acceptance and appropriation of the grant in the pre-
ceding section 3, mentioned, and also all other sewers and
drains rendered necessary and proper by the location and
building of its road along and across any of the public streets
and alleys of said city, and all points where the track or
tracks of said Company, shall cross the public streets and
alleys of said city. The said Railroad Company, its succes-
sors and assigns, shall make and keep in good condition and
repair, safe approaches to said railroad and the tracks thereof,
and the space between the rails of said tracks, shall be safely
and properly planked.
Sec. 6. The said Railroad Company, its successors or as-
signs, shall not obstruct public travel on said streets and
alleys, by permitting trains, cars or locomotives, to stand and
remain upon said railroad track, where the same intersects
said streets or alleys ; nor shall any train of cars or locomo-
tive be run upon said track within the limits of said city, at a
higher rate of speed than six miles per hour ; nor shall there
be any unnecessary whistling made by the engines of said
Railroad Company, while within said city, and on all trains
and engines the bell shall be kept ringing while running within
the limits of said city.
Sec. 7. Nothing in this ordinance shall be construed to pre-
vent the said city from granting unto other railroad compa-
nies, the right and privilege of laying their tracks upon the
same streets and alleys, and of crossing the tracks of the said
Muscatine Western Railroad Company. Provided, that no
railroad company shall have the right to lay any tracks on the
ground herein mentioned by section 3, of this ordinance,
granted to said Muscatine Western Railroad Company, with-
out the express consent of said Company.
28
ORDINANCES.
Sec. 8. Nothing in this ordinance contained, shall be so con-
strued, as to in any manner release or exonerate the said Mus-
catine Western Railroad Company, its successors or assigns,
from any duty or obligation, which has been or may hereafter
be imposed by the laws of the State of Iowa, and the rights
and privileges herein granted, are made expressly subject to
any existing or future legislation of said State.
Sec. 9. The said Muscatine Western Railroad Company, is
hereby required to signify its acceptance of the grants con-
tained in this ordinance, subject to the conditions and re-
strictions herein contained, by an instrument of writing,
under the seal of said Company, signed by the President and
attested by the Secretary thereof, which instrument must be
filed in the office of the Mayor of the city, and entered at
large upon the records of the City Council, and no rights
shall accrue to the said Muscatine Western Railroad Com-
pany, under and by virtue of the provisions of this ordinance,
until such acceptance is filed as aforesaid.
CHAPTER XLII.
RAILROADS.
An Ordinance making a Grant to the Mississippi and Mus-
catine Western Railroad Company.
1. Right of way granted. Line of grant.
Conditions and restrictions.
2. Duties of Railroad Company in regard
to sewers, drains, crossings and approaclies,
must not obstruct streets. Must provide
signs and flagmen at crossings, when re-
quired by City Council.
8. Must not run faster than six miles an
hour, and bell must be kept ringing when
within the city. Subject to future regula-
tions of Council.
4. Rights granted herein to be subject to
future grants to other companies.
5. Rights granted subject to existing and
future State legislation.
6. Expectation and understanding on
which grant is made.
7. Railroad Company to signify its accep-
tance of grants. Form of acceptance.
Be it ordained by the City Council of the City of Muscatine :
Section i. That for the purpose of enabling the Missis-
sippi and Muscatine Western Railroad Company, its succes-
sors or assigns, to construct and operate its railroad along
the river front of the City of Muscatine, there is hereby
granted to the said Railroad Company, the privilege of lay-
ing and maintaining a single track on and along Front or
Water street, in said city, and the river front thereof, as fol-
lows : Commencing on the right bank of the Mississippi
river, at or about the elevation of high water mark, opposite
the southerly corner of out lot nine, (9) in section thirty-six,
RAILROADS. I29
(36) township seventy-seven, (77) ran^e two (2) west (said
out lot being marked and designated on Bailey's map of said
city, thus : " H. Smalley, lot 9,") and at least ninety feet
southerly or riverward from said corner, and thence down the
right bank of said river, on a line, which in front of the south-
easterly corner of block twenty, (20) in said city, shall be at
least eighty feet distant therefrom, and thence as closely as
possible to and on the south or river side of the present track
of the Chicago, Rock Island and Pacific Railroad Company,
to the westerly line of Chestnut street, extended to the river,
and thence continuing^ on the south or river side of the
Chicago, Rock Island and Pacific Railroad track, to the west-
erly end of said Front street, and thence to and through
South Muscatine, by, over, along, or across any streets, alleys
or public grounds of the city, necessary to the proper con-
struction of said railroad, to and through South Muscatine.
Provided ■dXyNd.ys, that the grant hereby made, shall be subject
to all rights acquired under previous grants from the City of
Muscatine to other railroad companies, and provided, further,
that the said Mississippi and Muscatine Western Railroad
Company, its successors or assigns, shall forever keep and
save the city, free, clear, and harmless of, and from all loss,
cost, expense, and damage, by reason of the grant hereby
made, and the acceptance and appropriation thereof, or any
part thereof, by the said Railroad Company, its successors
or assigns.
Sec. 2. And it is hereby stipulated, provided and required,
that the said Mississippi and Muscatine Western Railroad
Company, its successors or assigns, shall build, construct, and
forever keep in good repair and condition, all sewers and
drains, made necessary by its acceptance and appropriation of
the grant hereby made, and the location and construction
of its road and track pursuant thereto ; and shall build, con-
struct and forever keep in good repair, good, sufficient and
proper crossings and approaches to the same at all points,
where its road or track shall cross the streets or alleys afore-
said ; and shall forever keep and maintain such streets, alleys,
or other public grounds in good repair and condition, where-
ever its said road or track shall run along and upon the same ;
and its said road or track shall conform as nearly as practica-
ble to the grade of the tracks of the Chicago, Rock Island
and Pacific Railroad, and the Muscatine Western Railroad,
and shall be so constructed, laid, maintained and operated, as
to cause the least practicable interference with access to the
steamboat and ferry landings of said city. And the said Rail-
road Company, except in case of accident or unavoidable ne-
17
I30 ORDINANCES.
cessity, shall not leave its cars or trains standing upon its
said track, in such manner as to obstruct the public travel on
the streets of said city, and at all street crossings, the said
Company shall erect and maintain signs, upon which shall be
printed in large letters : ''Railroad Crossing," and shall pro-
vide flagmen at such points or localities, as shall be deemed
necessary by the City Council of said city, whenever re-
quested so to do by resolution of said City Council.
Sec. 3. And it is further stipulated, provided and required,
that the said Railroad Company, its successors or assigns,
shall not run any train of cars or locomotive upon its said
track within the limits of said city, at a higher rate of speed
than six (6) miles per hour, and upon all trains and engines
the bell shall be kept ringing while running within said city
limits ; and the said Company shall be subject to such fur-
ther regulations and restrictions, as to the time, speed and
management of its locomotives and cars, within said city, as
may be required and imposed by ordinance or resolution of
the City Council of said city, at any time hereafter.
Sec. 4. Nothing in this ordinance shall be construed to
prevent the said city from granting unto other railroad com-
panies, the right and privilege of laying their tracks upon the
same streets and alleys, covered by the grant hereby made,
and of crossing the track of the said railroad. And in case
of the grant to any other company, which shall hereafter
build a railroad to this city, of the right to lay a track along
the aforesaid river front of the said city, then such other rail-
road company shall have the right to use the track of said
Mississippi and Muscatine Western Railroad Company, through
the said city, for the passage of its cars and trains, upon
adequate compensation being made therefor, and upon rea-
sonable terms ; such compensation and terms to be agreed
upon by said companies ; and in case of disagreement then
the matters in difference, to be determined by three arbitra-
tors, one to be chosen by each of said companies, and the
third by the City Council of said city.
Sec. 5. Nothing in this ordinance contained, shall be so
construed, as to in any manner release or exonerate the said
Railroad Company, its successors or assigns, from any duty
or obligation, which has been, or may hereafter be imposed
upon railroads or railroad companies, by the laws of the State
of Iowa, and the rights and privileges herein granted, are
made expressly subject to any existing or future legislation of
said State.
Sec. 6. The rights and privileges hereby conferred upon
said Railroad Company, are granted upon the expectation and
RAILROADS.
131
understanding that the said Railroad Company, its successors
or assigns, will faithfully observe and fulfill all the conditions
in this ordinance stipulated and set forth ; and will at all
times, and in good faith, to the extent of its power, afford
adequate facilities for the prompt transaction of business, and
deal and act justly toward the said city and the citizens
thereof.
Sec. 7. The said Mississippi and Muscatine Western Rail-
road Company, is required to signify its acceptance of the
grants contained in this ordinance, subject to all the aforesaid
conditions and restrictions, by an instrument of writing,
under the seal of said Company, signed by the president, and
attested by the secretary thereof, which instrument must be
filed in the office of the Mayor of said city, and entered at
large upon the records of the City Council, and no rights shall
accrue to said Railroad Company, its successors or assigns,
under and by virtue of this ordinance, until such acceptance
is filed as aforesaid.
CHAPTER XLIII.
RAILROADS.
RDINANCE providing for the redemption of the Mus-
catine City Railroad Bonds.
6. Special tax. Sinking fund.
7. Bonds shall not be re-issued.
Disposal
of.
8. Committee to superintend.
9. Power of attorney, may be executed
by the Mayor, to confess judgments,
when.
1. Renewal of bonds.
2. Payable in twenty-five years at six per
cent. May issue in sums of.
3. Bonds, how entitled, and by whom
signed.
4. Shall be issued to, whom.
5. Recorder shall keep a register of such
bonds.
Be it ordained by the City Council of the City of Muscatine :
Section i. In virtue, and by authority of an Act of the
Legislature of Iowa, approved March 25th, 1872, and to
enable the City of Muscatine, to redeem, cancel and renew
the bonds of the City of Muscatine, heretofore issued to the
Mississippi and Missouri Railroad Company, the Mayor and
Council are hereby authorized and empowered to direct the
issue of new bonds, of the City of Muscatine, to an amount
not exceeding the full amount of the principal of said bonds,
and the accrued and unpaid interest thereon.
Sec. 2. Said bonds shall be made payable in twenty-five
years from date, and bear interest at the rate of six per cent,
per annum, payable semi-annually, on the first day of April
t^$ ORDINANCES.
and first day of October, of each year, in the City of New York,
coupons for the interest to be attached thereto. They may
issue in sums of one thousand dollars, five hundred dollars,
and one hundred dollars. The bonds shall be numbered in
consecutive order as issued, and the coupons attached to such
bonds shall be numbered from one to fifty, and shall bear the
number of the bond to which they are attached.
Sec. 3. Said new bonds shall be entitled: "Redemption
and Renewal Bonds of the City of Muscatine," shall be signed
by the Mayor, and countersigned by the Recorder, and shall
bear the seal of the city.
Sec. 4. Whenever the amount owing any holder or holders
of the bonds heretofore issued to the Mississippi and Missouri
Railroad Company, including principal, coupons and interest,
shall have been determined, the Mayor and Recorder shall
issue to such holder or holders, the new bonds as herein pro-
vided, to the full amount of such bonds, coupons and interest,
as may be unpaid. Monthly specific reports shall be made to
the Council by the Mayor and Recorder, of the bonds so
issued, giving the amount and numbers of the bonds and
coupons, and interest, to redeem which the same are issued.
Sec. 5. The Recorder shall keep in a book prepared for the
purpose, a register of said new bonds, giving the date, num-
ber, and numbers of the coupons of each bond, together with
the number and amounts of the bonds and interest redeemed.
Sec. 6. The faith of the City of Muscatine, is hereby irre-
vocably pledged for the payment of said new bonds and in-
terest, and the City Council is hereby pledged and required to
levy annually a special tax sufficient to meet the interest on
said bonds, as it becomes due, and also to provide a perma-
nent sinking fund, of not less than one per cent, per annum,
of the amount of said bonds, which said sinking fund shall be
annually invested in the purchase of said bonds, when the
same can be obtained at and below their par value ; and
the said bonds so purchased, shall be placed on deposit with
the Treasurer of the City of Muscatine, as the property of the
city, and the interest thereon shall be paid into, and con-
stitute an additional part of the sinking fund, to be used in
the purchase of the bonds as herein provided.
Sec. 7. It shall be the duty of the Recorder of said city to
enter in a book, provided for that purpose, a record of all the
bonds so purchased with said sinking fund, stating the amount
and number of each of said bonds, with the price paid for the
same, and the date of its purchase, and no bonds so pur-
chased shall ever be re-issued or hypothecated by said city for
any purpose whatever, and in order to prevent such re-issue,
REGISTER OF BOATS. 1 33
or other unlawful use of said bonds, or of the coupons at-
tached thereto, the City Council shall cause each bond so pur-
chased, to be produced before it at its next meeting succeed-
ing such purchase, and the following words shall then be legi-
bly written with ink, or stamped across the face of such bond,
and each of its coupons : "Cancelled and placed in sinking
fund, this day of , i8 — ." This ordinance be-
ing designed to provide the means for the payment of the
interest on all of said bonds, and as far as may be through
said sinking fund for their ultimate extinction ; nothing in
this section contained shall warrant any abatement of the
amount of tax hereinbefore provided for as a sinking fund, but
the bonds purchased by the city shall, for the purposes of said
sinking fund, be regarded as an existing indebtedness on the
part of said city.
Sec. 8. The Mayor and Recorder are hereby appointed a
committee, to superintend the preparation of the above men-
tioned new bonds, and are empowered to designate the place
in New York City, where the interest on the same shall be paid.
Sec. 9. In settling with parties as provided in this ordi-
nance, who may hold judgments against the City of Musca-
tine, the Mayor is hereby authorized to execute powers of at-
torney, confessing judgment in the Circuit Court of the
United States, for the District of Iowa, against the City of
Muscatine, whenever the interest due on the new bonds how-
ever authorized, shall be due and unpaid for the term of one
year or more.
CHAPTER XLIV.
REGISTER OF BOATS.
An Ordinance relating to the Register of Boats.
1. Register of boats to be appointed.
When, and for how long.
2. To keep a register of all boats and other
craft, landing, and report the same to Coun-
cil at close of navigation.
3. To deliver papers to his successor.
Compensation regulated by the Coun-
cil;
Be it ordained by the City Council of the City of Muscatine :
Section i. That in the month of March annually, the
Council shall appoint a Register of Boats, who shall hold his
office for the term of one year, and until his successor is ap-
pointed, unless sooner removed by the Council.
Sec. 2. It is the duty of the Register to enter in a book
kept for that purpose, the names (or description), of all boats,
or other craft, landing at the public landing, which are sub-
134
ORDINANCES.
ject to pay wharfage, stating whether on an upward or down-
ward trip ; and to render to the Council, at its first regu-
lar session after the close of navigation, a true statement of
the number of arrivals of such boats, and other craft, with
the time such vessels lay at the wharf over twenty-four hours.
Sec. 3. On the appointment of his successor, he shall de-
liver to him all books and papers belonging to his office. His
compensation shall be regulated by the Council from time
to time.
CHAPTER XLV.
SCALES.
An Ordinance in relation to Scales on the Streets and Alleys,
and other public grounds of the city.
1. Persons erecting or keeping scales on
streets or other public grounds, to pay rent.
2. Scales within certain territory to pay
annual rent of six dollars.
3. Outside of such territory to pay annual
rent of four dollars.
Be it ordained by the City Council of the City of Muscatine :
Section i. That no person shall be permitted to erect or
keep any scales for weighing hay, grain, or other bulky com-
modities, on any street, alley, wharf, or other public ground
of the city, without having first obtained permission therefor
from the City Council, and without the payment of a fixed
sum for the rent of such street, alley or other public ground.
Sec. 2. Any scales placed, or to be placed on any street,
alley, or other public ground, within the following limits :
Within that portion of the city bounded on the west by Linn
street, on the north by Third street, on the east by Orange
street, and on the south by the Mississippi river, the owner
thereof shall pay to the Treasurer of the city the sum of six
dollars, who shall give duplicate receipts therefor, one of
which shall be left with the Recorder. The boundaries above
given shall include the streets named as the boundary lines.
Sec. 3. Upon suchscaleserectedonany street, alley, or other
public ground, outside of the territory designated in the pre-
ceding section, the owner shall pay an annual rental, not ex-
ceeding four dollars.
STREETS AND ALLEYS.
135
CHAPTER XLVI.
STREETS AND ALLEYS.
An Ordinance in relation to Gutters.
5. Marshal must notify persons whose
gutters need repairing. Must notify Coun-
cil if such repairs are not made. Council
may order same done, at the cost of the
owner of the property.
6. Work to be done under the supervision,
and to the satisfaction of Street Commis-
sioner.
7. Penalty for obstructing or incumbering
gutters. 4
8. Gutters must be kept clean by occu-
pant of adjacent property.
1 . Owners of property must provide proper
gutters, when.
2. How such gutters shall be constructed,
apd of what material.
3. Council may order gutter to be con-
structed or relaid. How and by whom such
order is to be served.
4. Council, on failure to obey its order,
may have such gutter constructed or relaid
at expense of owner, and assess the same as
a special tax, or may bring a civil action to
recover the same.
Be it ordained by the City Council of the City of Muscatine :
Section i. That it shall be the duty of the owner of every
lot or part of lot, fronting on any of the streets of said city,
which is or shall be brought to grade, to provide and keep in
proper repair, gutters next to the sidewalks, as hereinafter
required.
Sec. 2. Such gutters shall be six feet wide on Iowa avenue,
and on other streets shall be four feet wide, and shall be not
less than ten inches in depth ; shall be constructed of good
sound limestone, and shall be of one or the other of the follow-
ing forms, viz. : The slope of the gutter shall commence on
the outer edge, three inches below the top of the curb, and
the curbing shall be ten inches in the clear, and of good sound
limestone, or other hard or durable stone. Or the said gutters
may be constructed of like material, in the form of an ellipse,
commencing even with and conformingto the grade of the outer
edge of said sidewalk on the one side, and to that of the
grade of the streets on the other.
Sec. 3. When the Council shall, by any order or resolution,
require any gutters to be made or relaid, the Marshal shall
serve a notice of such order or resolution on the person, who
is herein required to make or relay such gutter, or upon his
proper representative or agent, and if he can find no person
in the city on whom to serve such order or resolution, then
by publishing the same in some newspaper of this city for
one week, if the same be a daily paper, or two weeks if it be
a weekly paper. Such order or resolution shall prescribe the
time within which such gutter shall be made or relaid, and
shall in general terms require such work to be of the kind,
quality and description set forth in section 2 hereof. If the
lot or part of lot, adjacent to which such guttering is to be
136 ORDINANCES,
made or relaid, is in the occupancy of any tenant, the Mar-
shal, in addition to the publication herein required, in cases
where such publication is necessary, shall serve a copy of
such order or resolution on the tenant, by leaving the same at
the house of such tenant, or by delivering it to him personally.
Sec. 4. If any person shall neglect, or refuse to construct,
or relay such gutter, as required by said order or resolution,
after service of the same as herein provided, the Council shall
direct the same to be done at the expense of the owner, and
the expense and all the costs thereof, shall be assessed
against such lot or part of lot as a special tax thereon, and
may with the interest, be collected in the manner provided for
the collection of such special taxes, or by a civil action in the
name of the city.
Sec. 5. It shall be the duty of the Marshal, when any gut-
ter of the city needs repairing, to notify the person owning the
property adjacent to the gutter needing such repair, his proper
representative or agent, to repair the same, and if the same
is not done within a reasonable time after such notice, the
Marshal shall report the same to the Council, and the Coun-
cil may order such repairs to be made at the expense of the
city, and for the collection of costs and expenses of such re-
pairs, the city shall have the same remedies that are provided
in section 4 hereof.
Sec. 6. All work done under the provisions of this ordi-
nance, whether by the owner of the adjacent property or
otherwise, shall be done under the supervision, and to the sat-
isfaction of the Street Commissioner.
Sec. 7. No person shall encumber or obstruct the gutters
of said city, by throwing or placing therein any ashes, gar-
bage, filth or slops, or anything that will in any manner in-
terfere with the full and uninterrupted flow of the water, under
a penalty of not more than five dollars for each and every
offence.
Sec. 8. It shall be the duty of every occupant of property,
to keep the gutters in front of the property he is occupying,
free and clear of all filth or other impurities and obstructions
of any sort or kind whatever, under a penalty of not more
than five dollars for each and every offence.
STREETS AND ALLEYS. 1 37
CHAPTER XLVII.
STREETS AND ALLEYS.
An Ordinance in relation to the Grades of the City of Mus-
catine.
1. Grade of First, Second, Third, Fourth, i 2. The grades of all cross streets and al-
Fifth, Sixth, Seventh and Eighth streets. | leys to conform to the elevation as given.
Be it ordained by the City Council of the City of Muscatine :
Section i. That the following elevations, above the base
level at the crossings of the streets, be and are hereby estab-
lished as the grade of the streets as named :
On First street, at the eastern limits of the city, the eleva-
tion shall be three hundred and twenty-five feet above the base
level ; thence descend to Poplar at three hundred feet ;
thence to Orange and thence to Mulberry at three hundred
and three feet ; thence to Cedar at three hundred and five
feet ; thence to Sycamore at three hundred and three feet ;
thence level to Chestnut street ; thence to Linn at three
hundred and seven feet ; thence to Spruce at three hundred
and fifteen feet ; thence level to* Broadway; thence to Cherry
at three hundred and nine feet ; thence to Elm at three hun-
dred and five feet.
On Second street, at the eastern boundary of the city, the
elevation shall be three hundred and fifty-four feet ; thence to
east side of Poplar at three hundred feet ; thence to west
side of Oak at three hundred feet ; thence to Orange at
three hundred and two feet ; thence to Mulberry at three
hundred and eleven feet ; thence to Walnut at three hun-
dred and nineteen feet ; thence to center of block between
Walnut and Cedar at three hundred and twenty-two feet ;
thence to Cedar at three hundred and nineteen feet ; thence
to Sycamore at three hundred and ten feet ; thence to Iowa
avenue at three hundred and seventeen feet ; thence to Chest-
nut at three hundred and twenty-four feet ; thence to Pine at
three hundred and thirty-feet ; thence to Locust at four
hundred and ten feet ; thence to Cherry at four hundred and
fifteen feet ; thence to Elm at three hundred and sixty-
eight feet.
On Third street, at the eastern boundary of the old city,
the elevation shall be three hundred and thirty feet ; thence
to Cypress at three hundred and fifteen feet ; thence to the
level of the railroad ; thence to the westerly corner of lots 2
and 9, in block between Oak and Orange, at three hundred
and two feet ; thence to Mulberry at three hundred and
twenty-seven feet ; thence level to Walnut ; thence to Cedar
at three hundred and twenty and one-eighth feet ; thence to
i8
iH ai tnr
L
138 ORDINANCES.
to Sycamore at three hundred and twenty-one feet ; thence
to Iowa avenue at three hundred and twenty-seven and one-
fourth feet ; thence to Spruce at four hundred and two feet ;
thence to Broadway at four hundred and fifty-seven feet ;
thence to Cherry at four hundred and seventy-five feet.
On Fourth street, at the railroad, level with the same,
thence to Spring at three hundred and three feet ; thence to
Oak at three hundred and seven feet ; thence to Orange at three
hundred and fifteen feet ; thence to Mulberry at three hundred
and thirty-two feet ; thence to Cedar at three hundred and
twenty-two and one seventh feet ; thence to Sycamore at three
hundred and thirty-four feet ; thence to Iowa avenue at
three hundred and forty-five feet ; thence to Chestnut at
three hundred and sixty feet ; thence to Pine at three hun-
dred and eighty-four feet ; thence to Linn at three hundred
and ninety-eight feet ; thence to Spruce at four hundred and
thirteen feet ; thence to Broadway at four hundred and sixty
feet ; thence to Cherry at four hundred and seventy-five feet.
On Fifth street, at eastern limits of old city boundary, level
with the railroad ; thence to Poplar at three hundred and four
feet ; thence to Oak at three hundred and thirty feet ; thence
to Mulberry at three hundred and thirty-seven feet ; thence to
Cedar at three hundred and twenty-four and one-fifth feet ;
thence to Iowa avenue at three hundred and fifty-eight feet ;
thence to Linn at three hundred and seventy-five feet ; thence
to Spruce at three hundred and ninety feet ; thence to Broad-
way at four hundred and forty feet.
On Sixth street, at Lombard, three hundred and five feet ;
thence to Cypress at three hundred and ten feet ; thence to
Poplar at three hundred and thirty feet ; thence to Spring at
three hundred and thirty-seven feet ; thence to Mulberry
at three hundred and forty-two feet ; thence to Cedar at
three hundred and twenty-six and one-fourth feet ; thence
to Sycamore at three hundred and forty-eight feet ; thence
to Iowa avenue at three hundred and sixty feet ; thence to
Linn at three hundred and eighty-eight feet ; thence to Broad-
way at four hundred feet.
On Seventh street, at Lombard, three hundred and thirty
feet ; thence to Cypress at three hundred and thirty-five feet ;
thence to Spring at three hundred and thirty-eight feet ; thence
to Oak at three hundred and fifty-five feet ; thence two hun-
dred and forty feet at three hundred and eighty-five feet ;
thence to Orange at three hundred and seventy-nine
feet ; thence to Mulberry at three hundred and forty-seven feet ;
thence to Walnut at three hundred and thirty-six feet ; thence
to Cedar at three hundred and twenty-eight and one-half feet ;
STREETS AND ALLEYS. 1 39
thence to Sycamore at three hundred and forty-five feet ; thence
to Iowa avenue at three hundred and sixty-two feet ; thence
to Pine at three hundred and ninety-five feet ; thence to Broad-
way at four hundred and thirty feet.
On Eighth street at eastern Hmits of old boundary, three
hundred and thirty-five feet ; thence to Poplar at three hun-
dred and thirty-eight feet ; thence to Spring at three hundred
and fifty feet ; thence to a point two hundred and ten feet
westward from the center of Oak, three hundred and seventy-
five feet ; thence to Orange at three hundred and ninety feet ;
thence to Mulberry at three hundred and fifty-two feet ; thence
to Cedar at three hundred and thirty feet ; thence to Syca-
more at three hundred and thirty-seven feet ; thence to Iowa
avenue at three hundred and sixty-four feet ; thence to
Pine at three hundred and ninety-five feet ; thence to Linn
at four hundred and twenty feet ; thence to Spring at four
hundred and twenty-five feet ; thence to Broadway at
four hundred and fifty feet.
Sec. 2. The grades of the alleys and cross streets will con-
form to the elevations as given in the preceding section, and
will be on one plan from street to street, except as provided
in this section. On Lombard street, four hundred feet from
the center of Front at three hundred and fifty feet. On Iowa
avenue, one hundred and eighty feet from the center of Fourth
toward Fifth, at three hundred and fifty-three and one-
eighth feet.
Sec. 3. That the grade on Seventh street, between Oak
and Orange streets, be changed so as to run westerly
from Oak street or Seventh street, two hundred and forty
(240) feet, to an elevation of three hundred and seventy-nine
(379) f^et, and thence to Orange street, three hundred and
seventy-nine (379) feet, as at present established.
Sec. 4. That the grade between Pine and Linn streets, is
hereby changed to run as follows, viz. : From a point as now
established at the intersection of Fourth and Pine streets
westerly on Fourth street, one hundred and eighty (180) feet,
to an elevation of three hundred and ninety-six. (396) feet,
and thence in a true line to the grade as now established at
the intersection of Lynn and Pine streets.
I40
ORDINANCES.
CHAPTER XLVIIL
STREETS AND ALLEYS.
An Ordinance for the protection of Streets and Alleys.
1. No person permitted to dig into or take
any earth from any highway or wharf, ex-
cept by direction of Street Commissioner,
or by permission of the Council.
2. When and for what purpose the Coun-
cil may give such permission. Street or
sidewalk must be placed in as good condi-
tion as before.
3. Sides of excavation must be properly
protected.
4. Penalty.
Be it ordained by the City Council of the City of Muscatine :
Section i. That no person shall be permitted to dig into,
or remove from any street, alley or other public highway,
or from any wharf, any earth, rock, stone, or other material
pertaining to such street, alley, public highway or wharf, ex-
cept by direction and under the supervision of the Street
Commissioner, or with the permission of the Council.
Sec. 2. The Council may give permission to any person or
corporate body, to make excavations on any street or alley,
and to take up any pavement or sidewalk for the purpose of
laying any drain or sewer, gas or water pipe. Any persons
or corporations availing themselves of such permission, shall,
as speedily as practicable, cause such street, alley or other
highway, pavement or sidewalk, to be placed in as good and
permanent condition, and as suitable for travel, as it was be-
fore being excavated.
Sec. 3. In all cases where excavations are made under the
authority of this ordinance, it shall be the duty of the party
or parties making the same, to have the sides of the excava-
tions protected, without any delay, by suitable barriers, and
to take every precaution against accident or injury to persons
or animals.
Sec. 4. Any persons violating the provisions of this ordi-
nance, shall be subject to a penalty of not more than one
hundred dollars, and if such street or other public highway is
not relaid in as good and substantial a manner as before such
excavation, the city shall have the right to repair or relay the
same, and recover the cost of such repairs by civil action
against the person or body whose duty it was to make the
same. Where a corporation is proceeded against for a viola-
tion of the provisions of this ordinance, any judgment
rendered against it, either in the way of fines or otherwise,
may be collected in the way that ordinary judgments are col-
lected.
STREETS AND ALLEYS.
CHAPTER XLVIX.
STREETS AND ALLEYS.
141
An Ordinance in relation to opening- new Streets and Alleys,
and for the extension, straigfhteninj
isting Streets and alleys.
and widening of ex-
1. Council may open new streets and al-
leys, and extend, straighten or widen ex-
isting ones, when.
2. Council shall first endeavor to purchase
ground at a reasonable price. No purchase
to be made until title is examined and ab-
stract furnished.
3. Deed to be made to the city for ground
purchased.
4. When the city fails to make purchase
of the ground needed it shall, before enter-
ing upon it, file application in the Circuit
Court. Requisites of such application.
5. On whom and in what manner notice of
such application is to be served.
6. How service made on non-residents.
7. Court shall empannel jury to ascertain
compensation to be made to the owner of
the ground.
8. Duty of jury in ascertaining compensa-
tion.
9. When an amount of compensation in
made. Court may make order in respect to
payment or deposit of the money. City
must comply with (-rder of Court before tak-
ing possession.
10. Adverse claimant. Rights, how set-
tled.
n. What costs city liable for.
12. City may abandon proposed improve
ment in whole or in part.
Be it ordained by the City Council of the City of Muscatine :
Section i. That the Council may, when, in their judg-
ment the public interest shall demand it, open new streets
^and alleys in the city, or extend, straighten or widen, any ex-
isting street or alley, but no new street or alley shall be
opened, and no street or alley as now laid out shall be exten-
ded, widened or staightened, except by the affirmative vote
of two-thirds of the Council, and shall not then be done un-
less there is money in the treasury, or due the city from the
taxes of the current year, which can properly be applied to
the expenditure required for such opening, extension, widen-
ing or straightening.
Sec. 2. In all cases v/here the Council shall conclude to do
any of the acts authorized by this ordinance, they shall first
endeavor to purchase of the owner or owners, the requisite
quantity of ground that may be needed for such opening,
widening, extension or straightening, and to purchase the
same when such purchase can, in the judgment of the Coun-
cil, be made at a fair and reasonable price. Before making
such purchase, the Council shall cause the title to such ground
to be examined by some person competent to make such ex-
amination, and a full and complete abstract thereof to be pre-
sented to the Council, and the same may, if the Council see
proper so to direct, be submitted to some competent attor-
|H ney, for his opinion thereon.
I^K Sec. 3. In all cases where land is purchased by the city
142 ORDINANCES.
from the owner or owners, for any of the purposes named in,
this ordinance, the person or persons so selHng sha41 execute
and deliver to the city a good and sufficient deed for the ground
so purchased.
Sec. 4. When, for any cause, the city shall fail to secure such
ground, as it may need for streets or alleys by purchase, re-
lease or otherwise, the city may proceed to secure the same, in
the manner hereinafter provided.
Sec. 5. Before entering upon, or attempting to take any
private property for any of the uses authorized by this ordi-
nance, the council shall cause an application to be made, in
writing, to the Circuit Court for the County of Muscatine,
which application shall describe, as accurately as may be, the
property to be taken, the object for which it is proposed to be
taken, and the names of the owner or owners of each lot or
parcel thereof, if known.
Sec. 6. Such application shall be filed in the office of the
clerk of said Circuit Court, and notice of the filing of said ap-
plication, shall be served on the owner or owners of the land
so proposed to be taken, if the same are known and can be
found, in the same manner and within the same time as is re-
quired for civil actions commenced in said Court.
Sec. 7. If any of such owners are non-residents, so that per-
sonal service of such application cannot be had on him or them
in this State, they may be served by publication. All the re-
quirements of the Statute touching service by publication in
civil actions, must be observed where service is made by
publication under this ordinance, and, when so observed, such
service shall have the same force and effect that is given to
notices, similarly served, of actions commenced in the Circuit
or District Courts.
Sec. 8. After the service has been made as provided in the
two preceding sections, the Court shall proceed to ascertain
the compensation to which each of such owners shall be enti-
tled for the taking of his property, and for that purpose shall
empanel a jury, and the mode of proceedure, shall, as far as
applicable, be the same as in action of ordinary proceeding.
Sec. 9. The assessment shall be made so that the amount
to be paid to each owner may be ascertained either by allot-
ting it to each owner by name, or by each lot or parcel of
ground. The jury ahall 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 convenient time, which shall make an assessment
I
STREETS AND ALLEYS. 143
of the damages to so much or such part as the other jury were
discharged from.
Sec. io. When the amount of compensation to which any
property owner shall be entitled, has been ascertained by the
verdict of the jury the Court may make such order, as to the
payment, or deposit as may be deemed just and proper. But the
City shall not enter upon or attempt to occupy any lot or parcel
of land described in said application, until it shall have paid, de-
posited, or secured to be paid, to the owner of such lot or par-
cel of ground, the compensation to which he shall be entitled
by the verdict of the jury. When the City shall have paid the
compensation assessed, or secured its payment by a deposit of
money, under the order of the Court, possession of the prop-
erty in respect to which such compensation has been paid, or
secured, may be taken by the city.
Sec. 1 1. When the city shall have complied with the order
of the Court in the paying or securing to be paid, the compen-
sation awarded to any owner, or allotted to any particular lot
or parcel of land, its right thereto shall not be affected by any
adverse claimant, but the right of such adverse claimant shall
be confined to the money so paid, or secured, and shall be
settled and adjusted by the Court, as provided by Section 477
of the Code.
Sec. 12. The City shall be liable for the costs of the inqui-
ry and assessment, and lor no other costs, unless the same
shall be taxed to it by order of the' Court.
Sec. 13. If the damages assessed against the City are ex-
cessive, and such, as, in the judgment of the Council, it ought
not to pay, the proposed improvement may be abandoned, in
whole or in part. Or, if the Court shall make an order re-
quiring the damages to be paid or secured within a time which
it shall deem reasonable for the purpose, and if the City shall
fail to comply with such order within the time fixed, such fail-
ure shall be regarded as an abandonment of the proposed im-
provement.
144 ORDINANCES.
CHAPTER L.
STREETS AND ALLEYS.
An Ordinance in relation to the Paving of Streets and Al-
leys :
1. Council may order a street to be paved,
when.
2. Order to be issued. Form of order.
3. Order to be signed by the Mayor, and
published. Publication deemed sufficient,
notice. Marshal to notify, when. Failure
of City to prepare street or alley for paving
when ordered. May grade within ninety
days. Marshal may serve notice on owners
or their agents. Non-residents to be served
by publication. When owner refuses. City
can prosecute work, and assess expense to
property owned by parlies refusing.
5. If all or part of said paving is done by
the City, account must be kept of work and
materials by the officer having the same in
charge, who shall have same duties as Street
Commissioner. Rate for labor; officer to is-
sue certificates and report to Council.
6. Party receiving certificate to deliver the
same to Mayor, who shall issue him a war-
rant therefor payable out of the paving fund.
To be received by Collector, when.
7. Certificates to be preserved ; shall pro-
cure check book, &c.
8. Collector to collect all assessments un-
4. If owners fail to complete work as or- i der this ordinance. Money designated the
dered. City may cause the same to be done, i ''Paving Fund.*' Shall be kept separate.
Work to be given out on contract. Costs
to be assessed ratably. Officer or party do-
ing work to keep account of cost, and certify
the same to the Council, to have eftect of
tax. ,
Commission of collector and treasurer pay-
able out of general fund.
9. Collections, how made.
10. Paving to conform to grade.
11. City to superintend improvements.
Be it ordained by the City Council of the City of Muscatine :
Sec. I. That the City Council shall, from time to time, order
and cause such street or part of street and alley or part of alley
in said City to be paved as they may deem proper and advis-
able.
Sec. 2. That whenever such improvement is ordered by the
Council, the order thereof may be in the follo.wing or equiva-
lent form : ''Ordered by the City Council of the City of Mus-
'* catine that street from street to street
" be paved as follows : " (Here describe, as nearly as practi-
cable, the material to be used, the kind, quality and size there-
of, and the depth of paving.) " Notice is hereby given to the
" owners and holders of lots on said street to pave
"one-half of the said street, opposite to and adjoining their
" respective lots, as required by this order, on or before the —
" day of next. "
Sec. 3. The foregoing order, signed by the Mayor and attest-
ed by the Recorder, shall be published in one or more newspa-
pers printed in said City, three times consecutively, the first in-
sertion being at least thirty days prior to the time named in
said order. Such publication shall be deemed a full and suffi-
cient notice to all persons owning lots on the streets so or-
dered to be paved, of the kind of paving required of them, on
said street, and of the time within which they will be required
STREETS AND ALLEYS.
145
CHAPTER L.
STREETS AND ALLEYS.
An Ordinance in relation to the Paving of Streets and Al-
leys :
1. Council may order a street to be paved,
when.
2. Order to he issued. Form of order.
3. Order to he signed by the Mayor, and
published. Publication deemed sufficient
notice. Marshal to notify, when. Failure
of City to prepare street or alley for paving
when ordered. May grade within ninety
days. Marshal may serve notice on owners
or their agents. Non-residents to be served
by publication. When owner refuses, City
can prosecute work, and assess expense to
property owned by party refusing.
4. If owner fails to complete work as or-
dered. City may cause the same to be done.
Work to be given out on contract. Costs
to be assessed ratably. Officer or party do-
ing work to keep account of cost, and certify
the same to the Council ; to have effect of
tax.
5. If all or any part of said paving is done by
the City, account must bo kept of work and
materials by the officer having the same in
charge, who shall have same duties as Street
Commissioner. Rate for labor; officer to is-
sue certificates and report to Council.
6. Party receiving certificate to deliver the
same to Mayor, who shall issue him a war-
rant therefor payable out of the paving fund.
To be received by Collector, when.
7. Certificates to be preserved ; shall pro-
cure check book, &c.
8. Collector to collect all assessments un-
der this ordinance. Money designated the
'•Paving Fund."' Shall be kept separate.
Commission of collector and treasurer pay-
able out of general fund.
9. Collections, how made.
10. Paving to conform to grade.
11. City to superintend improvements.
Be it ordained by the City Council of the City of Muscatine :
Sec. I. That the City Council shall, from time to time, order
and cause such street, or part of street, and alley, or part of alley
in said City to be paved as they may deem proper and advis-
able.
Sec. 2. That whenever such improvement is ordered by the
Council, the order thereof may be in the following or equiva-
lent form : "Ordered by the City Council of the City of Mus-
*' catine that street from street to — street
"■ be paved as follows : " (Here describe, as nearly as practi-
cable, the material to be used, the kind, quality and size there-
of, and the depth of paving.) " Notice is hereby given to the
'* owners and holders of lots on said — street to pave
"one-half of the said street, opposite to and adjoining their
" respective lots, as required by this order, on or before the —
" day of next. "
Sec. 3. The foregoing order, signed by the Mayor and attest-
ed by the Recorder, shall be published in one or more newspa-
pers printed in said City, three times consecutively, the first in-
sertion being at least thirty days prior to the time named in
said order. Such publication shall be deemed a full and suffi-
cient notice to all persons owning lots on the streets so or-
dered to be paved, of the kind of paving required of them, on
19
146 ORDINANCES.
said street, and of the time within which they will be required
toldo the same. Provided, however, that in addition to the
publication aforesaid, the Council may, if they determine so to
do, direct the Marshal of the City to serve a copy of said or-
der on the owners of lots fronting on the streets ordered to be
paved, residing or being in said city, which order must be
served at least twenty days before the time therein named for
such paving. Provided further , that in any case where the City
shall have passed an order requiring any street or alley to be
paved and where the City shall have failed for any cause to
have the surface of such locality properly graded and pre-
pared for such paving within thirty days prescribed by ordi-
nance for the commencement of such work, by the owners of
the property to be charged with the expense of paving such lo-
cality, the City may cause such locality to be properly grad-
ed and prepared for such paving at any subsequent time with-
in ninety days from the time when it was first ordered to be
commenced by the respective owners, and when so graded
and prepared, the Marshal of the city shall notify the owners
by serving upon each of them, or their agents, if they be resi-
dents of the City, a copy of the original order, with an addi-
tional clause, notifying them that the said locality is now
ready for paving ; and if they be non-residents of the City and
have no resident agents, by publishing such order by three
insertions in at least one of the newspapers of the City; and in
case such owner shall refuse or neglect to commence, and
prosecute such work to completion within seven days from
the date of the service of such order and notice, either person-
ally or by publication, the City shall proceed to cause the lo-
cality therein described to be paved, and the expense
thereof to be assessed and charged up to the lots or parts of
lots ; and collect the same as ordinary City taxes, in like man-
ner as though such locality had been properly prepared at the
time first set for having the same done.
Sec. 4. If, at the expiration of the time fixed by said order,
the owner, or owners of any real estate on the street therein
named, fail to make, or if it be commenced, to diligently pros-
ecute to completion, his, or their, proportion of the improve-
ment in the manner prescribed by the order aforesaid, the
City may cause the same to be done and to that end may
give out the unfinished portion of said street on contract, in
such manner and on such terms as will insure a faithful, speedy
and economical completion thereof ; or they may direct it to
be done by such officer as the Council may designate. If
done by contract the cost thereof shall be assessed ratably on
the adjoining lots or parts of lots ; if done by the City the of-
ficer charged with the making or completion of such improve-
STREETS AND ALLEYS. 14/
ment shall keep an accurate account of the cost incurred
opposite to and adjoining each lot, or part of lot, and
shall certify the same to the Council, and such cost shall be
assessed on such lots or parts of lots, and shall have the ef-
fect of a tax levied thereon.
Sec. 5. If the whole, or any part of said paving, is done by
the City, the officer having charge of the same shall keep a
true record of the materials furnished, the work done, and the
precise locality of the work, and shall have the same general
powers and be held to the same general duties, in relation to
the specific improvement ordered, as the Street Commissioner
has, and is chargeable with, in relation to the repairing and
improving of general highways in the City, and the same
rates allowed for work and labor on the streets generally shall
be allowed for work and labor done under this ordi-
nance. And for such work done, the said officer having
charge of the same shall issue certificates in the same manner,
and shall report to the Council as fully and particularly, as the
Street Commissioner is required to do.
Sec. 6. The person to whom such certificate is given shall
deliver the same to the Recorder, who shall, in lieu thereof,
give a warrant on the City Treasurer, signed by the Mayor
and countersigned by himself, for the amount of such certifi-
cate payable specifically out of the paving fund, and such war-
rant shall be receivable by the Collector in payment of paving
assessments, under this ordinance.
Sec. 7. All certificates delivered to the Recorder, as in this
ordinance provided, shall be carefully preserved. He shall
procure a check book of sufficient size for paving warrants
aforesaid, which book shall have a margin with space enough
to note the number, amount and date of such warrants, the
name of the payee and his receipt.
Sec. 8. The City Collector shall be Collector of all assess-
ments made under, and by the authority of, this ordinance, and
the moneys arising from such assessments shall be designated
as the " Paving Fund," and shall be kept separate and distinct
from all other moneys, as well by the Treasurer as by the Col-
lector, and no money shall be drawn out of such fund except
on warrants drawn expressly on said fund, nor shall anything
be receivable in payment of such assessments but cash or
warrants drav/n on said funds. The Collector shall receive
the usual commission, for the services herein required of him, •
payable out of the general treasury of the City.
Sec. 9. Any and all paving done by the City, under the
provisions of this ordinance, shall, if the assessment therefor
be not paid by the party or parties chargeable therewith, as
143 ORDINANCES.
herein required, become and be levied as a special tax on the
property liable for such assessment, and all the provisions of
law relating to special assessments, and for the enforcement
and collection of the same, shall apply to assessments levied
under the provisions of this ordinance.
Sec. io. It shall be the duty of the Council, whenever any
street, or alley, is ordered to be paved, to so prepare the same
that the street or alley, when properly paved, shall conform
to the grade established for it, proper consideration and allow-
ance being made for subsidence, for use and weather.
Sec. II. All improvements made under the provisions of
this ordinance, shall be made under the direction and super-
vision of the City.
CHAPTER LI.
STREETS AND ALLEYS.
An Ordinance Establishing Grades in North Muscatine :
Be it ordained by the City Council of the City of Muscatine :
Section i. That the following elevations above the base
line at the crossing of the streets be, and the same are hereby
established as the grade of the streets as named.
On Eighth street, at the intersection of Poplar street, the
elevation shall be three hundred and thirty-eight feet above
the base level ; thence to Ninth street three hundred and thir-
ty-nine feet ; thence to Tenth street three hundred and forty-
eight feet ; thence to South Eleventh street three hundred and
sixty-two feet.
On Eighth street, at the intersection of Cypress street,
the elevation shall be three hundred and thirty-six feet above
the base level ; thence to Ninth street three hundred and thir-
ty-seven feet ; thence to Tenth street three hundred and forty
and five-tenths feet ; thence to South Eleventh street and Tip-
ton Road, three hundred and forty three and twenty-six hun-
dredths feet ; thence to the corner of the alley between
blocks eight and nine, three hundred and thirty-four feet ;
thence to North Eleventh street three hundred and thirty-
seven feet.
On Eighth street, at Lombard street, the elevation shall be
three hundred and thirty-four feet ; thence to Ninth street
three hundred and thirty-five feet ; thence to Tenth street
three hundred and thirty-three feet ; thence to-corner of alley
between blocks eight and nine, three hundred and thirty-four
STREETS AND ALLEYS.
149
feet, thence to North Eleventh street, three hundred and
thirty-seven feet.
On Brooks street, at intersection of Ninth street, the eleva-
tion shall be three hundred and twenty-eight feet ; thence to
Tenth street three hundred and thirty-one and five tenths
feet ; thence to North Eleventh street three hundred and thir-
ty-six feet.
CHAPTER LII.
STREETS AND ALLEYS.
rection of the Street Commissioner, and in
the custody of a member of the Police. Pen-
alty for attempted escape.
An Ordinance relating to the payment of fines by labor on
Streets and Alleys :
1. When the Police Judge may order fines
to be paid by labor on the Streets.
2. Allowance for such labor.
3. Persons so laboring to be under the di-
Be it ordained by the City Council of the City of Muscatine :
Section i. That when any person or persons be found
guilty of any offense against any City ordinance, and shall be
unable or refuse to pay the fine or fines and costs assessed
against him or them for the same, the Police Judge, may, with
the consent of the Mayor, order that such person or persons,
be employed at labor on the streets and alleys of the City un-
til such fine, or fines, and costs shall be fully-paid by said la-
bor. Whenever such order is made the same shall be entered
by the Police Judge on the docket.
Sec. 2. That any person or persons thus employed to labor
shall be allowed the sum of $1.25 for each day's labor, to be
applied in the extinguishment of his or their fine and costs of
suit.
Sec. 3. That persons laboring in payment of fines as afore-
said, shall work under the direction of the Street Commission-
er, and be in the custody of the Marshal of the City, or some
member of the police department, and any person thus em-
ployed to labor, escaping or attempting to escape shall be lia-
ble to a fine of not less than five dollars for every such escape
or attempt to escape.
I$0 ORDINANCES.
CHAPTER LIII.
STREETS AND ALLEYS.
An Ordinance in relation to the Grades of Streets and Al-
leys :
1. Council may establish grade, when. To
conform as nearly as possible to grade of
connecting streets and alleys.
a. Council may alter existing grades.
3 When grade is changed so as to injure
or diminish the value of any property, own-
er may be paid damages.
4. How the amount of such claims shall be
ascertained, and duty of Commissioners ap-
pointed by Council.
5. Notice of time and place of meeting
for viewing the premises to be given by
publication.
6. Commissioners to examine premises,
and may take testimony; may administer
7. Amount of damages agreed on by Com"
missioners to be presented to Council with-
in thirty days. Council may confirm or an-
nul the appraisement. Action to be entered
on the journaL Proceedings void, when
8. Appeal ; how taken.
9. New Commissioners to be appointed
when appraisement is annulled.
10. Council may remove Commissioners.
11. Council to pay all costs incurred pre-
vious to action on the appraisement.
12. Compensation of Commissioners.
13. Claims for damages for change of grade
maybe settled by the Council. Member of
Council not permitted to vote, when he is a
oaths. I party in interest.
Be it ordained by the City Council of the City of Muscatine:
Section i.' That where any street, alley or other public high-
way, or part of such street, alley or highway has had no grade
established for it, the Council shall have power to establish
such grade. In establishing such grade, the Council shall
take care that it is made to conform, as nearly as may be, to
the grade of the street, alley, or highway of which it may form
a part, and to the grades of all connecting and intersecting
streets, alleys, or highways.
Sec. 2. The Council shall have power, when they may
deem it expedient to alter the grade of any street or alley in
the City, but no such change of grade shall be made, except
by the concurrent vote of two-thirds of the members of the
Council.
Sec. 3. That when buildings have been erected, or other
improvements, made on any street, or alley, in accordance
with the then established grade for such street, or alley, and
such grade is subsequently altered in such manner as to injure
or diminish the value of said property, it shall be the duty of
the City to pay to the owner of said property, the amount of
damage or injury he has sustained by reason of such change
of grade.
Sec. 4. In all cases where damages are claimed for injury
to property, caused by change of grade, it shall be the duty
of the City Council to appoint three free-holders, who are not
interested in any like claim, as Commissioners to ascertain
the amount of damages, and assess the same against the City.
Before entering upon their duties, the Commissioners so ap-
STREETS AND ALLEYS. 15I
pointed shall take an oath or affirmation to discharge the
duties imposed upon them faithfully and impartially, and to
the best of their ability. The Commissioners so appointed
may assess any number of lots in the same locality, upon
which damages are claimed, for injuries resulting from the
same change of grade.
Sec. 5. Before the said Commissioner^ shall undertake to
make any assessment of damages, the City shall cause a notice
to be published in some newspaper of said City, for the space
of three weeks. Such notice shall describe the lot or lots,
which it is claimed have been damaged by reason of the change
of grade, and the time and place of meeting for the purpose
of viewing the premises, and shall be signed by the Commis-
sioners.
Sec. 6. The said Commissioners shall meet at the time and
place named in said notice, and shall proceed to examine the
premises in respect to which damages are claimed. They
may, if they see proper, hear testimony touching the value of
said property, and the extent of its damages, and to that end
any one of said Commissioners shall have power to administer
oaths to the witnesses whose testimony they decide to hear.
Where witnesses are introduced and sworn on one side, the
other side shall have the right of cross-examination, and shall
also have^ the right to introduce opposing testimony. The
Commissioners may adjourn from day to day until the exami-
nation is completed.
Sec. 7. When the Commissioners shall have agreed upon
the amount of damages sustained by the different property
owners, if there be more than one whose claim has been
submitted to and passed upon by them, they shall make out and
sign their appraisement, and return the same to the Council.
Such return must be made within thirty days of their ap-
pointment. The City Council shall have power to confirm
the appraisement so returned to them, or annul it. If two or
more lots are embraced in the return of the Commissioners,
they may confirm the appraisement made in regard to one
or more of such lots, and annul the appraisement in regard
to the others. Where an appraisement is confirmed, an or-
der of confirmation shall be duly entered in the journal of
proceedings. If any appraisement is annulled, such order of
annulment must, in like manner, be entered on the journal,
and where any appraisement made by the said Commission-
ers is annulled, all the proceedings in relation to such ap-
praisement shall be void.
Sec. 8. Any person interested in the property, the appraise-
ment of which is confirmed by the Council, may, if dissatisfied
152 ORDINANCES.
with said appraisement, appeal to the Circuit or District
Court, from the order confirming such appraisement. Such
appeal shall be effected by serving notice thereof on the Mayor
at any time before the expiration of twenty days after enter-
ing the order of confirmation.
Sec. 9. When any appraisement is annulled by the Council,
the Council shall at once appoint three new Commissioners,
and the course of proceedings shall be the same as though no
previous appointment of Commissioners had been made.
Sec. 10. The Council shall have power to remove any of the
said Commissioners, and to appoint others in the place of such
as may be removed, or may refuse, neglect, or be unable from
any cause, to serve.
Sec. II. The City shall, in all cases pay the costs of all pro-
ceedings, which have been incurred previous to the order of
the Council confirming or annulling any appraisement.
Sec. 12. The Commissioners shall receive such compensa-
tion for their services as shall be just and reasonable in view
of the nature of their labor and the time expended.
Sec. 13. All claims for damages for change of grade must
be first presented to the Council, and the Council may, if, in
their judgment the claim is just, and the amount reasonable,
settle the same with the owner, without referring it to the
Commissioners. If, however, the claim so settled by the
Council be made by a member of the Council in his own be-
half, or in behalf of his wife, or his child, or children, such
member shall not be permitted to vote either on the question
or settling the same by the Council, or on any order for con-
firming or annulling the appraisement made by the Commis-
sioners.
CHAPTER LIV.
STREETS AND ALLEYS.
An Ordinance declaring Certain Ground a Public Street :
Be it ordained by the City Council of the City of Muscatine :
Section i. That part of lot nineteen, (19,) Section thir-
ty-four, (34), of Township seventy-seven, {J7^, Range two,
(2,) west, as laid down in the plat of the Butlerville addition
to the City of Muscatine and bounded as follows : Beginning
at a point on the western boundary of said lot nineteen, (19,)
where it strikes the north boundary line of Starr street; thence
in a due easterly course to the eastern boundary line of said
lot nineteen, (19) ; thence south on said line, fifty feet ;
STREETS AND ALLEYS. I 53
thence due westerly across said street to the place of begin-
ning, (being the land conveyed to the City of Muscatine, by
George Kremer and Louisa Kremer, by their deed, executed
March i8th, 1873), be, and the same is hereby declared to be
a public street, and shall be known as the eastern extension
of Starr street.
CHAPTER LV.
STREETS AND ALLEYS.
An Ordinance vacating part of Green Street.
Be it ordained by the City Council of the City of Muscatine:
Section i. That so much of Green street in said City,
viz : Beginning at a stake north sixty-nine degrees, west one
and forty-hundredths chains from the north-east corner ot
out-lot number twenty, in sub-division of west half of north-
west quarter of section number two, (2), Township seven-
ty-six, (76), range two, (2), west ; thence north sixty-nine (69J
degrees, west one and three-hundredths (1.03) chains, to a
stake; thence south three (3) degrees, east nine and thirty
hundredths (9.30) chains to a stake ; thence north twelve (12)
degrees, east nine and five hundredths (9.05) chains to the
place of beginning, being that part of said street conveyed by
the City to the German American Roman Catholic Beneficial
Association, by deed bearing date, October lOth, 1874, be, and
the same is hereby vacated, and shall henceforth cease to be a
part of Green street, and instead thereof, that the following
described tract of land, to-wit : *' Beginning at a stake north
sixty-nine (69) degrees, west two and forty-three hundredths
(243) chains from north-east corner of out-lot number twen-
ty, (20), in sub-division of the west half of north-west quarter
of section two, ('2), township seventy-six, (76), range two, (2),
west ; thence north sixty-nine (69) degrees, west one chain to
a stake ; thence south three (3) degrees, west nine and forty-
five hundredths (9.45) chains to a stake ; thence north twelve
(12) degrees, east nine and twenty-eight hundredths (9.28)
chains to place of beginning, being that parcel, or tract, of
land, conveyed by the German American Roman Catholic
Beneficial Association to the City of Muscatine, by deed bearing
date October loth, 1874, be. and the same is hereby declared
to be a public highway, as constituting a part of said Green
street, for all the uses and purposes of the same.
154 ORDINANCES.
CHAPTER LVI.
STREETS AND ALLEYS.
An Ordinance vacating part of River Road in Smalley's
sub-division and extending Union Row.
1. Part of road in A. Smalley's sub-divi- | 2. Union Row extended.
Bion vacated. I
Be it ordained by the City Council of the City of Muscatine :
Section i. That so much of the river road, or street along
the river as lies between Hanover street, in South Muscatine,
and a street marked "A," in the sub-division of Abraham
Smalley, adjoining South Muscatine, be vacated.
Sec. 2. That Union Row be extended parallel with the line
of the railroad, through the land and lots owned by Richard
Musser and Peter Musser, in South Muscatine, along the al-
ley in block eight, to a point where a continuation of Second
street of Smalley's sub-division would intersect Union Row,
thus extended, (between lots one and ten, in block eight,) and
from thence to the north end of said Second street of Smal-
ley's sub-division.
CHAPTER LVn.
STREETS AND ALLEYS.
An Ordinance accepting the Survey of South Muscatine :
1. City Council accepts survey of South | out incurring liabilities.
Muscatine and reserves right to establish 2. Proprietors to file acceptance ol provi-
grades of streets and alleys therein, with- | sions of ordinance within thirty days.
Be it ordained by the City Council of the City of Muscatine :
Section i. That whereas, Abraham Smalley, Joseph A.
Green, George C. Stone and Jacob Butler, have laid out a part
of sections two and three, in township 76, N. R. 2 W., in the
County of Muscatine, and within the limits of the City of
Muscatine, into lots, and streets, and alleys, and called the
same, for convenience of description. South Muscatine, (as
shown in the map, or plat, acknowledged by them, and which
map is to be recorded by them among the records of Musca-
tine County, and a copy thereof furnished to the City of Mus-
catine to be kept in the Mayor's office,) and propose dedicat-
ing said streets and alleys to the purposes indicated by said
map. Now in consideration of the dedication of said streets
and alleys as aforesaid, without charge to the city of Musca-
tine, the said City, represented by the City Council, hereby
TAXES.
155
accepts the survey of said lands, and the location of said
streets and alleys as shown by said map, and recognizes it as
a part of the City of Muscatine, in as full and ample a manner
as though said streets and alleys had been laid out under the
direction and by the authority of the City Council, hereby re-
serving to itself the right to establish the grades of the streets
and alleys in South Muscatine at its earliest convenience, and
it being expressly understood that said City shall not be lia-
ble to any person, or persons, whomsoever, for any damages
which may be suffered by the establishment of said grades.
Sec. 2. The proprietors of said land, laid out as aforesaid,
shall signify their acceptance of the provisions of this ordi-
nance in writing, within thirty days after the passage thereof,
said acceptance to be filed in the Mayor's office and recorded
among the records of the City.
chaptp:r lviii.
TAXEy.
An Ordinance for the eolleetion of General and Special*
Taxes :
1. Coimty Collector to collect taxes levied
by City. What are general taxes; what
special.
2. Assessment roll to be certified to Coun-
ty Auditor, with per cent, of tax levied.
Special taxes to be included.
3. Auditoi to place the same on the hooks
of the County. When special tax is levied
shall be put separate ; must deliver to City
Collector.
4. Collector to jrive thirty days' notice of
general taxes levied and rate of levy; how.
Persons aj^grieved may have carreetiou
made.
5. When taxes become due and payable.
When they shall become delinquent.
6. Specific assessments shall be a special
tax, when; when delinquent. If not paid
when general tuxes become delinquent shall
bear same rate of interest. Provided.
7. General taxes when delinquent shall
become a lien. Tax on personal property
unpaid shall become a lien on real estate.
8. Tax may be collected by distress and
sale; penalty when not paid by 1st of March;
amount of. Not to apply to any taxes lev-
ied by Court to pay judgment on City in-
debtedness.
9. After publication taxes may be collect-
ed in same manner as arc State and County
taxes. When taxes are paid, collector tc
make entry and give receipt.
10 If not paid by 1st Monday in October,
Collector may sell property on which such--
taxes are liens- Sale to include, what.
Least quantity of property to be sold as will
pay taxes thereon ; when part sold how di-
vided. Purchase money to be paid immedi-
ately, or lot may be resold. May continue
sal'^.
11. Cost of advertising property for delin-
quent taxes.
12. Notice to be given by publication.
What it shall contain.
13. Irregularity of notice not to aflfect the
sale, if property was subject to such taxa-
tion. Advertisement is notice to person
having any interest in such property. Per-
sonal demand not necessary,
U. Collector to keep record of all sales
made by him for delinquent taxes and re-
port to Council.
15. After tax list is placed in his hands,
Collector must assess any property omitted:
in the rolls. City assessor to assist him.
Shall report to Council.
16. Real estate may be redeemed within
three years. Persons desiring to redeem must
pay. Penalty not to attach to subsequent
years unless taxes have become delinquent.
156
ORDINANCES.
17. Certificate of redemption to be issued
to person redeeming, as provided by Code,
and to be entered in gale book.
18. Redemption money to be held subject
to order of purciiasor, and paid to him on
surrender of certificate of purchase. When
certificate is lost.
19. When the property of a lunatic or mi-
nor sold for taxes may be redeemed, and by
whom.
20. Persons desiring to redeem after de-
livery of deed shall bring an action in
Court of Record. Who made defendants.
Court to determine interest of parties.
Property not allowed to be redeemed in any
other manner, after the serving of notice re-
quired by Sec. 894, of Code, and delivery of
deed.
21. Holder of any certificate of purchase
may. at the expiration of two years and nine
months, give notice as provided by Code.
Provisions therein to be strictly followed,
except. Deed not to be de'ivered until re-
quirements are complied with. Cost to be
added to redemption money.
2*2. Deed to be granted for the portion of
property sold, not redeemed. More than
one parcel may be included in a single deed.
Such deed shall recite ; executed by collec-
tor. Sec. 898 of the Code to apply so far as
applicable.
23. Such deeds and conveyances to have
same effect as deeds made by County Treas-
urer, and owners to have rights and reme-
dies as prescribed in the Code.
24. Taxes may be collected by distress
and sale of personal property.
2.5. When goods are distrained for taxes
and owner refuses to give bond for delivery
of same on day of sale, they may be kept at
expense of such owner, and notice of sale
given within five days of such taking, in same
manner as is required of Constables. Time
of sales. May adjourn. Fees. Surplus.
Be it ordained by the City Council of the City of Muscatine :
Section i. That the Collector of State and County taxes
for the County of Muscatine, shall be the Collector of taxes,
both general and special, assessed and levied by the city of
Muscatine. All taxes levied by the City Council, the basis of
which is a certain per centage on the assessed value of taxa-
ble property within the City, together with the poll tax, are,
for the purposes of this ordinance, declared to be general tax-
es. All taxes levied, by special assessment, on certain speci-
fied pieces of property, for work done by or under any con-
tract with the City, and which it was the duty of the owner to
have done, are hereby declared to be special taxes.
Sec. 2. That the Council shall cause to be certified to the
Auditor of said Muscatine County, on, or before the first
Monday of September, in each year, the assessment roll of
said City, for said year, together with the per centage of tax,
or number of mills on the dollar, levied by them on the taxa-
ble property within said City, as shown by said assessment
roll. That said Council shall also include, in said assessment
roll, all special taxes levied by said City against any lot, or
other piece of ground, designating, in concise language, the
purpose for which such special tax has been levied, and the
date from, and rate of interest, at which interest is to be com-
puted on said special tax, until the general taxes shall have
become delinquent.
Sec. 3. On the receipt of these documents, by the Auditor,
he shall place the same on the tax books of the County, in the
TAXES. 157
same manner as County taxes are placed thereon ; and when-
ever a special tax has been levied against any lots or other
piece of ground, he shall place the amount of such special tax
in a column opposite said lot or parcel of ground, together
with the date from, and rate at which interest is to be com-
puted, and, when the same is completed it shall be delivered
to the City Collector.
Sec. 4. Immediately after the tax list is delivered to the
Collector, and before proceeding to collect the general taxes
therein, the Collector shall give thirty days' notice of the
assessment and levy of the tax, describing in such notice, the
various purposes for which the general taxes were levied and
the rates thereof. Such notice shall be by publication, in
some newspaper printed in the City. During the said thirty
days any person aggrieved by his assessment, or taxation,
may appear before the Council, and have the same corrected,
if found erroneous.
Sec. 5. All general taxes (as the same are herein defined)
levied by the City Council shall become due and payable on
the first day of November, in each year, and if the same are
not paid by the first day of February following, or during the
month of February, they shall become delinquent and bear
the penalties hereinafter provided.
Sec. 6. In all cases where any lot, or parcel of ground is
chargeable with any specific assessment, for work done, or ex-
penditures incurred by the City, in respect to such lot or
parcel of ground, such assessment shall be made and levied as
a special tax on such lot, or parcel of ground, and if the same
is not paid within thirty days after the City has done, or
caused to be done, the work out of which such assessment has
arisen, the same shall then become delinquent, and bear inter-
est at the rate often per cent, per annum, from the time such
work was completed, and shall be placed on the tax list for
collection. If such special tax is not paid by the time the
general taxes become delinquent, as herein provided, such
special tax shall, from that time, bear the same rate of inter-
est prescribed for delinquent general taxes, in Section No. 7,
of this ordinance. Provided^ that nothing contained herein
shall prevent the said City from instituting a civil action for
the collection of any special tax, in the manner authorized by
Sections 478 and 479 of the Code of Iowa.
Sec. 7. On the first day of February, the unpaid general
taxes (as the same are herein defined) for the preceding year,
shall become delinquent, and shall bear interest as hereinafter
provided; and taxes upon real property shall be a lien thereon,
against all persons whomsoever, except the United States, and
158 ORDINANCES.
the State of Iowa, and taxes due from any person upon per-
sonal property, shall be a lien upon any real property owned
by such person, or to which he may acquire a title.
Sec. 8. The Collector shall continne to collect taxes after
they shall have become delinquent, until collected by dis-
tress and sale ; but if they are not paid before the first day of
March he shall collect, in addition to the tax of such tax pay-
er, so delinquent, as a penalty for non-payment, at the rate of
one per cent, a month for the first three months, and at the
rate of twenty-five per cent, per annum thereafter. But the
penalty provided by this section shall not be construed to ap-
ply, and shall not apply, upon taxes levied by order of any
court to pay judgment on City bonded indebtednes ; and,
upon such taxes, no other penalty, further than the interest
which such judgment draws, shall be collected.
Sec. q. After having made the publication, required by
Section 4, hereof, the Collector shall proceed to collect the
general taxes, in the same manner that State and County tax-
es are collected, and also all special taxes. Whenever any
tax is paid to the Collector, he shall make the entry of such
payment, on the tax book, in the same manner that entries
are made for the payment of State and County taxes ; and
shall deliver to the tax payer a receipt for the taxes so paid,
stating therein the date of such payment, the description of
the land, or property, on which such taxes were paid, and the
amount of each kind of tax and costs. If there be other
taxes due the City, by such tax payer, for any past year, or
years, such other taxes, may, if then paid, be included in the
same receipt.
Sec. to. If the taxes, general and special, or either, are not
collected by the first Monday in October, in each year, it shall
be the duty of the Collector to offer at public sale, at his of-
fice, all lots, or other parcels of ground, upon which the said
taxes, general and special, are liens. In all sales for such tax-
es, or for any delinquent taxes due the city, (if there be other
delinquent taxes due by the same person, or which are a lien
on the same property, the same shall be included in such salej,
the property shall be sold for the total amount of taxes, in-
terest and costs, due and unpaid, on such real property. The
sale shall be for the least quantity of the lot or parcel of
ground for which any person will pay the taxes and all
the costs thereon; or, it may be for the whole, if a bid cannot
be obtained for a less quantity. Where, at such sale, any
quantity less than the whole of such lot, or parcel of ground
is sold, the part so sold shall be taken from the east side of
such lot, or parcel of ground, dividing it lengthwise, by a line
TAXES. 159
parallel with the proper line of such lot, or of the Congres-
sional sub-division of which any parcel of ground, not divided
into lots, originally formed part. The purchaser shall imme-
diately pay to the Collector the amount due, and in case of a
failure so to do, the lot, or parcel of land, shall again be offered
for sale. The Collector shall continue the sale from day to
day, as long as there are bidders, or until the taxes are paid.
Sec. 1 1. The cost of advertising sales, for delinquent City
taxes, shall be no greater than the cost for advertising sales
of similar property for delinquent State and County taxes.
Sec. 12. Before offering any real property at tax sale it
shall be the duty of the Collector to give thirty days notice
thereof, by advertisement in some newspaper of general cir-
culation, printed and published in the City of Muscatine. In
such advertisement it will be sufficient to state the descrip-
tion of the lot, or parcel of real estate to be sold, together
with the amount of taxes delinquent and unpaid thereon.
If such delinquent taxes embrace taxes of previous years, as
well as those of the current year, it shall not be necessary to
name such previous years, but it will be sufficient if the total
amount of taxes, with interest and costs, against such lot, or
parcel of ground, is given, including therein any unpaid
special tax or taxes that may have been assessed and levied
against such lot or parcel of ground, with the interest and
costs that will have accrued thereon, at the time fixed for such
sale.
Sec. 13. No irregularity or informality in the advertise-
ment of such real property for delinquent taxes shall affect
the validity of any sale, or the title to any property conveyed
by virtue of such sale, if it shall appear that such property
was subject to taxation for the year, or years, for which the
same was sold, and that the tax was due and unpaid at the
time of sale, or, if sold for a special tax, that the property was
subject to such special tax, and that such special tax had
been placed on the tax list for collection, and was unpaid. In
all cases the advertisement shall be sufficient notice to the
owner, and all persons having any interest in, or claiming
any title to any lot, or parcel of real estate, of the sale of such
property for delinquent taxes ; and the failure of the Collector
to make a personal demand shall not affect the validity of any
sale, or the title to any property acquired under such sale.
Sec. 14. It shall be the duty of the Collector to keep a true
record of all sales of real estate made by him for delinquent
City taxes, and he shall make a full report thereof, to the
Council, on or before the first day of January of each year.
Such report shall describe the various lots, or parcels of
l6o ORDINANCES.
ground sold by him, and the amount of taxes, on account of
the non-payment of which the property was sold, particular-
izing the various kinds, or items, of tax levied, together with
the costs, including therein the cost of advertising. He shall
also state how much, and what part of each lot or tract of
land was sold, together v/ith the date of sale, and the name of
the purchaser.
Sec. 15. After the tax list shall have come into the hands
of the Collector he is authorized, and it is hereby made his
duty, to assess any real or personal property subject to tax-
ation which may come to his knowledge, and which may have
been omitted from the assessment roll. In making such as-
sessment the Collector shall call to his aid the City Asses-
sor. It shall be his duty to report to the Council all such as-
sessments, describing the property, and naming the person
assessed therewith.
Sec. 16. Real estate sold for delinquent City taxes may be
redeemed at any time within three years, by any person
authorized to redeem the same. Such redemption shall be by
payment to the Collector of the amount for which the real es-
tate was sold at tax sale, with a penalty of twenty per cent,
immediately added, and ten per cent, interest on the whole
amount thus made from the day of sale, and also the amount
of all taxes, special, as well as general, together with interest
and costs paid for any subsequent year or years, and a simi-
lar penalty of twenty per cent, added, as before, -^n 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 sub-
sequent taxes shall have been paid by the person for whose
benefit the redemption is made, which fact may be shown by
the Treasurer's receipt ; and provided further, such penalty for
the non-payment of taxes for any such subsequent year or
years, shall not attach unless such subsequent tax or taxes,
shall have 1 emained unpaid for the period of thirty days after
they become due, so that they have become delinquent, nor
shall any of said penalties apply in the cases mentioned in
the last clause of Section 8, of this ordinance.
Sec. 17. The Collector, upon the application of any person
to redeem real property, sold as aforesaid, and being satisfied
that such person has a right to redeem the same, shall, upon
the payment of the proper amount, issue to such person, a
certificate of redemption, in substance and form as provided
in Section 891 of the Code, and shall make the proper entry
thereof on the sale book, which redemption shall thereupon
be deemed complete without further proceedings.
I
TAXES. l6l
Sec. i8. The Collector shall hold the redemption money
subject to the order of the purchaser at tax sale, and pay the
same over to him on surrender of the certificate of purchase,
or if such certificate is claimed to have been lost or destroyed,
upon satisfactory proof that it has been so lost or destroyed,
and of the further fact that it was not assigned.
Sec. 19. If the real property of any minor or lunatic is sold
for taxes, the same maybe redeemed at any time within one
year after such disability shall have been removed, in the man-
ner provided in the next section; or such redemption may be
made by the guardian or legal representatives of such persons
at any time before the delivery of the deed.
Sec. 20. Any person entitled to redeem lands sold for taxes
after the delivery of the deed, shall redeem the same by an
equitable action in a court of record, in which all persons
having or claiming an interest in the lands derived from the
tax sale, as shown by the record, shall be made defendants,
and the Court shall determine the rights, claims and interest
of the several parties, including liens for taxes and claims for
improvements made on the land, by the person claiming un-
der the tax title. And no person shall be allowed to re-
deem land sold for taxes in any other manner, after service
of the notice required by Section 894 of the Code, and the exe-
cution and delivery of the deed.
Sec. 21. The lawful holder of any certificate of purchase,
may, at the expiration of two years and nine months from
the date of the sale of the land for taxes, give the notice re-
quired by Section 894 of the Code. All the requirements of
said Section in regard to the contents of said notice, manner
of service, time of service and proof of service, must be strictly
followed except that the notice herein required shall state
that the sale was made for taxes due the City of Muscatme,
and that such sale was made by the City Collector. No deed
shall be executed and delivered to the holder of such certifi-
cate until the provisions of said Section 894, except so far as
the same is herein modified, have been in all particulars fully
complied with. The cost of serving said notice, whether per-
sonally, or by publication, together with the costs of affidavit
required by said Section 894, shall be added to the redemp-
tion money.
Sec. 22. When the holder of any certificate of purchase at
tax sale shall have shown himself entitled to a deed for the
land described in such certificate, or for any part thereof, the
Collector shall make out to him a deed for such lot or parcel
of land remaining unredeemed, and deliver the same upon the
surrender of such certificate. Any number of lots, or parcels
21
l62 ORDINANCES.
of real estate, bought by one person, maybe included in a sin-
gle deed, if the purchaser so require. Such deeds shall recite
that the taxes, on account of the non-payment of which the
lands described in the deeds were sold, were taxes assessed
and levied by the City of Muscatine, and that said taxes re-
mained due and unpaid at the date of the sale, and they shall
be executed and acknowledged by the Collector in his capaci-
ty as City Collector. In all other respects and so far as ap-
plicable, such deeds may be in form substantially as provided
by Section 896, of the Code.
Sec. 23. All deeds and conveyances made and executed on
account of any general or special tax sale>^, shall have the
same power and effect as deeds made by County Treasurers
for delinquent County taxes, and the purchaser, as well as
the owner, of any real estate sold on account of such general
or special delinquent tax shall be entitled to all the rights
and remedies which are granted and prescribed bv the Code
in Sections 897, 898. 899, 900, 901, 902, 903, 904 and 905
thereof.
Sec. 24. After the taxes shall have become delinquent, as
herein provided, the collector is directed to make the same
by distress and sale of personal property, subject to taxation,
and the tax list alone shall be sufficient warrant for such dis-
tress.
Sec. 25. When the Collector distrains goods, or other per-
sonal property, and the owner shall refuse to give a good and
sufficient bond for the delivery of such goods, or other person-
al property, on the day of sale, the Collector may keep them
at the expense of the owner, and shall give notice of the time
and place of their sale, within five days after their taking, in
the manner Constables are required to give notice of the sale
of personal property under execution. The time of such sale
shall not be more than twenty days from the day of taking,
but he may adjourn the sale, from time to time, not exceed-
ing five days in all, and shall adjourn it at least once when
there are no bidders, and in case of adjournment, he shall put
up a notice thereof, at the place of sale. The fees for such
sale shall be the same as are allowed Constables for the sale
of property on execution. Any surplus remaining above the
taxes, cost of keeping, and fees of sale, shall be returned to
the owner, and the Collector shall, on demand, render an ac-
count, in writing, of the sale and charges.
TAXES.
163
CHAPTER LIX.
TAXES,
An Ordinance in relation to Poll Taxes.
1. Poll tax of two dollars on able bodied
male inhabitants, between 21 and 53 years.
Firemen exempt.
2. Poll tax may be paid by labor on the
street?, nnder the direction and authority
of the Street Commissioner.
3. When Street Commissioner must give-
notice.
4. Street Commissioner to give certificate
to person paying poll tax by labor on the
street, and report to Council by September
1st. names of persons to whom such certifi-
cates have been given. Council to make
entry on assessment roll ot taxes so paid.
5. Unpaid poll taxes to be certified and en-
tered on tax list.
6. Poll taxes paid in money to be part of
road fund.
7. Delinquent poll taxes may be collected
by civil action. Collector to report names of
delinquents.
8. When poll tax has been paid by laoor,
but not marked paid on tax list, Auditor
may make correction,
9 Duty of Collector when poll taxes are
due.
Beit ordained by the City Council of the City of Muscatine :
Section i. That there shall be assessed and levied, a poll
tax of two dollars, on every able bodied male inhabitant of
said City, between the ages of twenty-one and fifty years, for
street and road purposes, except such firemen as are exempted
under the State law, or ordinances of this City.
Sec. 2. Any person liable to such poll tax as herein pro-
vided, may pay and discharge the same by two days' labor on
the streets, alleys, or other public highways of the City, be-
tween the first days of April and September in each year, and
after the publication of the notice hereinafter provided for.
Such labor may be performed by the party himself, or by
any substitute offered by him and accepted by the Street
Commissioner, and must be performed at such time and place,
and in such manner as the Street Commissioner may direct.
Sec. 3. The Street Commissioner shall, on, or before the
first day of April in each year, or as soon thereafter as may be,
give notice to all persons desirous of paying their tax by per-
forming labor on the highways of said City, that they are re-
quired to perform the same at such place or places as he may
designate, within the next twenty days after the date of such
notice, and that in default thereof, they will be required to
pay the amount of such poll tax in money. Such notice
shall be given by publication in some newspaper of said City,
for three days, and shall be in the following, or equivalent
form ;
''Street Notice. — Each able-bodied male inhabitant of the
" City of Muscatine, between the ages of twenty-one and fifty
" years, is notified, that he is required within twenty days to
"report himself to the Street Commissioner, or to send asatis-
'* factory substitute to labor on the streets, alleys, or highways
l64 ORDINANCES.
*' of said City, for the space of two days, at such place, or
*' places as the Street Commissioner may designate; otherwise
*' such inhabitant will be required to pay the sum of two dol-
*' lars to the Collector of City taxes as a poll tax, and if the
" same is not paid to such Collector it may be collected by
"suit.
{Date here.) " Street Commissioner. "
No other notice shall be necessary.
Sec. 4. The Street Commissioner shall in all cases in
in which such poll taxes have been paid by work and labor
done, on the streets or other highways of the City, deliver to
the person so paying said poll tax, a certificate which may be
in the following form :
Office of thk Stkkkt Commissioneu. 1
City of Muscatine. J
'' This is to certify that has performed
*' two days' work and labor on the public highways of the City
" of Muscatine, under my direction, in payment of his poUtax
" for the year 18 — .
"Witness my hand this day of A. D., 18 — .
"Street Commissioner."
The Street Commissioner shall also report to the Council on
or before the first day of September, of each year, the names
of all persons to whom such certificates have been issued, and
the date of the same. The Council shall thereupon order that
all poll taxes entered upon the assessment roll against the
persons to whom such certificates have been issued be marked
" Paid by work. "
Sec. 5. All poll taxes which have not been paid by work
and labor, as herein specified, by the first day of September
in each year, shall be certified up with the assessment roll to
the County Auditor, to be entered by him on the general tax
list, and shall be treated as general taxes, possessing the same
liens on real property, belonging to the person against whom
they were assessed, bearing the same rate of interest, and
their collection may be enforced in the same manner.
Sec. 6. All poll taxes collected by the Collector of City
taxes, shall be placed as part of the road fund, and shall be
applied to street and road purposes only.
Sec. 7. The City Council may, in any case, bring a civil ac-
tion for the recovery of any poll tax, after the same has be-
come delinquent, against any male inhabitant of said City
who is subject to said tax, and against whom said tax has
been duly assessed, and who has not paid the same by per-
forming work on the streets, in the manner herein provided,
or otherwise. It shall be the duty of the Collector, whenever
TAXES. 165
required by the Council, to report to it the names of the per-
sons who have failed to pay the poll tax with which they have
been assessed. He shall also state what property, if any,
such persons are assessed with.
Sec. 8. Any person against whom a poll tax is assessed,
and returned in the tax list for collection, and who has paid
the same by labor done on the streets, shall deliver to the
Auditor, the certificate given to him by the Street Commis-
sioner, showing the performance of such labor, and the Audi-
tor shall thereupon mark the said poll tax paid, on the tax
list, with the proper explanation, and shall report the same to
the Council.
Sec. 9. It shall be the duty of the Collector of City taxes,
after the tax list shall have come into his hands for collection,
to notify every person against whom there is no other tax
assessed, except a poll tax, that such tax is due, and if the
same be suffered to become delinquent, payment thereof will
be enforced in the manner provided by law. Such notice
shall state the amount of such tax, and may be sent by mail.
A failure to receive such notice, or any defect therein, shall in
no manner affect the enforcement, or prejudice the collection
such tax.
CHAPTER LX.
TAXES.
An Ordniance in relation to the Correction of Assessments:
1. Council to make correction and equali- ! committee. When report must be made,
y.atiou in assessments as siiall be jusit and j H. Council mtxy direct Assessor to make
I'quitable. correction; property omitted may be as*
*2. Correction and equalization may be
made by Council, or referred to a committee.
Duty of committee, and Council on report of
sessed. (Jorrection made, when.
4» Council to approve and levy taxes.
Be it ordained by the City Council of the City of Muscatine :
Section i. Immediately after the Assessor shall have re-
turned'to the Council, the assessment made by him for the
}'ear then ensuing, it shall be the duty of the Council to ex-
amine the same, and, if necessary, to direct such correction
and equalization to be made in such assessment as shall be
just, equitable and proper.
Sec. 2. The Council may, if it sees proper, refer the assess-
ment to a committee for examination and correction. Such
committee shall thereupon proceed to make a careful investi-
gation of the assessment, calling to their aid the Assessor, if
l66 ORDINANCES.
they shall deem it advisable ; and if, in their judgment, the
assessment needs correction they shall report to the Council
such corrections as will tend more nearly to a fair and equal
distribution of the burdens of taxation among the tax payers
of the City. Such report shall be made on or before the third
Saturday in July following, and the Council shall thereupon
examine the assessment and the corrections made therein, if
any, by said committee and may make such additional cor-
rections as it shall deem just, necessary and proper.
Sec. 3. If the Council decides that the assessment needs
correction and equalization, it shall direct the Assessor to
make the required correction and equalization, and also to
add to it any taxable property which he may have omitted,
which may be assessed at its ordinary assessable value. Such
correction and equalization shall be made on or before
the third Saturday in August, although it may be made after-
wards, but not later than the last day of August.
Sec. 4. When the Assessor shall have made the proper cor-
rections and equalization of the assessment, as required by the
Council, the Council shall approve it, and shall thereupon
levy the proper percentage of taxes for the various purposes
for which it is required to levy taxes.*
CHAPTER LXI.
TREES.
An Ordinance for the protection ofShade and other Trees.
1. Not to tie animals to trees, or boxing,
without consent of owner.
2. Not to injure or destroy trees, or boxing.
3. Provisions of ordinance extend to what.
4. Penalty.
Be it ordained by the City Council of the City of Muscatine :
Section i. That no person shall tie, fasten, or hitch any
horse, or other animal, or team, of any description, to any tree
which has been, or may hereafter be planted on any street, or
avenue, or other public thoroughfare of the City, or to any
boxing placed around such tree, without the consent of the
owner, or occupant of the premises immediately adjoining.
Sec. 2. No person shall, without the authority of the own-
er, destroy or injure any tree so planted, or pull down, cut, or
destroy any such boxing, or other protection, without like
authority.
♦Sections 839, 830 and 831 of the Code, post page — constitute the City Council of any
City that is authorized to elect an assessor for State and County purposes, a board of equal-
ization for City purposes, and they are required to meet as such on the first Monday of
April, of each year.
WARDS. !67
Sec. 3. The provisions of this ordinance shall extend to and
timbrace shade and ornamental trees planted on any public
grounds of the City, whether set out by private individuals, or
by, or under the authority of the City.
Sec. 4. Any person violating the provisions of this ordi-
nance shall be deemed guilty of misdemeanor, and, on convic-
tion thereof, may be fined in any sum not exceeding twenty
dollars, and in addition thereto, shall be liable to a civil action
for damages at the siiit of the party injured.
CHAPTER LXII.
WARDS.
An Ordinance defining and establishing the Wards of the
City.
Be it ordained by the City Comicil of the City of Muscatine:
Section i. That the boundaries of the several wards of the
City shall be as defined in the act entitled " An Act to Incor-
porate the City of Muscatine, " approved February ist, 185 1,
except that the boundary lines described as the middle of
Walnut street, shall be extended to a point where they would
intersect a line draw^n east and west through the center of
Sections twenty-six and twenty-seven, in Township seventy-
seven, Range two west of the 5th Principal Meridian, so that
so much of the City as lies south and west of the line in the
middle of Chestnut street extended as aforesaid, shall be the
first ward. So much of the City as lies between said line in the
middle of Chestnut street, extended as aforesaid, and a similar
line in the middle of Walnut street, extended as aforesaid,
shall be the second ward, and so much of the City as lies
north and east of the line in the middle of Walnut street, ex-
tended as aforesaid, shall be the third ward.
l6S ORDINANCES,
CHAPTER LXIir.
WEIGHTS AND MEASURES,
An Ordinance in relation to Weights and Measures,
1. Weights and measures to be regulated. ! to exhibit for inspection or intertering witr»
City to furnish standard. | duties of inspector.
2. Inspector to be appointed.
3. Inspector to keep register of all instru-
ments inspected, of their correctness and
the names of owners. To report to Council
the names of all persons having incorrect
measures, and to give copy of register to
Recorder.
4. Must examine weights and measures at
Jeast once a year, to stamp correct and con-
demn incorrect measures, and to require the
owner to correct them. Penalty for rel using
5. Inspector must examine instrumentt*-
where they are used. May direct where they
are to be sent for repair and adjustment.
Penalty.
6. Weights and measures not to l>e used
until examined.
7. Fees of Inspector.
8. Owner to pay fees.
9. Can charge only for annual inspection,
except.
10. Complaints, how made.
Be it oi^dained by the City Council of the City of Muscatine .'
Section i. That hereafter there shall be a regulation of
weights and measures within the City, and the standard adopt-
ed by the State of Iowa shall be the test by which they shall
be determined. The City Council, at the expense of the City,
shall procure correct and approved standards, with their
necessary sub-divisions, for the purpose of testing and proving
the weights and measures of said standard used in the City.
Sec. 2. The City Council shall annually, on the first
Wednesday of April, or at some regular meeting thereafter,
appoint some competent person to be known as " Inspector of
Weights and Measures, " who shall hold his office for the term
of one year from the time of his appointment, and until his suc-
cessor is appointed and qualified.
Sec. 3. It shall be the duty of said inspector to make and
keep a regular register of all weights and measures, scale
beams, and steel-yards, or other instruments inspected by him,
in which he shall state the names of the owners of the same,
and whether they are conformable to the standard of the
State. And it shall also be his duty to report to the City
Council, the names of all persons whose weights, measures,
scale beams, or steel-yards are incorrect, and to deliver a copy
of his said register to the Recorder of the City.
Sec. 4. It shall be the duty of the inspector of weights and
and measures, at least once a year, to examine and test the
accuracy of all weights and measures, scales or other instru-
ments or things used by any person for weighing or measur-
ing any article for sale in said City of Muscatine ; to stamp
with a suitable seal, all weights and measures and scales so
used, which he may find correct, and deliver to the owner
WEIGHTS AND MEASURES. 169
thereof, a certificate of their accuracy, to condemn all weights,
measures and scales which he may find incorrect upon such
inspection, and to cause the owner thereof to have them cor-
rected and made conformable to said standard in the manner .
hereinafter provided, and any person refusing to exhibit any
measures or scales, or instruments for weighing or measuring
to said inspectoi, for the purpose of examination or inspec-
tion, as aforesaid, or obstructing him in the performance of
his duty, shall forfeit a penalty of not less than five dollars,
nor more than twenty-five dollars, for each offense, recovera-
ble before any Court having jurisdiction of the same within
the City.
Sec. 5' It shall be the duty of said inspector of weights and
measures to examine and put in good order, and seal all
weights, measures, beams and scales at the several places
where the same are used ; but if they be found not conforma-
ble to the standard of the State, they shall be sent by the
owner thereof to such place in the City as the inspector may
direct, for the purpose of being repaired and adjusted, and the
same shall be sealed within ten days after they have been tested
and condemned, and any person offending against the provis-
ions of this section shall, on conviction thereof, be fined in
any sum not exceeding twenty-five dollars.
Sec. 6. No person shall make use of any weight, scale,
measure, or any other instrument for weighing or measuring
any article for sale in the City, until the same has been duly
examined and sealed by the City Inspector of weights and
measures, under a penalty of not less than five, nor more than
twenty-five dollars, recoverable before any court of competent
jurisdiction in this City. All persons using weights, meas-
ures, scales or other instruments for measuring or weighing
any article for sale in this City, which have been sealed, shall,
upon application of the Inspector of weights and measures,
allov/ the same to be examined, tested and sealed as herein
provided, under a penalty of not less than fire nor more than
twenty-five dollars for failing so to do, and any person or per-
sons altering any weights, measures or scales, causing the
same to weigh or measure incorrectly, shall, on conviction
thereof, befined in any sum not exceeding one hundred dol-
lars.
Sec. 7. The Inspector of weights and measures shall be al-
lowed to receive the following fees for services rendered by
him, under this ordinance, viz : For inspecting and sealing
platform scales of five thousand pounds and upwards, includ-
ing weights, one dollar ; of less denominations, including
weights, fifty cents each. For inspecting and sealing large
beams, weighing one thousand pounds and upwards, includ-
22
I/O ORDINANCES.
in£f weights, twenty-five cents; of smaller denominations fif-
teen cents. Counter scales, including weights, fifteen cents.
For comparing and sealing any measures, bushels, ten cents ;
half bushels, five cents, less denominations, three cents. For
comparing and sealing wine measures each three cents. For
comparing, inspecting and sealing board and cloth measures
each five cents; for inspecting and testing the several scales
of the City for weighing of hay and coal one dollar each.
Sec. 8. The Inspector of weights and measures shall be en-
titled to charge and receive the fees as specified in this ordi-
nance from the owner, and he shall, in every case where he
may employ labor and material in making the same accurate,
be entitled to receive a just compensation therefor.
Sec. 9. It shall not be lawful for the Inspector to make
the aforesaid charges for inspecting and testing weights,
measures and scales oftener than once a year, unless at the re-
quest of the owner, or if any person or persons shall complain
of the inaccuracy of the scales, weights or measures, when he
shall be entitled to his regular fee.
Sec. 10. Complaints to the City Inspector need not be in
writing.
CHAPTER LXIV.
WEIGHERS, CITY.
An Ordinance providing for the appointment of City
Weighers and regulating their duties.
1. City Council shall appoint city weighers.
who shall be sworn to perform their duties
to the best of their ability.
2. When they shall attend. Amount to be
charged. Shall keep an account of and
give a certificate of all loads weighed by
him. Standard of weights and measures to
be kept in office.
3. Weigher must have weighed the wagon
or vehicle within twelve hours, unless he
has authority from the buyer not to do so.
Rule in regard to driver.
4. Intent to defraud purchasers; how pun-
ished.
5. City weigher to provide himself with
the facilities necessary for weighing live
stock. Charge for weighing same.
6. Compensation oi City Weigher, Shall
receive none, and scales to be subject to
examination.
Be it ordained by the City Council of the City of Muscatine :
Section i. The City Council shall appoint two or more
City Weighers, to hold their offices at the pleasure of the City
Council of said City, who shall be sworn to perform the duties
of such office to the best of their knowledge and ability, and
in conformity with all the provisions of this ordinance.
Sec. 2. Such City weigher or weighers shall attend at all
reasonable times to weigh any load which any person may de-
sire to have weighed, and for every load net which he weighs
he shall be entitled to charge ten cents, and he shall keep an
I
WATER DISTRICT. I/I
account of the weight of such load by him weighed, date of
weighing, and name of person for whom weighed, and shall
furnish to the person having such load weighed a certificate
for each load, which certificate shall contain the j^ross and net_
weight of such load weighed by him, date of weighing, and
name of person for whom weighed, and he shall compute the
net weight into the other denominations according to the
standard of weights and measures of the State of Iowa, and a
table of standard weights and measures shall be posted at
some conspicuous place in his office.
Sec. 3. No city weigher shall give a certificate for any load
weighed by him without having weighed the empty wagon or
vehicle within twelve hours before or twelve hours after
such load was weighed, unless he has the written consent of
the buyer of the load. It shall be the rule that the driver of
all teams be off the wagon when weighed, and it shall be the
duty of the city weigher to mark on the certificate any de-
viation from this rule.
Sec. 4. If any person, after having had a load or a part of
a load weighed shall remove any portion of such load or part
of a load, before delivery, with intent to defraud the purchaser
such person shall be guilty of a misdemeanor and, on convic-
tion thereof, shall pay a fine of not less than five dollars and
costs, and not more than one hundred dollars and costs.
Sec. 5. Such city weigher shall provide himself with the fa-
cilities necessary for weighing live stock, and shall be entitled
to charge for the weighing of hogs two cents per head, and
for live cattle three cents per head; but in no case shall he be
compelled to put up a rack for less than twenty-five cents per
draught, nor weigh any draught for less than five cents.
Sec. 6. Such city weigher shall receive no compensation
from the City for his services, and his scales shall at all times
be subject to the examination of the legal inspector.
CHAPTER LXV.
WATER DISTRICT.
An Ordinance defining the limits of the Water District in
the City of Muscatine, and providing for the levy of a
special tax on property therein.
1. Property within the district to be sub-
ject to a tax.
2, What shall constitute the water district.
3. Property not within the benefit and
protection of the Water Works not taxable.
Be it ordaiited by the City Council of the City of Muscatine:
Section i. All that part of the City of Muscatine laid out
1/2 ORDINANCES.
in blocks bearing numbers as hereinafter designated and speci-
fied, shall be, and same is hereby declared to be the *' Water
District" in said City, and persons residing and property situ-
ated within said district shall be subject to the special tax
authorized and required to be levied to pay to the City, water
rents, etc., as provided by Section 475, Chapter 10, Title 4,
Code of Iowa, 1873.
Sec. 2. The following blocks and parts of blocks shall com-
pose said Water District, to-wit : Blocks number six (6), sev-
en (7), eight (8), nine (9), ten (10), eleven (11), twelve (12),
thirteen (13), fourteen (14J, fifteen (15), sixteen (16), seventeen
(17), eighteen (18), nineteen (19), twenty-seven (27), twenty-
eight, (28), twenty-nine (29), thirty (30), thirty-one (31), thir-
ty-two (32), thirty-three (33), thirty-four (34), thirty-five (35),
thirty-six (36), thirty-seven (37), thirty-eight (38), thirty-nine
(39), forty (40), forty-one (41), forty-eight (48), forty-nine
(49), fifty (50), fifty-one (51), fifty-two (52), fifty-three (53),
fifty-four (54), fifty-five (55 ), fifty-six (56), fifty-seven (57), fifty-
eight, (58), sixty (60), sixty-one (61), seventy-two (72^ seventy-
three (73), seventy-four (74). seventy-five (75), seventy-six
{76), seventy-seven ij7), seventy-eight {y8), seventy-nine (79),
eighty (80), eighty-one (81), eighty-two (82), eighty-three (83),
eighty-four (84), eighty-five (85), ninet3^-three (93), ninety-
four (94), ninety-five (95), ninety-six (96), ninety-seven (97),
ninety-eight (98), ninety-nine (99), one hundred (100), one
hundred and one (lOi), one hundred and two (102), one hun-
dred and three (103), one hundred and four (104), one hun-
dred and five (105), one hundred and six (106), one hundred
and seven (107), one hundredand fifteen (115), one hundred
and sixteen (i 16), one hundred and seventeen (i i7),one hundred
and eighteen (118), one hundred and nineteen (i 19), one hun-
dred and twenty (120), one hundred and twenty-one (121),
one hundred and twenty-two (122), one hundred and twenty-
three (123), and lots one, two, three, four and five in block
one hundred and forty-two (142); lots one, two, three, four and
five in block one hundred and forty-three (143), lots one, two,
three four and five in block one hundred and forty-four (144);
lots one, two, three, four and five in block one hundred and
forty- five (i45>; lots one, two, three, four and five in block
one hundred and forty-six (146;, lots one, two, three, four and
five in block one hundred and forty-seven (147), lots one,
two, three, four and five in block one hundred and forty-eight
(148), lots one, two, three, four and five in block one hundred
and forty-nine, (149), and lots one, two, three, four and five in
block one hundred and fifty, (150), and including in said Water
District, all property lying within the northerly line of Front
street and Mississippi river, from Spruce to Spring streets.
WATER WORKS.
17?>
Sec. 3. Taxable property within the City, not situated
within said Water District, being deemed not to be within
the limits of benefit or protection of the water works, shall
not be subject to the tax mentioned in the preceeding sections.
CHAPTER LXVI,
WATER WORKS.
An Ordinance to provide for a proper supply of water for
use and protection from fire.
I
1. Exclusive franchise granted for a term
()f tweiity-five years.
2. Rijiht to use streets, &c.. granted
Streets not to be nnnecessurily obstructed.
Streets to be repaired. City may repair if
company fails and charge Compahy with ex-
pense.
3. Duty of Company upon its acceptance of
the franchise granted by the ordinance
Must make survey and plat. Pipes to be
laid six feet below the surface of the ground.
City to have free use of fire hydrants, in
case of fire. Quantity of water to be kept in
reservoir.
4. City to pay "-ent for use of fire hydrants.
5. Penalty for turning water on hydrants
without authority.
6. Company authorized to enter upon the
premises of any consumer of water fur-
nished by it' to examine pipes and fixtures,
and prevent waste. May shut oflT water from
private premises.
7. City to pass ordinances for the protec-
tion of water works, and to compel the com-
pany to perform its duties.
8. Rates to be charged for use of water.
9. When company may condemn private
property, and in what manner.
10. Company may erect certain buildings
on water front of said City.
11. Public square demised to the company.
Purposes and conditions of such demise.
12. City reserves right to purchase the
works of said company upon appraisement ,
Appraisers, how chosen. When City may
declare franchise forfeited.
13. Company to file acceptance of ordi-
nance within thirty days after its passage, if
accepted. If acceptance be so filed, this or
dinance to constitute a contract between
the City and Company.
I
Be it ordained by the City Council of the City of Muscatine:
Section i. That there is hereby granted to J. A. Bishop,
G. W. Dillaway, S. &. L. Cohn, W. W. Webster, W. S. Rob-
ertson, R. M. Burnett, Wm. C. Wier, R. Musser, R. M.Baker,
J. T. Krehe, S. G. Stein, L. W. Olds, H. Funck, J. Rubelmann,
and P. Stein, and their associates, who shall organize as a cor-
poration under the laws of Iowa, under the name and style of
the ** Muscatine Water Works Company, "and to their succes-
sors and assigns, the exclusive privilege for twenty-five (25)
years, and an equal right thereafter with all others, of supply-
ing the City of Muscatine with water to be taken from the
Mississippi river, at such point or points as the company shall
deem most expedient.
Sec. 2. That the said Muscatine Water Works Company,
its successors and assigns, during said term of twenty-five
years, shall have the right to use any street, avenue, lane, al-
ley, square, sidewalk, wharf, landing, or river ^ront, for the
174 ORDINANCES.
purpose of laying down therein, and of altering, enlarging,
maintaining and repairing pipes and other fixtures for convey-
ance and distribution of water to the City and its inhabitants.
And in the performance of such work no unnecessary obstruc-
tion to the public, to travel or to business, shall be permitted
by the City or the company. And the said company shall,
as rapidly as practicable, repair the street or other place so
used, and restore the same to as good condition as before such
work was done. And in case the company shall neglect to
make such repair and restoration within a reasonable time,
and after being duly notified by the City, the City Council
may cause such repair and restoration to be made at the ex-
pense of said company, and may recover such expense of the
company in an ordinary action at law. And in case any per-
son, right or property be injured by the negligence of said com-
pany, its agents or employes in the work in this section set
forth, the company shall be liable therefor.
Sec. 3. The said company shall, upon its written accept-
ance of the franchise by this ordinance granted, proceed to
make suitable arrangements for carrying out the purposes
thereof; and to that end, shall within a reasonable time, make
a topographical survey and plat of that part of the City of
Muscatine wherein the first two miles of main pipe shall be
laid, to-wit : Second and Fifth streets, between Locust and
Oak streets, including necessary connections, and connections
with pumping works and reservoir, with such variations from
the line of either or any of said streets, as the nature of the
ground may render expedient. And the said survey and plat
shall show the proposed location of the pumping works and
reservoir, and the mains- connecting therewith ; the size of the
main pipes ; where fire hydrants are to be located ; and the
number and location of all stop cocks for shutting off the wa-
ter in the mains ; and the said plat shall be filed with the City
Recorder. And in case of every extension of, or addition to
said street mains, the location and size thereof shall be desig-
nated upon said plat by the company, or a new plat filed, as
the case may require.
And the said company shall, by the first day of July, A. D.,
1876, lay down at least two miles of such main pipe, and the
said pipe and all future extension thereof, shall be of sufficient
capacity to deliver the requisite amount of water for domes-
tic use and fire protection, and shall be so laid as to give a
continuous circuit to the flow of water throughout the entire
system of main pipes. And said pipes shall be laid below the
reach of frost, to a depth of at least six feet from the surface
of the ground to the bottom of the trenches.
WATER WORKS. 1/5
And there shall be located at each street crossing on and
along said two miles of main pipe, one double discharge fire
hydrant, for the use of the City for fire protection, and the
said City shall at all times have the free and unobstructed use
for fire purposes, of the said fire hydrants ; and the said City,
its proper officers and employes, shall have the right at all
times, for the purpose of extinguishing fires, to take water from
said fire hydrants without charge therefor to the City, save
and except the annual rental hereinafter and by this ordinance
agreed, stipulated and provided to be paid by said City.
And after the construction of its reservoir, said company
shall at all times keep at least five hundred thousand gallons
of water in the reservoir, and in case of fire shall get up steam
as soon as possible for the purpose of re-enforcing said supply
of water ; and the reservoir and the main pipes laid in distri-
bution, shall have a capacity to throw at least four streams of
water simultaneously from one inch nozzles, to a height of one
hundred feet, at such points on the line as shall be deemed
feasible by the City and the company.
Sec. 4. And be it further ordained, that in consideration of
the use of said fire hydrants, on the said two miles of main pipe
and the water therefrom, as in the preceding section set forth,
and as an annual rental therefor and payment for such use and
right of use, the said City of Muscatine shall, and will in each
and every year during the life of the franchise by this ordi-
nance granted, pay unto the said Muscatine Water Works
Company, the sum of four thousand dollars, in equal quarter-
yearly installments, payable to the Treasurer of said compa-
ny on the first Monday in March, June, September and De-
cember of each year.
And the said rental shall commence and take effect as soon
as said hydrants are ready for use, and the said company com-
plies with the provisions of this ordinance.
And for every additional fire hydrant put in by said com-
pany with the consent of said City, by vote or resolution of
the City Council, previously expressed, upon any extension
of or addition to said two miles of main pipe, or elsewhere,
and provided the same be requested by the property holders
interested, the said City shall pay unto said company an an-
nual rental of seventy-five dollars, payable quarter-yearly, as
aforesaid ; the City to have the same use of such additional
fire hydrant or hydrants as of those on the first two miles
above specified.
Sec. 5. Any person who shall, without authority of said
company, turn water on the fire hydrants, or any of them, ex-
cept by order of the City, its officers or employes, for the
176 ORDINANCES.
purpose of extinguishing fire shall be deemed guilty of misde-
meanor and on conviction thereof, shall be fined not less than
ten nor more than twenty-five dollars, or, at the discretion of
the Court, be imprisoned not less than five nor more than thir-
ty days.
Sec. 6. Said company, or its properly authorized agents or
employes, shall have the right at any reasonable time to en-
ter upon the premises of any consumer of water furnished by
said company, for the purpose of examining the condition of
the pipes and fixtures of such consumer and preventing waste
of water. And in case any consumer shall fail to repair defects
in his pipes or fixtures, or shall waste said water, or suffer the
same to be done, the company shall have the right to shut ofC
the water from the premises of such consumer until such re-
pairs are made, or satisfactory assurance given that the water
shall be properly used.
And the company shall have the right to shut off the water
from the pipes for a reasonable time for the purpose of mak-
ing necessary repairs, or the putting down of extension pipes.
Sec. 7. The City Council of said City shall, during the life
of said franchise, pass all ordinances, penal, or otherwise, that
may be necessary to carry out the provisions of this ordinance;
to protect the rights and interests of said company ; to pre-
serve the purity of the water from whence the supply is tak-
en, and to compel the said company to perform its duties and
obligations as contained and set forth in this ordinance.
Sec. 8. The rates to be charged by said company for water
furnished to consumers, shall not exceed the average rates
charged by or in the cities of Clinton, Iowa ; Davenport, Iowa;
and Des Moines, Iowa.
Sec. 9. The said City of Muscatine hereby grants to and
confers upon the said Muscatine Water Works Company, all
the rights, powers and privileges possessed, or that might be
possessed or exercised by said City under the laws of Iowa,
to condemn private property for the purpose of constructing
said Water Works and reservoir thereon, and of maintaining
and operating the same.
And the said company is authorized to make such condem-
nation of private property, for the purposes aforesaid, in the
manner and with the effect provided by law.
Sec. 10. And there is hereby granted unto said company
the right to build, construct and maintain its pumping works
and necessary buildings and other structures in connection
therewith, at such point on the river front of said City, as
may be deemed best suited for the purpose ; such point to be
so located as to avoid interference with the rights of the pub-
WATER WORKS. 1/7
lie SO far as possible, and consistently with the safety and im-
portance of said works.
Provided, that such pumping works and structures shall not
be located upon the river front or levee, between Chestnut
Street and Iowa Avenue, inclusive of said streets.
Sec. II. And be it further ordained that there is hereby
let and demised unto the said Water Works Company, for the
said term of twenty-five years, the open space of ground be-
tween blocks 49, 50, 83 and 84, known and designated on the
City map as the " Public Square, " for the purpose of improv-
ing, beautifying and adorning the same ; and with the privi-
lege of constructing and maintaining thereon, a reservoir, hav-
ing a capacity of one million gallons. And the said company
shall at all times save and hold the City free, clear and harm-
less of, and from all loss, cost or expense or damage by reason
of the grant in this section contained. And in consideration
of said grant and lease, and provided the said company shall
construct such reservoir upon said ground, the said company
shall and must at once proceed to adorn and improve the re-
maining portions of said ground, so far as the nature of said
ground will permit, by planting trees thereon, and making
the streets through the same in good order, and providing
convenient footpaths, and shall at all times keep the said
ground and the works and improvements thereon in good
order and condition.
Sec. 12. That in consideration of the rights and privileges
herein granted unto said company, the City hereby reserves
the right, at the expiration of five, ten or fifteen years from
the date of the passage of this ordinance, to take from the
company the entire works, together with its franchise and
privileges, at a valuation then to be agreed upon, in the fol-
lowing manner, to-wit : The City shall give the company one
year's notice, in writing, of its intention to take the works as
aforesaid ; and the City shall thereupon appoint two apprais-
ers, and the company shall appoint two appraisers, and the
four appraisers so chosen shall choose a fifth, and said five ap-
praisers shall proceed to value all the franchises, buildings,
machinery, fixtures and materials then on hand belonging to
said company, and upon the payment by said City to the com-
pany of the amount of such valuation, the company shall at
once deliver to the City all of said property ; a finding and
valuation by a majority of the appraisers shall be binding on
both parties.
And it is hereby further provided, that in case the four ap-
praiserj chosen as aforesaid, shall refuse or neglect, for thirty
days after their appointment, to select a fifth, then, and in that
23
178 ORDINANCKS.
case, either party may apply to the Judge of the District
Court of this Judicial District, who shall, upon such applica-
tion, appoint the fifth appraiser ; and it is also provided that
a failure on the part of the company, for thirty days, to select
the two appraisers as hereinbefore provided, shall authorize
the City to apply to the said Judge, w ho shall thereupon ap-
point said two appraisers, as is provided of the fifth appraiser.
And it is further understood and provided, that any disa-
greement between the City and the company shall be settled
by arbitration, each party selecting one, and the two selected
shall select a third, and the decision of said three arbitrators
shall be final and conclusive between the parties. But noth-
ing in this section contained shall affect the rights reserved to
the City in section two of this ordinance, to institute actions
for the causes in said last mentioned section set forth.
And the City further reserves the right to declare the fran-
chise granted by this ordinance forfeited, in case the Compa-
ny shall unreasonably neglect or refuse to fulfill and perform
the conditions by this ordinance imposed upon it.
Sec. 13. A failure on the part of said company for sixty
days from and after the passage of this ordinance, to file in
the office of the City Recorder a written acceptance of the
franchise hereby granted, shall subject such franchise to for-
feiture. But if such acceptance be filed, then this ordinance
shall constitute and be construed as a contract between the
said City of Muscatine and the said Muscatine Water Works
Company, and the same shall not be subject to amendment or
appeal without the consent of both s;iid parties.
CHAPTER LXVIL
WATER WORKS.
An Ordinance providing for the Management and Protec-
tion of the Property and Rights of the Muscatine Water
Works Company.
1. The Company to attach service pipes to
btreet mains when proper application is
made therefor. No other person allowed to
connect such pipes to the mains.
3. Persons using water to keep the hy-
drants in repair.
3. No person allowed to hitch i.; in^mal
to any hydrant, or break, or deface any
property belonijing to said company.
4. OrtVil or other filthy matter not to he
placed in the reservoir of said company, or
in the ^lississippi river within the City lim-
its.
5. Penalty.
Be it ordained by the City Council of the City of Muscatine :
Section i. That it shall be the duty of the Muscatine
Water Works company to attach service pipes to the street
WATER WORKS. 1/9
mains whenever proper application is made therefor, the ex-
pense of such attachment to be paid by the applicant, and no
plumber, pipe-fitter or other person shall, without the written
consent of said compan} , (^r its proper managing agent, bore
or drill into the mains or other pipes of the company for the
purpose of attaching or connecting service pipes therewith,
nor permit anyone in his or their employ so to do.
Sec. 2. All persons using water supplied by said company
shall keep the hydrants, taps, hose, water closets, urinals,
baths or other fixtures allotted to their use, in good repair,
and shall keep the same closed, except when obtaining water
for use, and shall be responsible for any damage that may re-
sult to others from the improper use or waste of said water,
and in addition thereto be subject to the penalty hereinafter
provided.
Sec. 3. Any person a\ ho shall hitch any horse or other ani-
mal to any hydrant, or who shall in any way, intentionally or
carelessly break, deface or in any manner injure or destroy
any hydrant or other property belonging to said Water Works
Company, or belonging to others, and used in connection
with the Water Works, shall be liable for all damage done and
and subject to the penalty hereinafter provided.
Sec. 4. It shall be unlawful for any person to throw, place
or deposit any substance or thing of whatever nature in any
reservoir that may be bm'lt, owned or controlled by said com-
pany or used in connection with said water works, or to de-
posit any carcass, carrion, offal from slaughterhouses, or other
offensive, poisonous, filth\- or decaying matter, or substance
upon the ice or in the water of the Mississippi river, or any
creek tributary thereto, at any point above the Chicago, Rock
Island and Pacific Railroad De pot within the limits of the
City of Muscatine.
Sec. 5- Any person \vlio shall do or perform any act or
thing prohibited by this ordinance, or by its terms declared
unlawful, shall be guilt} of a misdemeanor, and on conviction
thereof shall be fined in any sum not exceeding one hnndred
dollars, and be required to pay costs of prosecution.
pay wharf charges to forfeit thirtj- do'lars to
use of the City.
a. No one allowed to keep a wharf, tradiiijij
or fishing boat, without permission from the
City. Penalty for refusing to remove the
same.
7. No one allowed to obstruct landing.
Expense of removal of any ob.structit)n to be
snstaii.ed by owner of such obstruction.
8- Duty of wharfmaster to see that this or-
dinance is complied with and report to City
Council each month the amount of money
collected, and to supply necessaries for the
landing of boats.
9 Wharfmaster to give bond. Compensa-
tion. Money to be paid to City Treasurer.
l8o ORDINANCES.
CHAPTER LXVIII.
WHARVES AND WHARFAGE.
An Ordinance relating to Wharves and Wharfage.
1. Defining wharf and City to be paid for
the use of the same. Wharf to be kept free
from all obstructions.
2. No keel boat, barge or lighter shall be
tied at said wharf in such manner as to ob-
struct the landing of steamboats, and rafts
or lumber not permitted to land at all. Fer-
ry uoat to have use of part designated.
3. Violation of preceding secticms to be
punished by fine, and parties liable for any
damagen occurring,
4. Amount to be charged and paid by each
steamboat landing at the wharf. Charges
for boats making more than three landings
per week.
5. Any master of steamboat refusing to
Be it ordained by the City Council of the City of Muscatine :
Section i. That that portion of the bank or shore of the
Mississippi river, lying between Iowa Avenue and Pine street,
including the full width of said streets, is hereby declared to
be an improved wharf or levee, and all steamboats or other
vessels landing at or using such wharf shall pay to the City,
for such use, the fees hereinafter named as a compensation for
the expenditures incurred in constructing, improving and re-
pairing said wharf and levee, and such wharf and levee shall
be kept free fro n obstructions except articles deposited in the
receipt and discharge of freight from boats and vessels paying
wharfage, and such articles shall only remain a reasonable
time, to be determined by the wharfmaster.
Sec. 2. No keel boat, barge or lighter shall be permitted to
be tied at said wharf in such manner as to obstruct the land-
ing of steamboats, and no raft of lumber, logs or other ma-
terial shall, under any pretext, be permitted to land at said
wharf. Provided that the ferry boat shall be allowed a rea-
sonable use of such part of said wharf as lies in front of lot five
in block eleven and the river end of Iowa avenue.
Sec. 4. A wharfage of two dollars and fifty cents shall be
charged for and paid by each steambort landing at and using
the steamboat wharf of said City for each and every landing so
made ; provided, that all boats that make at least three land-
ings or more per week shall be charged one dollar and fifty
cents, and boats making more than three landings per week
one dollar for each and every time said boats land at and use
the steamboat wharf of said City. That tow boats belonging
to persons residing in the City, and towirig wood or coal and
WHARVES AND WHARFAGE. l8l
Other crafts of burden, shall pay one dollar for each and every
time they land at and use said City steamboat wharf.
Sec. 5. The owner, master or clerk of any steamboat or
other craft, subject to the payment of wharfage, refusing to
pay the above wharfage on the request of the wharfmaster, or
intentionally avoiding such payment shall forfeit to the use
of said City a sum not exceeding thirty dollars.
Sec. 6. No person shall keep a wharf boat or trading boat
or boat for selling and catching fish, commonly known as fish-
boat, at the river landings in the City except by special per-
mit of the City Council; and the owner or keeper of any such
boat laying to without such permit, refusing to remove the
same, on notice to that effect by the wharfmaster, shall for-
feit to the use of the City, five dollars a day for each day it
remains after such notice is given.
Sec. 7. No person shall be allowed to obstruct the landing
anywhere within the City limits, by rafts, wood or coal boats
or other craft laying to, or wood corded for sale, or lumber
piled for shipment, beyond a reasonable length of time ; and
if the obstruction-is not removed in a reasonable length of
time after notice given by the wharfmaster, the wharfmaster
shall proceed to remove the sam.e and charge the expense of
said removal to the respective owners of the property so re-
moved.
Sec. 8. It is hereby made the duty of the wharfmaster to
see that the provisions of this ordinance are strictly complied
with and report to the City Council at the end of each month
the whole amount of money collected for the month specifying
the boats or other crafts from which said moneys are collected,
and it shall be the duty of the wharfmaster to have all neces-
sary posts and rings for securing boats to the wharf placed
and kept at the proper points, the expense thereof to be paid
from wharfage receipts.
Sec. 9. The wharfmaster shall give a bond with sureties,
in the penal sum of one thousand dollars, for the faithful per-
formance of his duties and shall be entitled to retain six per
cent, of all funds collected by him, which shall be his com-
pensation in full, paying over the balance at the end of each
month to the City Treasurer.
I82
ORDINANCES.
II
CHAPTER LXIX.
STREETS AND ALLEYS.
An Ordinance in relation to Sidewalks.
be asf^essed and to constitute a special tax,
7. Width of temporary sidevvalkp.
8. Council may order temporary sidewalk
to be laid.
9. When Council may direct the construc-
tion of temporary gidewalks. Expense of
Paid out of road fund. Cost to be levied as
as a special tax.
10. Dut}- of owner in regard to sidewalk,
n. Assessments made against lots; how
collected. Marshal to make return. Un-
paid assessments to constitute a tax.
1. Permanent and temporary sidewalks.
2. What deemed permanent; what deemed
temporary.
3. How permanent sidewalks shall be con-
structed and of what material.
4. Council may order sidewalks to be con-
structed, when. What order shall contain.
Notice to be given. Duty of owner.
5. Duty of Mayor in case owner should re-
fuse or fail to construct any sidewalk or-
dered. Contract for work. What it must
provide.
6. Cost of work paid out of road fund. To
Be it oi'dained by the City Council of the City of Muscatitte:
Section i. That all sidewalks now constructed, or hereaf-
ter to be constructed in the City of Muscatine shall be divid-
ed into two classes, to be known and designated as perma-
nent sidewalks and temporary sidewalks.
Sec. 2. All sidewalks already constructed upon any street
or part of street, in conformity with the established grade
thereof, not less than ten feet wide, shall be designated and
be deemed to be permanent sidewalks; and all sidewalks al-
ready constructed upon any street or part of street, whether
in conformity with the established grade or not, of a less
width than ten feet, shall be designated and be deemed tem-
porary sidewalks.
Sec. 3. Permanent sidev/alks, hereafter to be constructed,
shall be of brick, stone or plank, ten feet wide; (except on
Iowa Avenue, where they shall be twelve feet wide); if of
plank, the same shall not be less than two inches in thickness,
laid at right angles with the street on sleepers not less than
four inches thick and securely nailed with spikes. The outer
edges of the sidewalks shall be on a level with the center
grade of the street and rise one-half an inch to the foot up to
the line of the lot.
Sec. 4. Whenever a street or portion thereof shall have
been graded the City Council may, on being presented with
a written petition signed by a number of the owners of prop-
erty abutting on or lying along said street, or part thereof,
equal to a majority of the resident owners of such property,
or in the absence of such petition, by a vote of three-fourths
STREETS AND ALLEYS. 1 83
of the whole number of members of said Council, order per-
manent sidewalks to be constructed along such street or por-
tion thereof, and shall by such order designate the width of
such sidewalks and the material of which they shall be con-
structed. Written or piinted notices of such order shall be
given by the City Marshal to such owner or owners or their
agents, if they be residents of the City, by serving the same
in person, or by leaving them a copy at their usual place ot
residence; and in case of non-resident owners, having no
known agents in the City, such notice shall be given by pub-
lication for one week in some newspaper of the City, and
thereupon it shall be the duty of each owner of any lot or
piece of ground abutting on or lying along said street or part
of street, to construct the sidewalk in front of said lot or piece
of ground, in conformity with the directions of such order and
the provisions of this ordinance, within ten days after such
notice shall have been given.
Sec. 5- I^ case any of such owners shall fail or neglect to
construct the sidewalk, as provided in the preceding sections,
within the time therein limited, it shall be the duty of the May-
or to advertise in some newspaper of the City, for two weeks,
if published in a weekly and one week if published in a daily
paper, for bids for the construction of such sidewalks so omit-
ted to be constructed by said owners, in conformity to the or-
der of the Council directing their construction and to this or-
dinance. Such bids when received, shall be reported by the
Mayor to the Council, who may in their discretion award the
contract for such construction, to the lowest bidder, or may
reject all bids and direct new bids to be received. All con-
tracts awarded for such work shall be in writing, and shall be
accompanied by the bond ot the contractor in such penalty
and with such surety as the Mayor shall deem sufficient for
the faithful performance of the work contracted for. Such
contract shall provide that the work shall be done under the
supervision and to the acceptance of the Street Commissioner
or such committee as the Council may appoint.
Sec. 6. The cost of the work done under such contracts
shall be paid to the contractor out of the general road fund and
reported to the City Assessor with a list of the lots or pieces
of ground along which said sidewalks shall have been so con-
structed, and <-he Assessor shall then assess the whole amount
of such expense, including that of advertisement and all ex-
penses incident to the work, upon the several lots or pieces c
l84 ORDINANCES.
land, and the owners thereof, in proportion to the number of
front feet of each lot in front of which said sidewalk shall have
been laid; and the amount so proportioned to each lot and
owner thereof shall constitute a special tax against such lot
and owner, and the same with all interest, penalties, and costs
accruing thereon, shall be a lien upon the lot until paid.
Sec. 7. Temporary sidewalks shall not be less than four
feet wide, constructed of plank not less than two inches thick
resting on sleepers not less than four inches thick, and may
be laid either at right angles to or parallel with the streets.
Sec. 8. The City Council may at any time, order and di-
rect the owner or owners of any lot or piece of ground, along
which a permanent sidewalk has not been laid, whether the
street on which the same abuts has been brought to grade or
not, to lay down a temporary sidewalk.
Sec. 9. If any such owner shall fail to construct said tem-
porary sidewalk, when ordered by the Council, or to repair
such sidewalk, whether permanent or temporary, within
ten days after notice to such owner, or the agent there-
of, given by the City Marshal, or if such cannot be found, then
by posting the notice on said lot or lots, and after the return
thereof to the City Council by the Marshal, the Council may
direct the construction or repair of any such sidewalks at the
expense of the City \ provided, that the expense of construct-
ing or repairing temporary sidewalks shall not exceed forty
cents per linear foot. Said expenses shall be reported to the
City Council, and shall be paid out of the general road fund,
and the amount thereof shall be levied as a tax against said
lot or lots and reported to the City Assessor, who shall as-
sess the same against the owner of said lot or lots according
to the number of front feet of each lot, and said assess-
ment with all interest, penalties and costs accruing thereon
shall be a lien upon the lots so assessed from the time such
assessment is made.
Sec, 10. It shall be the duty of every owner of a lot or piece
of ground, fronting on any street, to keep and maintain in re-
pair the sidewalk, whether permanent or temporary, which is
or shall be laid along said street in front of said lot or piece
of ground.
Sec. II. All the assessments hereinbefore provided for.
whether for constructing or repairing permanent or tempora-
ry sidewalks, shall be returned, when made, to the City Re-
corder, who shall thereupon make out bills of receipt for
STREETS AND ALLEYS.
I8S
the amount of said assessment against the owners of the lots
so charged, and shall deliver the same to the Marshal for col-
lection. It shall be the duty of the Marshal forthwith to de-
mand and collect the same, adding to the amount of said bills
five per cent, for his fees, and make return of money collected
to the City Treasurer, and to return the bills uncollected to
the City Recorder within twenty days from the time he first
received them, accompanied by a certificate to the effect that
he has presented the said bill to the person or persons charged
or to his or their legal agents, and demanded payment thereof
and that such payment has not been made, or that such own-
er or agent could not be found so as to present the bill to
them. And all such assessments so uncollected shall then be
placed on the City tax list, with a penalty of twenty per cent,
added thereto, and shall be returned and collected as other
special taxes with like interest and costs.
24
APPENDIX
MISCELLANEOUS PROVISIONS OF THE CODE OF
APPLICABLE TO CITIES ACTING UNDER
SPECIAL CHARTERS.
873
PART OF CHAPTER 10 OF TITLE 4, OF THE CODE,
CONFERRING CERTAIN POWERS, AND IMPOS-
ING CERTAIN DUTIES ON CITIES ACTING UN-
DER SPECIAL CHARTERS.
1. Council have power to grade and repair
streets and alleys; construct sewers. No
street to be graded except by affirmative vote
of two-thirds of tbe Council. (Code 465.)
2. To construct sidewalks, or improve al-
leys or highways. Levy tax on adjacent
property to pay for such improvements.
(Code 466.)
3. Repairing permanent sidewalks, and ex-
pense of same. (Code 467.)
4. Laying temporary sidewalks and costs
ot same. (Code 468.)
5. Changing erade of streets after im-
provements are made. iDamages allowed,
and manner of assessing. Appeal, how and
when taken. (Code 469.)
6. Purchasing or condemning lands for
public purposes ; power to improve and con-
trol the same. (Code 470.)
7. Water Works. Power to erect. (Code
471.)
8. Extent of jurisdiction &c. (Code 472.)
9. May grant to individuals and corpora-
tions right to build works. Terms of fran-
chise. Water rates, how agreed upon.
(Code 473.)
10. May condemn private property. (Code
474.)
11. May assess water rates and levy a spe-
cial tax. (Code 475.)
12. Manner of condemning private proper-
ty for public use; under this chapter applica-
tion to be made to the Circuit Court, &c-
(Code 476.)
13. Damages to be paid or deposited. Pos-
session, when to be taken. Costs, how paid.
Delays how avoided. (Code 477.)
14. Charges on lots, how assessed and en-
forced. May be by suit . (Code 478.)
15. Court trying cause to disregard infor-
malities. Interest and penalty allowed in
certain cases. The foregoing sections made
applicable to special charters. (Code 479.)
Section i. They shall have power to provide for the grad-
ing and repairs of any street, avenue or alley, and the construc-
tion of sewers, and shall defray the expenses of the same out
of the general funds of such City or Town, but no street shall
be graded except the same be ordered to be done by the af-
firmative vote of two-thirds of the City Council or Trustees.*
*As to improvement of alleys see chapter 51, Laws 1874, post section 12, chapter 116 of
Acts of 1876.
STATUTES CONCERNING CITIES. I87
Sec. 2. They shall have power to construct sidewalks, to
curb, pave, gravel, macadamize and gutter any highway or al-
ley therein, and to levy a special tax on the lots and parcels
of land fronting on such highway or alley to pay the expense
of such improvement. But unless a majority of the resident
owners of the property subject to assessment for such im-
provement petition the Council or Trustees to make the same
such improvements shall not be made until three-fourths of
all the members of such Council or Trustees shall, by vote,
assent to the making of the same.
Sec. 3. They shall have power to repair permanent side-
walks, and to assess the expense thereof on the property
in front of which such repairs are made.
Sec. 4. They shall have power to provide for the laying of
temporary plank sidewalks upon the natural surface of the
ground, without regard to grade, on streets not permanently
improved, at a cost not exceeding forty cents a lineal foot,
and to provide for the assessment of the cost thereof on the
property in front of which the same shall be laid.
Sec. 5. When any City or town shall have established 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 such City or Town shall
alter said established grade in such manner as to injure or di-
minish the value of said property, said City or Town shall pay
to 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 property, 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 Trustees. If the owner of such proper-
ty 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 as-
sessed shall have been paid or tendered to the owner of the
property so injured or damaged. 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 publication 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 assessment. They shall view the premises, and,
in their discretion, receive any legal evidence and may ad-
journ from day to day. When the appraisement shall be com-
IK journ m
l88 APPENDIX.
pleted, the appraisers shall sign and return the same to the
City Council or Town Trustees within thirty days of their ap-
pointment. The City Council, or Town Trustees shall have
power, in their discretion, to conform or annul the appraise-
ment, 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 confirmation
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 be-
fore the expiration of twenty days after the entering the or-
der of confirmation. Upon the trial of the appeal, all ques-
tions 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 Board of Trustees confirming or annulling the
appraisement, shall in all cases be paid by such City or Town.
Sec. 6. 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 legiti-
mate municipal use, and to enclose, ornament and improve
the same. They shall have entire control 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 ex-
tinguish 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 of and conveyed, enough thereof
shall be reserved for streets to accommodate adjoining prop-
erty owners.
Sec, 7. 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. 8. 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 in-
jury, and the water from pollution, their jurisdiction shall ex-
tend over the territory occupied by such works, and all reser-
voirs, streams, trenches, pipes and drains, used in, and neces-
STATUTES CONCERNING CITIES. 189
sary 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 necessary to carry,
the power herein conferred into effect.
Sec. 9. 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 inviduals 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 build-
ing said works and said City or Town ; and such Cities or
Towns are authorized and empowered 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.
Sec. 10. Said Cities or Towns are hereby authorized to con-
demn and appropriate so much private property as shall be
necessary for 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 pur-
pose.
Sec. II. 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 tenement 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 property in said City or
Town, which tax, with the water rents hereby authorized,
shall be sufficient to pay the expenses of running and operat-
ing 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 individuals or companies for a supply
of water for any purpose, 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 individual or company constructing said works ;
provided, however, that said tax shall not exceed the sum of
190 APPENDIX.
five 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 protec-
tion of such works, which limit shall be fixed by the City
Council or Board of Trustees each year before making such
levy.
Sec. 12. When it shall be deemed necessary by any such
corporation to enter upon or take private property for any of
the above uses, an application in writing shall be made to the
Circuit Court, which application shall describe as nearly 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 re-
quired to commence a civil action in said Court. After such
notice shall have been given the Court shall proceed to deter-
mine the compensation to be paid for the taking of such prop-
erty, and for that purpose shall empanel a jury, and the mode
of proceedure therein shall be the same, so. far as applicable,
as in 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 in-
structions 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 convenient
time, which shall make the whole inquiry and assessment, or
the part not made as the case may be.
Sec. 13. When the amount of compensation due to any of
the owners of property to be taken shall be ascertained, the
Court shall make such order as to its payment or deposit as
may be deemed just and proper, and may require adverse
claimants to any part of money or property to interplead, so
as to fully settle their rights and interests, and may di-
rect the time and manner in which possession of the property
shall be taken or delivered, and may, if necessary, enforce an
order giving possession. But none of the property shall be
actually taken or occupied until the compensation thus ascer-
tained shall have been paid or secured to be paid. The costs
occasioned by the inquiry and assessment shall be paid by the
corporation, and 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
STATUTES CONCERNING CITIES. I9I
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 mo-
ney allowed as compensation for the whole of the property, or
the part in dispute; and in all cases as soon as the corporation
shall have paid the compensation assessed; or secured its pay-
ment by a deposit of money under the order of the Court,
possession of the property may be taken and the public work
or improvement progress.
Sec 14. Each municipal corporation may, by a general or-
dinance, prescribe the mode in which the charge on the re-
spective owners of lots or lands, and on the lots or lands,
shall be assessed and determined for the purposes authorized
by this chapter; such charge when assessed, shall be payable
by the owner or owners at the time of the assessment person-
ally, and shall also be a lien upon the respective lots or par-
cels of land from the time of the assessment. Such charge
may be collected and such lien enforced by a proceeding in
law or 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 re-
quired, it shall be sufficient to declare generally 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 em-
braced in any one assessment, but the judgment or decree
shall be rendered separately for the amount properly charge-
able to each. Any proceedings may be severed in the dis-
cretion of the Court for the purpose of trial, review or appeal.
Sec. 15. 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 hfghway improved, repaired
or lighted may pass, a recovery shall be 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 informality, irregularity or
defect in any such municipal corporation 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 mu-
nicipal corporation may be 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.
192
APPENDIX.
to defray the expenses of collection, which shall be included
in any judgment or decree which may be rendered. The pro-
visions and powers conferred in this chapter from section
four hundred and sixty-five to section four hundred and sev-
enty-nine, inclusive, shall apply to Cities acting under special
charters.
PART OF CHAPTER 10, OF TITLE
DIRECTING THE MANNER OF
CIAL CHARTERS.
4, OF THE CODE,
AMENDING SPE-
1. On petition of one-tburtii of the electors
of a City governed by a special charter, ask-
ing an amendment to such charter such
amendment must be submitted at next char-
ter election. Maj'^or to issue proclamation.
Form of the ballots. Code 548.
2. Amendment carried if majority vote in
favor of it. Code 549.
3. Amendment may be submitted at spe-
cial election on petition of one-half of the
electors. Code 550.
4. Prior laws repealed so far as Cities un-
der general incorporation laws are con-
cerned, but Cities acting under special
charter not affected thereby. Code 551.
Section i. On the presentation of a petition signed by one-
fourth of the electors, as shown by the vote at the next pre-
ceding charter election of any City or Town acting under a
special charter or act of incorporation, to the governing body
thereof, asking that the question of amendment of such spe-
special charter or act of incorporation be submitted to the
electors of such City or Town, such governing body shall im-
mediately 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 proc-
lamation setting forth the nature and character of such amend-
ment, and shall cause the same to be published in a newspa-
per 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. 2. If a majority of the votes cast is in favor of said
amendment, the Mayor or chief officer shall issue his procla-
mation accordingly ; and the said amendment shall thereafter
constitute a part of said charter.
Sec. 3. The legislative body of said City or Town, may sub-
mit any amendment to the vote of the people as aforesaid at
any special election ; provided^ one-half of the electors as
I
STATUTES CONCERNING CITIES. 193
aforesaid petition for that purpose and the proceedings shall
be the same as at the general election.
Sec 4. All acts and parts of acts passed subsequent 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 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 affect the latter, and not as they affect corpora-
tions under special charters. All rights, powers, privileges,
duties, directions and provisions whatever 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 be adopted as hereinbefore provided.
PART OF CHAPTER 10, OF TITLE 4, OF THE CODE
ENABLING CITIES UNDER SPECIAL CHARTERS
TO ABANDON THE SAME AND ORGANIZE UN-
DER THE GENERAL INCORPORATION LAW.
I
I
on the ballots. How election shall be con
ducted. Result. Code 437.
5. If result be in j favor of abandonment,
Council to call a special election for election
of officers. If result be opposed to abandon-
ment one year must elapse beloie it can be
resubmitted. Code 438.
6. Vested rights not affected. Code 439.
1. Cities may abandon special charters
and organize under provisions of chapter 10
on general incorporation of Cities and
Towns. Code 434.
2. On petition of fifty legal voters, elec-
tion to be so ordered. Code 435.
3. Proclamation of Mayor giving notice. of
time and places of election. Code 436.
4. Manner of voting. What words to be
Section i. Any city or town incorporated by special char-
ter or in any other manner than that provided by this chapter,
may abandon its charter and organize itself under the provis-
ions of this chapter with the same territorial limits, by pursu-
ing the course hereinafter prescribed.
Sec. 2. 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 le-
gal 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.
194 APPENDIX.
Sec. 3. The Mayor, or in case there is no Mayor, the Pres-
ident 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 hold-
ing 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 published therein, then
such proclamation shall be published by posting a copy there-
of in five public places within the corporate limits of such
city or town, one of which shall be on the door of the May-
or's office.
Sec. 4. 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 un-
der the charter. The abstract of votes shall be returned to
the City Council or Board of Trustees, who shall canvass the
same and declare the result, which shall be entered on the
journal.
Sec. 5. If a majority of the votes cast at such election be in
favor of the abandonment of the charter, the Council or Trus-
tees shall immediately call a special election for the election
of officers for such corporation according to its class as de-
fined 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 liabilities of the class to which
it belongs, but the ofificers 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 again be submitted until the expiration
of one year from the time of such election.
Sec. 6. All rights and property of every description which
were vested in any municipal corporation under its former or-
ganization, shall be deemed and held to be vested in the same
municipal corporation under the organization hefrein contem-
plated ; and no right or liability, either in favor of or against
such corporation existing at the time, and no suit or prosecu-
tion of any kind, shall be affected by such a change ; provided
that when a different remedy is given by this chapter which
can properly be made applicable to any right existing at the
time such change is made, the same shall be deemed cumula-
tive to the remedies before provided and may be used accord-
ingly.
STATUTES CONCERNING CITIES.
195
CHAPTER II. OF TITLE 4, OF THE CODE, OF GEN-
ERAL REGULATIONS AFFECTING COUNTIES,
TOWNS, AND CITIES.
1. Public money not to be given to any in-
stitution or object under ecclesiastical or
eectarian control. Code 552.
2. Cannot take stock in banks or rail-
ways. Code 553.
3. Bonds voidt*. Code 554.
4. Recovery on coupons, no bar in any
other action. Code 555.
5. Officers cannot purchase warrants at dis-
count. Code 556.
6. Duty of Treasurer. Code 557.
7. Penalty for violation. Code 558.
Section i. Public money shall not be appropriated, given,
or loaned by the corporate authorities. Supervisors or Trus-
tees of any county, township, city or town or municipal
organization of this State to or in favor of any institution,
school, association or object which is under ecclesiastical or
sectarian management or control.
Sec. 2. No county, city or incorporated town in this
State, shall, in their corporate capacity, or by their officers,
directly or indirectly subscribe for stock or become interested
as a partner, shareholder or otherwise in any banking institu-
tion, whether the same be a bank of deposit, issue or ex-
change, nor in any plank road, turnpike or railway or in any
other work of internal improvement ; nor shall they be al-
lowed to issue any bonds, bills of credit, scrip, or other evi-
dences of indebtedness for any such purposes — all such evi-
dences of indebtedness for such purposes being hereby de-
clared absolutely void ; provided nevertheless, that this section
shall not be so construed as to prevent, or in any wise to em-
barrass the counties, cities or towns or any of them in the
erection of their necessary public buildings, bridges, laying
off highways, streets, alleys and public grounds or other local
works in which said counties, cities or towns may respec-
tively be interested.
Sec. 3. All bonds or other evidences of debt, hereafter is-
sued by any corporation to any railway company as capital
stock shall be null and void and no assignment of the same
shall give them any validity.
Sec. 4. In all actions now pending or hereafter brought in
any court in this State on any bond or coupon issued, or pur-
porting to be issued by any county, city or incorporated
town for railway purposes, a former recovery against such cor-
poration on any one or more, or any part of such bonds or
coupons, shall not bar or estop any defense such corporation
has made or can make to such bonds or coupons in the action
in which such former recovery was had ; but the corporation
sought to be charged in any such action now pending or here-
after brought, may allege and prove any matter of defense in
196 APPENDIX.
such action to the same extent, and with the same effect as
though no former action had been brought or former recovery
had.
Sec. 5. No officer of any county or other municipal corpo-
ration, or any deputy or employe of such officer, shall either
directly or indirectly, be permitted to take, purchase or re-
ceive in payment, exchange or in any way whatever, any war-
rant, scrip or other evidence of the indebtedness of such cor-
poration, or any demand against the same, for a less amount
than that expressed on the face of the warrant, scrip or other
evidence of indebtedness or demand.
Sec. 6. The treasurer of every county, or other municipal
corporation when he shall receive any warrant, scrip, or other
evidence of indebtedness of such corporation, shall endorse
thereon the date of its receipt, from whom received and what
amount.
Sec. 7. Any officer of any county or other municipal cor-
poration or any deputy or employe of such officer, who vio-
lates any of the provisions of this chapter, shall be deemed
guilty of a misdemeanor, and on conviction thereof shall be
fined not less than one hundred dollars nor more than five
hundred dollars for each offense.
5. Officer to prevent escape. Code 4740.
6. Prisoners to be credited for labor on
fines. Code 4741.
7. Cruel treatment punished. Code
4742.
8. Duty of officer in charge. Code 4743.
PART OF CHAPTER i OF TITLE 26, OF THE CODE, IN
RELATION TO WORKING PRISONERS IN THE
COUNTY JAIL.
1. Prisoners in jail between 15 and 50, un-
der sentence, may be required to labor.
Code 4736.
2. Whereto labor. Code 4737.
3. Sheriff may superintend work. Code
4738.
4. Marshal to superintend work, when.
Code 4739.
Section i. Any able-bodied male person over the age of
sixteen years and not over the age of fifty years, now or hereaf-
ter 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, ordinance, by-lav/ 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 other-
wise, shall have the power to determine and shall determine
whether such imprisonment shall be at hard labor or not.
STATUTES CONCERNING CITIES. IQ/
Sec. 2. Such labor may be on the streets or pubh'c high-
ways, on or about pubHc 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 violation of any of the
statutes of the State the sheriff of the county where the im-
prisonment is shall superintend the performance of the labor
herein contemplated, and shall furnish the tools and materials
if necessary, to work with, at the expense of the county in
which said convict is confined, and such county shall be enti-
tled to his earnings.
Sec. 4.. When the imprisonment is pursuant to the judg-
ment of any court, police court, police magistrate, mayor or
other tribunal of any incorporated city or town, for the vio-
lation of any ordinance, by-law or other regulation, the mar-
shal shall superintend the performance of the labor herein
contemplated, 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 officer having charge of any convicts for the
purpose specified in this chapter may use such means as, and
no more than are necessary to prevent escape, and if any con-
vict 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 such person to labor, use
the means authorized by section four thousand seven hun-
dred and thirty-four of this chapter; provided, such punish-
ment shall be inflicted within the jail or jail enclosure for re-
fusal to work and 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 hereof, there shall be credited on any
judgment for fine and costs against him, the sum of one dol-
lar and fifty cents and no person shall be entitled to the ben-
efits of the law providing for the liberation of poor convicts if
in the opinion of the sheriff, the judgment maybe satisfied by
the labor of the person as herein authorized.
Sec. 7. If any officer or other person treat any prisoner in
a cruel or inhuman manner, he shall be punished by fine not
exceeding one thousand dollars, or by imprisonment in the
county jail not exceeding twelve months, or by both such fine
and imprisonment.
198 APPENDIX.
Sec. 8. The officer having such prisoner in charge shall
protect him from insult and annoyance and communication
with others while at labor, and going to and returning from
the same, and he may use such means as are necessary and
proper therefor ; and any person persisting in insulting, an-
noying or communicating with any prisoner, after being com-
manded by such officer to desist, shall be punished by a fine
not exceeding ten dollars, or by imprisonment not exceeding
three days.
PART OF CHAPTER i, OF TITLE 14, OF THE CODE,
PROVIDING FOR THE APPOINTMENT AND PRE-
SCRIBING THE DUTIES OF A SEALER OF
WEIGHTS AND MEASURES AND WEIGHMAS-
TERS OF PUBLIC SCALES, IN ALL INCORPORA-
TED CITIES AND TOWNS.
1. Sealer of Weights and Measures may be
appointed by the Council. Code 2059.
2. Duty of same. Code 2060.
3. City to bear expenses incurred in fur-
nishing standards, &c. Code 2)61.
4. Providing for delivery of standards &c.
To be delivered to his successor in case of
his death. Code 2062.
5. Penalty for refusing to deliver same to
such successor. Code 2063.
6. Penalty for refusing weights and meas-
ures that do not conform to standard. Code
2064.
7. Oath; definition of public scales. Code
2065.
8. All Weighmasters are required to make
correct weii^rhts, keep register and give cer-
tificate. Code 2066.
9. Standard for weighing stock and grain
how procured. Code 2067.
10. Penalty for violation of any of the
provisions of these sections. Code 2068.
Section i. A sealer of weights and measures may be ap-
pointed in every city and incorporated town by the town
council thereof, and shall hold his office during their pleasure,
and said council may obtain from the sealers of weights and
measures of their respective counties such standards of
weights and measures as they may deem necessary for their
respective cities or incorporated towns; and in case the Board
of Supervisors of any county in which any city or town may
be situated shall not have obtained such standards, then said
council may obtain the same from the State Superintendent
of weights and measures.
Sec. 2. Each sealer in cities and incorporated towns shall
take charge and provide for the safe keeping of the town or
city standards and see that the weights, measures and all ap-
paratus used for determining the quantity of commodities
used throughout the town or city, which shall be brought to
him for that purpose, agree with those standards in his pos-
session.
STATUTES CONCERNING CITIES. I99
Sec. 3. All expenses directly incurred in furnishing the
several counties, cities and incorporated towns with stand-
ards, or in comparing those that may be in their possession,
shall be borne by the respective counties, cities and incopor-,
ated towns for which such expenses shall have been incurred.
Sec. 4. In case of the death of any such sealer of weights
and measures, his representative shall in like manner deliver
to his successor in office such beams, weights and measures.
Sec. 5- Iri case of refusal or neglect to deliver such stand-
ards entire and complete, the successor in office may main-
tain an action against the person or persons so refusing or
neglecting, and recover for the use of the such county, city
or incorporated town, double the value of such standards as
shall not have been delivered. And in every such action in
which judgment shall be rendered for the plaintiff, he shall re-
cover double costs.
Sec. 6. If any person or persons shall hereafter use any
weights, measures, beams or other apparatus, for determining,
quantity of commodities, which shall not be conformable to
the standards of this State, in any counties whose standards
have been obtained by the Board of Supervisors, or in any
city or incorporated town after such standards have been ob-
tained therein, whereby any person shall be injured or defraud-
ed, he shall be subject to a fine not exceeding five dollars for
each offense to be sued for and collected by the city, county
or town sealer. He shall also be subject to an action at law,
in which the defrauded person shall recover treble damages
and costs, and every person keeping any store, grocery or
other place for the sale or purchase of such commodities as
are usually sold by weight or measure shall, once in each year,
procure the weights and measures used by him to be com-
pared with the standard herein provided; and he shall be sub-
ject to a fine of five dollars for every neglect to comply with
this provision, to be recovered by any one who shall prose-
cute therefor.
WEIGHMASTERS OF PUBLIC SCALES.
Sec. 7. All persons keeping public scales, before entering
upon their duties as weighmasters shall be sworn before some
person having authority to administer an oath, to keep their
scales correctly balanced ; to make true weights ; and to ren-
der a correct account to the person or persons having weigh-
ing done. Every scale shall be deemed a public one for the
use of which a charge is made.
Sec. 8. All weighmasters are required to make true weights
and to keep a correct register of all weighing done by them,
200 APPENDIX.
giving the amount of each weight, date of weighing, and the
name of the person or persons for whom such weighing was
done, and to give upon demand, to any person or persons
having weighing done, a certificate showing the weight, date
of weighing and for whom weighed.
Sec. 9. Weighmasters or keepers of public scales kept for
the purpose of weighing stock or grain, shall provide and
keep a standard of weight not less than fifty pounds avoirdu-
pois for the purpose of testing such scales, and they shall at
least once a month or oftener if requested, make a satisfactory
test of the correctness of such scales.
Sec. 10. Any weighmaster or keeper of public scales, vio-
lating any of the provisions of the two preceding sections,
upon complaint made before any justice of the peace having
jurisdiction of the offense, may, upon conviction thereof, be
fined in any sum not more than twenty dollars and not less
than five dollars, for each offense, and shall be liable to the
person or persons injured, for the full amount of damages by
them sustained.
CHAPTER 7, OF TITLE 11, OF CODE, IN RELATION
TO FIRE COMPANIES.
1, 2, 3. Exemption of all active members
of fire companies, from military duty and
working on highways. Conditions of such
exemption. Code 1560, 1561, and 1562.
4. Penalty for misrepresentation. Code,
1563.
5. 6. Destruction or removal of fire appara-
tus punished. Code 1564, 1565.
7. False alarm of fire punished. Code 1566.
Section I. Any person who is an active member of any fire,
engine, hook and ladder, hose or any other company for the
extinguishment of fire or the protection of property at fires,
under the control of the corporate authorities of any city or
incorporated town, shall, during the time he shall continue
an active member of such company, be exempted from the
performance of any military duty and from the performance
of labor on the highways on account of poll tax and from
serving as a juror; and any person who shall have been an
active member of such company in any city or town as afore-
said and shall have faithfully discharged his duties as such for
the term of ten years, shall be forever thereafter exempted
from the performance of military dut}^ in the time of peace,
from ^serving as a juror, and from the performance of labor on
the highways.
Sec. 2. Any person who has served in any company for a
term often years, as provided in the preceding section, shall
be entitled to receive from the foreman of the company of
STATUTES CONCERNING CITIES. 20I
which he shall have been a member, a certificate to that effect,
and on the presentation of such certificate to the clerk or re-
corder of the proper city or town, such clerk or recorder shall
file the same in his office, and give his certificate, under the^
corporate seal, to the person entitled thereto, setting forth the
name of the company of which such person shall have been a
member, and the duration of such membership; and such cer-
tificate shall be received in all courts and places as evidence
that the person legally holding the same is entitled to the ex-
emption hereinbefore mentioned.
Sec. 3. To entitle any person to exemption from labor on
the highway before the expiration of the aforesaid term often
years, he shall, on or before the first day of April of each year,
file with the clerk or recorder of the proper city or town, a
certificate signed by the foreman of the company of which
said person is a member, that the person holding said certifi-
cate is an active member of said fire company, and thereupon
the clerk or recorder shall enter said exemption upon the
street tax list for that year.
Sec. 4. Any person who shall either by misrepresentation
or by the use of a false certificate, or the certificate of any
other person, endeavor to avail himself of the benefits of this
chapter, upon conviction thereof before any mayor, recorder
or magistrate of any incorporated city or town, or before any
district court, shall be sentenced to imprisonment in the coun-
ty jail for a period of not more than six months, or less than
one month, and to pay a fine of not less than ten dollars, or
more than one hundred dollars.
Sec. 5. Any person or persons who shall wilfully destroy or
injure any engines, hose carriage, hose, hook and ladder car-
riage, or anything whatever, used for the extinguishment of
fires, belonging to any fire company, on conviction thereof
shall be sentenced to imprisonment in the penitentiary for a
period of not less than one year, nor more than three years.
Sec. 6. It shall not be lawful for any person to remove any
engine or other apparatus for the extinguishment of fire, from
the house or other place where the same shall be kept or de-
posited, except in time of fire or alarm of fire, unless properly
authorized so to do by the president and director, or foreman,
of the company to whom the same shall belong, or their duly
authorized agent ; and any person offending against the pro-
visions of this section shall forfeit and pay a sum not less than
five dollars, nor more than twenty dollars, to be sued
Lfor and recovered in the name of the state, for the use of the
school fund, before any mayor, recorder, or magistrate of the
city or town wherein the offense has been committed.
I
I
26
202
APPENDIX.
Sec. 7. It shall not be lawful for any person or persons to
cause false alarm of fire, either by setting fire to any combust-
ible material, or by giving an alarm of fire without cause, and
any person offending against the provisions of this section
shall be fined a sum of not less than five dollars or more than
twenty dollars, to be sued for and recovered as specified in
the foregoing sections.
PART OF CHAPTER 2, OF TITLE 18, OF THE CODE.
PUBLIC PROPERTY NOT LIABLE TO EXECUTION
AND PRESCRIBING HOW CORPORATE DEBTS
MAY BE PAID.
1. Public buildings of municipal corpora-
tions exempt from execution.
2. If no property of such corporation
against which execution has issued can be
found, tax to be levied to pay same.
Seqtion I. Public buildings owned by the state, or any
county, city, school district, or other municipal corporation
or any other public property which is necessary and proper
for carrying out the general purpose for which such corpora-
tion is organized, are exempt from execution. The property
of a private citizen can in no case be levied on to pay the debt
of any such.
Sec. 2. If no property of a municipal corporation against
which execution has issued can be found, or if the judgment
creditor elect not to issue execution against such corporation,
a tax must be levied as early as practicable to pay off the
judgment. When a tax has been so levied, and^any part
thereof shall be collected, the treasurer of such corporation
shall pay the same to the judgment creditor, or to the clerk of
the court in which the judgment was rendered, in satisfaction
thereof.
CHAPTER 23, LAWS OF 1874, RELATING TO LIENS
UPON PROPERTY OF POLITICAL CORPORA-
TIONS.*
1. Where municipal corporations have is-
sued bonds in excess of lawful amounts
for improvements. Holders to have lien.
?. Enforcement of lien— all bondholders
to be made parties. No money judgment.
Section i. That where a corporation has issued bonds in
payment of an indebtedness exceeding five per cent on the value
*In the case of Mosher vs. Ind. School Dist., 44th Iowa, page 122, the Supreme court pro-
nounced this statute unconstitutional.
STATUTES CONCERNING CITIES.
203
of the taxable property of such corporation for labor upon,
and materials furnished in the erection and furnishing- a build-
ing and making improvements for such corporation, the hold-
ers of said bonds, or any of them, including the assignees-
thereof, shall have a lien upon such building and furniture and
fixtures therein, and upon the land of such corporation on
which such building and improvements are situated, to the
amount of such indebtedness.
Sec. 2. Any person having a lien by virtue of this act may
enforce the same by equitable proceedings in any district or
circuit court of the county wh ere the property is situated, at
any time before the maturity of said bonds, as though the ac-
tion was for labor done and materials furnished and used in
and about the erection of said building. All persons owning
such bonds shall be made parties, plaintiffs or defendants, and
if the names of such owners are unknown they shall be made
parties defendant as provided by section twenty-six hundred
and twenty-two of the code. The plaintiff shall set forth,
and the court shall ascertain and determine the entire amount
of the indebtedness on such bonds, and order that the prop-
erty be sold to pay such indebtedness, and the proceeds of the
sale shall be paid to the court to be by it distributed pro rata
among the holders of such indebtedness; but no money judg-
ment shall be rendered against such corporation and the clerk
shall not pay the proceeds of such sale to the holders of such
indebtedness until they deliver him their bonds which shall
be by him canceled.
CHAPTER 12, OF TITLE 4, OF THE CODE, IN RELA-
TION TO TOWN PLATS.
1. Accurate plats to be made of the
same; how numbered; duty to file plat in
office of recorder, &c. Code 559.
2. Plat to contain statement of owners
and must be acknowledged and recorded.
Code 556.
3. Acknowledgment &c., equivalent to
deed. Code 561.
4. How streets may be altered. Code 562.
5. How plat may be vacated. Code 563,
6. Not vacated when it aflfects the rights
of others. Code 564.
7. Streets may be enclosed. Code 565.
8. Recorders duty when ^vacated. Code
566.
9. Plats vacated may be replatted and
conveyed accordingly. Code 567.
10. By whom plat may be made and re-
corded. Duty of auditor in such cases,
costs, &c. Code 568.
11. When land is not properly described,
auditor may cause plat to be made. Code
569.
12. Conveyance deemed warranty. Duty
of auditors and supervisors. Code 570.
13. Plats heretofore made legalized. Code
571.
14. Penalty where plats have not been
made. Code 572.
Section i. Every orisjinal owner or proprietor of any tract
or parcel of land, who has heretofore subdivided, or shall here-
204 APPENDIX.
after subdivide the same into three or more parts for the pur-
pose of laying out any town or city, or any addition thereto
or any part thereof, or suburban lots, shall cause a plat of such
sub-division, with references to known or permanent monu-
ments, to be made, which shall accurately describe all the sub-
divisions of such tract or parcel of land, numbering the same
by progressive numbers and giving the dimensions and length
and breadth thereof, and the breadth and courses of all the
streets and alleys established therein. Descriptions of lots or
parcels of land in such sub-divisions, according to the number
and designation thereof on said plat contained, in conveyan-
ces or for the purpose of taxation, shall be deemed good and
valid for all intents and purposes. The duty to file for rec-
ord a plat as provided herein, shall attach as a covenant of
warranty in all conveyances of any part or parcel of such sub-
division by the original owner or proprietors against any and
all assessments, costs, and damages paid, lost, or incurred by
any grantee, or person claiming under him, in consequence
of the omission on the part of said owner or proprietors to file
such plat.
Sec. 2. Every such plat shall contain a statement, to the
effect that the above or foregoing subdivision of (here insert a
correct description of the land or parcel subdivided), as ap-
pears on this plat, is with the free consent and in accordance
with the desire of the undersigned owners and proprietors,
which shall be signed by the owners and proprietors, and shall
be duly acknowledged before an officer authorized to take the
acknowledgment of deeds; and when thus executed, shall be
filed for record and recorded in the office of the recorder of
the proper county.
Sec. 3. The acknowledgment and recording of such plat is
equivalent to a deed in fee simple of such portions of the prem-
ises platted as is on such plat set apart for streets, or other
public use; or as is thereon dedicated to charitable, religious,
or educational purposes.
Sec. 4. Streets and alleys so platted and laid out, or which
have been platted or laid out under any prior law of the state
regulating private plats, may be altered or vacated in the man-
ner provided by law, for the alteration or discontinuance of
highways.
Sec. 5. Any such plat may be vacated by the proprietors
thereof, at any time before the sale of lots therein, by a writ-
ten instrument declaring the same to be vacated, duly exe-
cuted, acknowledged or proved and recorded in the same office
with the plat to be vacated, and the execution and recording
of such writing shall operate to destroy the force and effect of
STATUTES CONCERNING CITIES. 205
the recording of the plat so vacated, and to divest all public
rights in the streets, alleys, commons and public grounds laid
out or described in such plat. And in cases where any lots
have been sold the plat may be vacated, as herein provided,-
by all the owners of lots in such plat joining in the execution
of the writing aforesaid."^
Sec. 6. Any part of a plat may be vacated under the pro-
visions and subject to the conditions of this chapter, provided
such vacating does not abridge or destroy any of the rights
and privileges of other proprietors in said plat, and provided
further, that nothing contained in this section shall authorize
the closing or obstructing of any public highways laid out ac-
cording to law.
Sec. 7. When any part of a plat shall be vacated as afore-
said, the proprietors of the lots so vacated may enclose the
streets, alleys and public grounds adjoining said lots in equal
proportions.
Sec. 8. The county recorder, in whose office the plats afore-
said are recorded, shall write in plain, legible letters across
that part of said plat so vacated, the word " vacated, " and also
make a reference on the same to the volume and page in
which the said instrument of vacation is recorded.
Sec. 9. The owner of any lots in a plat so vacated, may
cause the same and a proportionate part of adjacent streets
and public grounds, to be platted and numbered by the county
surveyor; and when such plat is acknowledged by such owner
and is recorded in the record of office of the county, such lots
may be conveyed and assessed by the numbers given them
on such plats.
Sec. 10. Whenever the original owner or proprietor of any
subdivision of land, as contemplated in section five hundred
and fifty-nine of this chapter, have sold or conveyed any part
thereof, or invested the public with any rights therein, and
have failed and neglected to execute and file for record a plat
as provided in section five hundred and fifty-nine of this chap-
ter, the county auditor shall notify some, or all, of such own-
ers and preprietors by mail or otherwise, and demand the ex-
ecution of said plat as provided; and if such owners or pro-
prietors, whether so notified or not, fail or neglect to execute
and file for record said plat for thirty days after the issuance
of such notice, the auditor shall cause to be made the plat of
such subdivision and any surveying necessary therefor. Said
plat shall be signed and acknowledged by the auditor, who
shall certify that he executed by reason of the failure of the
♦See chapter 61, acts of 1874.
206 APPENDIX.
owner to do so, and filed for record ;. and when so filed for
record, shall have the same effect for all purposes as if execut-
ed, acknoweidged, and recorded by the owners or proprietors
themselves. A correct statement of the costs and expenses of
such plat, surveying, and recording, verified by oath, shall be
by the auditor, laid before the first session of the board of su-
pervisors, who shall allow the same and order the same to be
paid out of the county treasury, and who shall, at the same
time, assess the said amount, pro rata, upon all the several
subdivisions of said tract, lot, or parcel so subdivided ; and
said assessment shall be collected with and in like manner as
the general taxes ; and shall go to the general county fund; or
said board may direct suit to be brought in the name of the
county before any court having jurisdiction, to recover of the
said original owners or proprietors, or either of them, the
said cost and expense of procuring and recording said plat.
Sec. II. Whenever any congressional subdivision of land
of forty acres or less, or any lot or subdivision is owned by two
or more persons in severalty, and the description of one or
more of the different parts or parcels thereof cannot in the
judgment of the county auditor, be made suf^ciently certain
and accurate, for the purposes of assessment and taxation
without noting the metes and bounds of the same, the auditor
shall require and cause to be made and recorded, a plat of such
tract or lot of land with its several subdivisions in accordance
with the provisions of this chapter; and he shall proceed in
such cases according to the provisions of section five hundred
and sixty-eight, and all the provisions of said section in rela-
tion to plats of towns, cities and so forth, shall govern as to
the tracts and parcels of land in this section referred to.
Sec. 12. Every conveyance of land in this state, shall be
deemed to be a warranty that the description therein con-
tained is sufficiently definite and accurate to enable the audi-
tor to enter the same on the plat book required by law to be
kept ; and when there is presented to be entered on the trans-
fer book, any conveyance in which the description is not, in
the opinion of the auditor, sufficiently definite and accurate,
he shall note said fact on said deed with that of the entry for
transfer, and shall notify the person presenting the same that
the land therein insufficiently described must be platted within
thirty days thereafter. Any person aggrieved by the opinion
of the auditor, may, within said thirty days, appeal therefrom
to the board of supervisors, by claiming said appeal in writing
and thereupon no further proceeding shall be taken by the
auditor, and at their next session the board of supervisors
shall determine said question and direct whether or not said
plat shall be executed and filed and within what time ; and if
I
STATUTES CONCERNING CITIES. 20/
the grantor in such conveyance shall neglect for thirty days
thereafter to file for record a plat of said land and of the ap-
propriate congressional subdivisions in which the same is
found, duly executed and acknowledged as required by the_
auditor, or in case of appeal as directed by the board of supervis-
ors then the auditorshall proceed asprovidedin section fivehun-
dred and sixty-eight of this chapter, and cause such plat to be
made and recorded, and thereupon the same proceedings shall
be had and rights shall accrue, and remedies had, as are in
said section provided. Such plat shall describe said tract of
land, and any other subdivisions of the smallest congressional
subdivision of which the same is a part, numbering them by
progressive numbers, setting forth the courses and distances,
and number of acres, and such other memoranda as are usual
and proper; and descriptions, of such lots or subdivisions ac-
cording to the number and designation thereof on said plat
shall be deemed good and sufficient for all purposes of con-
veyancing and taxation.
Sec. 13. None of the provisions of this chapter shall be con-
strued to require replatting in any case where plats have been
made and recorded in pursuance of any law heretofore in force,
and all plats heretofore filed for record, and not subsequently
vacated, are hereby declared valid, notwithstanding irregular-
ities and omissions in the manner or form of acknowledgment
or judge's certificate; but the provisions of this section shall
not affect any action or proceeding now pending.
Sec. 14. Any person who shall dispose of or offer for sale,
lease any lots in any town, or addition to any town or city,
until the plat thereof has been duly acknowledged and record-
ed as provi(jed in this chapter, shall forfeit and pay fifty dol-
lars for each lot and part or sold disposed of, leased, or
offered for sale.
CHAPTER 61, OF ACTS OF 1874, IN RELATION TO
THE VACATION OF TOWN PLATS.
1. The manner in which town plats may be vacated— what is necessary to procure such
vacation.
Section i. That whenever the owners of any piece of land,
not less than forty acres in amount, which has been platted
into town lots, and the plat of which has been recorded, shall
desire to vacate said plat, or part oi plat, it may be done in
the 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 district in which the land
208 APPENDIX.
SO platted lies, and notice of such petition shall be given at
least four weeks before the meeting of the court, by posting
notices in three conspicuous places in the town where the va-
cation is prayed for, and one upon the court house door of
the county. At the term of court next following the filing
of the petition and notice, the court shall fix a time for hear-
ing the petition, and notice of the day so fixed 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 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 pur-
poses of assessments such portion of the town shall shall be
as it [if] it had never been platted in lots. Provided, hoivever,
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 highway ; and further provided,
that this act shall not affect cities of the first and second class.
CHAPTER 25, OF ACTS OF 1874, CONCERNING CITY
AND TOWN LOTS.
Lands to be laid out in any town or city lots shall be free from incumbrance and accurately
described.
Section i. Whenever any person or corporation shall lay
out any parcel of land into town or city lots in accordance
with chapter 12, title 4, of the code, such person shall procure
from the county treasurer a certified statement 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 incum-
brance; 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 addition
thereto, which may be thus laid out shall give the bearing and
distance from some corner of a lot or block in said town or
city or part thereof to some corner of the congressional divis-
ion of which said town or city or addition thereto is a part.
STATUTES CONCERNING CITIES. 209
CHAPTER 63, OF ACTS OF 1876, AMENDING LAWS IN
RELATION TO CITY AND TOWN LOTS, AND IN
RELATION TO THE ANNEXATION OF CONTIG-
UOUS TERRITORY.
Section i. That chapter 25, of the general laws of the fif-
teenth general assembly be amended by adding to the first
section thereof the words : Provided, that the provisions of
this act shall not affect the filing and recording of plats where
the original parcel of land shall have heretofore been subdi-
vided and sold or encumbered with a view to platting the
same prior to the passage of this act ; and provided, also, that
the provisions of this act shall not prevent the annexation of
contiguous territory to cities and towns under section 426,
427, 428 and 429 of chapter lO, title 4 of the code.
I
REGISTRY OF ELECTORS, PART OF CHAPTER 2, OF
TITLE 5, OF THE CODE, IN REGARD TO THE
REGISTRATION OF VOTERS.
1. Clerk of cities and iucorporated towns 1 2. When same is not applicable. Code
to prepare legisters — Board of Registry. 602.
Code 599.
Section i. In corporation elections, the clerk of the city
or town shall prepare from the poll-books of the last preced-
ing annual election of said corporation, an alphabetical regis-
ter of the electors as provided in section five hundred and
ninety-six of this chapter, showing the residence of each per-
son by number of dwelling, if there be a number, and the
name of the street or other location of the dwelling-place of
each person. And he shall post up one copy thereof in each
ward at the place where the last preceding election was
held, one month preceding each election, and furnish the
original to the board of registry at their next meeting. The
board of registry for said cities and towns shall consist of the
mayor, assessor, clerk, and marshal, who shall meet for the pur-
pose of correcting the registry one week before each election,
at the usual place of meeting of the city council or trustees,
and, after having corrected the registry of voters in each ward,
as contemplated in the general provisions of this chapter, said
board shall cause a certified copy of said registry for each
ward to be delivered to the election board of such ward at or
before the time of opening the polls. After the canvassing of
the votes, the registries shall be attached to the poll books
27
210 APPENDIX.
and filed in the office of the clerk of the city or town for the
use of the succeeding board of registry. The general provis-
ions of this chapter shall extend to incorporated towns and
cities as far as the same may be applicable. But no residence
in such cities or towns shall be deemed sufficiently stated, un-
less the street or other location and number, if any, are speci-
fied in the list.
Sec. 2. This chapter shall not apply to townships, incorpo-
rated towns, or cities, having a population of less than six
thousand inhabitants, as shown by the last preceding census.
DETACHED PROVISIONS OF THE CODE APPLICA-
BLE TO CITIES AND TOWNS.
PROCEEDINGS BEFORE POLICE COURTS.
Section 4707. The proceedings in police and city courts
in incorporated cities and towns, in criminal cases within
their jurisdiction shall be regulated by the provisions of this
code, when not otherwise regulated by law.
WATER POWER IMPROVEMENTS.
Sec. 1237. Such corporations may use, raise, or lower any
highway, for the purpose of having their said canals, water-
ways, mains and pipes, pass over, along or under the same ;
and in such case shall put such highway, as soon as may be,
in good repair and condition, for the safe and convenient use
of the public. And such corporation may construct and carry
their canals, conduits, water-ways, mains, or water pipes,
across, over or under any railway, canal, stream or water-
course, when it shall be necessary lor the operation or con-
struction of the same, but shall do so in such manner as
not to impede the travel, transportation or navigation upon,
or other proper use of, such railway, canal, or stream. But
the powers conferred in this section, can only be exercised in
cities and towns with the consent and under the control of
the city council or trustees of said municipal corporations.
CONSTRUCTION OF RAILWAY CROSSINGS.
Sec. 1290. Whenever it becomes necessary in the construc-
tion of any railway to cross any other railway near the shore
of the Mississippi river, each shall be so constructed and main-
tained at the point of crossing so that the respective road-
beds thereof shall be above high water in such river. But
where such crossings occur within the limits of cities contain-
ing six thousand inhabitants as shown by the last preceding
STATUTES CONCERNING CITIES.
211
census, the city council of such cities may establish the grade
of such crossings.
CROSSING HIGHWAYS BY RAILWAYS.
Sec. 1262. Any such corporation may raise or lower any
turnpike, plank road, or other highway, for the purpose of
having its railway pass over or under the same ; and in such
cases said corporation shall put such highway, as soon as may
be, in as good repair and condition as before such alteration
at said place of crossing.*
Sec. 1263. If the supervisor, trustees, city council or other
person having jurisdiction over such highway require further
or different repairs or alterations made thereon, or if the same
in their opinion is unsafe, they shall give notice thereof in
writing to any agent or ofificerof the corporation, and if the par-
ties are unable to agree respecting the same, either may apply
by petition, setting out the facts, to the circuit court or judge
thereof, and such court or judge shall cause reasonable notice
to be given the adverse party of the application ; the petition
shall be filed in the clerk's office and may be answered as in
other cases. The court shall determine the matter in a sum-
mary way and make the necessary orders in relation thereto,
giving such corporation a reasonable time to comply there-
with, and upon failure to do so, said court may enjoin the cor-
poration from using so much of its road as interferes with any
such highways, and the court may award costs in favor of the
prevailing party.
CHAPTER 116, OF ACTS OF i8;6, RELATING TO THE
ASSESSMENT AND COLLECTION OF TAXES OF
CITIES UNDER SPECIAL CHARTERS.
12. Repealing section 1, chapter 51, of acts
of 1874.
13. Property may be condemned without
action to enforce the same.
14. Council may regulate sales.
15. Annual tax not to exceed 3 per cent.
Road district.
16. When taxes are to be collected by the
Marshal.
17. Numbering houses.
18. Council may require owners of prop-
erty to open water course when obstructed
by them.
19. Poll tax.
20. Police powers, etc,
21. General laws.
1. To provide by o'-dinance when taxes
shall become delinquent. Notice of sale.
2. Letters and figures may be used. Irreg-
ularities.
3. Special taxes. Interest. Collection.
4. Receipt by collector, &c.
5. Collector shall make certificate of pur-
chase foi any property sold,
6. Redemption and certificate.
7. Deed toholder of certificate of purchase,
8. Grade of street or alley.
9. Damages to be assessed by commis-
sioners.
10. Appraisement and appeal.
11. City council may remove commis-
sioners.
Section i. All cities in this state organized and existing
*The words, '• at such place of crossing "" added by chapter 47, acts of 1874.
212 APPENDIX.
under special charters, may provide by ordinance when taxes
both general and special shall become delinquent, and the rate
of interest which th«y shall thereafter bear, which rate shall
not exceed twenty-five per cent, per annum ; and for the sale
of delinquent, special and general taxes, on such terms and at
such a rebate of the principal or interest or both, as the city
council may determine ; and in the notice required by law to
be given it will be sufficient to state the description of the lot
or parcel of real estate to be sold for delinquent taxes of the
current year, and also the lot or parcel of real estate on which
the delinquent taxes for previous years remain due and un-
paid, and the amount of taxes delinquent for previous years
without naming such previous years, and the amount of in-
terest and costs, if any, against each lot or parcel of real es-
tate, in which may be included special taxes, delinquent, at
such rate of interest as the city council may determine, not to
exceed the rate allowed by law at the time the taxes were as-
sessed, and the total amount of taxes, interest and cost against
such lot or parcel of real estate.
Sec. 2. In all advertisements for the sale of real property
for taxes, and in entries required to be made in any manner
connected with the assessment or collection of taxes, letters
and figures may be used to denote numbers, fractions of num-
bers and amounts as are commonly used in other business
transactions, and no irregularity or informality in the adver-
tisement shall affect the legality of any sale, or the title of any
property conveyed if it shall appear that said property was
subject to taxation for the year or years for which the same
was sold, and the tax was due and unpaid at the time of sale ;
and in all cases the advertisement shall be sufficient notice to
the owners and persons having an interest in or claiming title
to any lot or parcel of real estate, of the sale of their property
for delinquent taxes, and a failure of the collector to make a
personal demand of taxes shall not affect the validity of any
sale or the title to any property acquired under such sale.
Sec. 3. The city council may provide by ordinance that
all special taxes hereafter assessed and levied shall bear the
same rate of interest as the annual taxes from and after the
same becomes due and delinquent, which rate shall not exceed
twenty-five per cent, per annum ; and all special taxes re-
maining due and delinquent at the date when the annual tax-
es become delinquent, shall be collected at the time and in
the manner the annual delinquent taxes are collected, and the
same shall be included with the annual delinquent taxes, if
any remain delinquent, and the city council may provide by
ordinance that all special taxes or assessments which shall
become due and delinquent prior to the delinquency of the
STATUTES CONCERNING CITIES. 213
annual taxes, shall be collected by a sale of the real estate so
taxed or assessed specially called therefor, and the kind of
notice to be given, and may also provide for the collection of
such tax by suit, such as is authorized by sections 478 and 479
of chapter 10, title 4, of the Code.
Sec. 4. The collector shall in all cases, make out and deliv-
er to the tax payer a receipt, which receipt shall contain
the description and assessed value of each lot or parcel of real
estate, and the assessed value of personal property ; and in
case the property has been sold for taxes and not redeemed,
the date of such sale and to whom sold, also the amount of
the tax, iriterest and costs, if any, giving a separate receipt for
each year, whereupon he shall make the proper entries of such
payments on the books of his office. And the council may
provide by ordinance, that no person shall be permitted to
pay the taxes of any one year until the taxes for the previous
years shall be first paid ; and provide that the receipt herein
contemplated shall be conclusive evidence that all taxes, and
the costs of every kind against the property described in such
receipt, are paid to the date of such receipt ; and provide that
for any failure or neglect on the part of the collector, or on
the part of any one acting as a collector, he and his bondsmen
shall be liable to an action on his official bond for the damages
sustained by any person or the city through such neglect.
Sec. 5. The collector of taxes, or person authorized to act
as collector, shall make, sign and deliver to the purchaser of
any real property sold for the payment of any taxes author-
ized by the provisions of this act, or by any law applicable to
cities acting under special charters, a certificate of purchase,
which shall have the same force and effect as certificates issued
by county treasurers for the sale of delinquent county taxes.
Sec. 6. Real property sold under the provisions of this act,
or by virtue of any power heretofore given, may be redeemed
at any time — before the right of redemption is cutoff, as here-
inafter provided — by payment to the collector, or to the per-
son authorized to act as collector, to be held by him sub-
ject to the order of the purchaser on surrender of the certifi-
cate, or in case the same is lost or destroyed, on his making
affidavit of such fact, and of the further fact that it was not
assigned, of the amount for which the same was sold, and
twenty per centum of such amount immediately added as a
penalty, with ten per cent, interest per annum on the whole
amount thus made from the day of sale. The collector, or
person authorized to act as collector, shall, upon the applica-
tion of any party to redeem real property sold as aforesaid
and being satisfied that such oerson has a right to redeem the
214 APPENDIX.
same, and on the payment of the proper amount issue to such
party a certificate of redemption, in substance and form as
provided by section 891 of chapter 2, title 6, of the Code, and
shall make the proper entry thereof in the sale book, which
redemption shall thereupon be deemed complete without fur-
ther proceedings.
The provisions of sections 892, 893 and 894, of chapter 2,
title 6 of the code, shall, so far as the same are applicable, and
not herein chancred or modified, apply to sales of real estate
for delinquent taxes herein contemplated ; provided, that
where the words " treasurer of the county," or "treasurer" are
used in said sections, the words "collector of the city," or
" collector " or person authorized to act as collector shall be
substituted.
Sec. 7. Immediately after the expiration of ninety days
from the date of service of the notice as prescribed by section
894, of chapter 2, title 6, of the Code, the collector or person
authorized to act as collector then in office, shall make out a
deed for each lot or parcel of land remaining unredeemed,
and deliver the same to the purchaser, upon return of the cer-
tificate of purchase. Any number of parcels of real estate
bought by one person, may be included in one deed, if re-
quired by the purchaser. Deeds executed by the collector or
person authorized to act as collector, may be in form substan-
tially as provided by section 896, chapter 2, title 6, of the
code, and shall be signed and acknowledged by him in his
official capacity, and all deeds and conveyances hereafter
made and executed on account of any general or special tax
sale shall have the same force and effect as deeds made by
county treasurers for delinquent county taxes, and the pur-
chaser, as v/ell as the owner of any real property sold on ac-
count of such general or special delinquent tax, shall be enti-
tled to all the rights and remedies which are granted and pre-
scribed by sections 897, 898, 899, 900, 901, 902, 903, 904, and
905 of chapter2, title 6 of the code ; provided, that wherever
the words " county " or "county treasurer " are used the words
" city " or " city collector " or person authorized to act as col-
lector shall be substituted.
Sec. 8. When the grade of any street or alley shall have
been established, and any person shall have built or made im-
provements on such street or alley according to the estab-
lished .grade thereof, and such city shall alter such 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. 9. Said damage or injury shall be assessed by three
STATUTES CONCERNING CITIES. 215
commissioners, who shall be disinterested freeholders, to be
appointed by the city council. They shall, before entering"
upon their duty, be sworn to execute the same according to
the best of their ability. Before entering upon their duty the
city shall cause notice to be given, which notice shall be
signed by the commissioners and published 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 prem-
ises and making their assessments. They shall view the prem-
ises and in their discretion, receive any legal evidence, and
may adjourn from day to day ; either one of whom shall have
the power, in the presence of the others, to administer an
oath or oaths to any witness or witnesses to be examined be-
fore them.
Sec. 10. When the appraisement shall be completed the
commissioners shall sign and return the same to the city
council within thirty days of their appointment. The city
council shall have power, in their discretion to confirm or an-
nul the appraisement and if annulled all proceedings shall be
void ; but if confirmed, an order of confirmation shall be en-
tered. Any person interested may appeal from the order of
confirmation to the circuit or district court of the county in
which such city is situated, by notice in writing to the mayor
at any time before the expiration of twenty days after enter-
ing the order of confirmation. Upon the trial of the appeal,
all questions involved in the proceedings, including the amount
of damages shall be open to investigation. The cost of any
proceeding incurred prior to the order of such city council
confirming or annulling the appraisement, shall in all cases be
paid by such city.
Sec. II. The city council shall have the power to remove
commissioners, and from time to time appoint others in the
place of such as may be removed, refuse, neglect or be unable
from any cause to serve.
Sec. 12. That so much of section i, chapter 51, acts of the
fifteenth general assembly as requires cities to provide by or-
dinance for the improvement of alleys after presentation of
petition by owners of property to be assessed, be and the same
is hereby repealed, and such cities organized under special
charters, may provide by ordinance how such improvements
shall be made, and thereafter may order any alley to be im-
proved, graded or macadamized, by resolution passed by the
affirmative vote of two-thirds of such council, and on voting
on such resolution the yeas and nays shall be recorded.
Sec. 13. All property taken and condemned by virtue or
[of] any power heretofore conferred or herein granted may be
2l6 APPENDIX.
so taken and condemned and such power may be exercised
and pursued without resorting to proceedings in court in the
first instance to enforce the same, anything in any law to the
contrary notwithstanding,
Sec. 14. The city council of any such city may regulate and
license sales by transient merchants, bankrupt and dollar
stores and the like. Provided^ That the exercise of such
power shall not interfere with sales made by sheriffs, consta-
bles, coroners, marshals, executors, guardians, assignees of
insolvent debtors or other persons, required by law to sell
real or personal property.
Sec. 15. The city council of all cities acting under special
charters, with a population of not more than fifteen thousand
inhabitants, as shown by the last state census, shall have
power to levy an annual tax of not to exceed three per cent,
of the assessed value of all taxable property within its limits,
for the purpose of defraying the annual current expenses of
the city, carrying on its municipal affairs and paying its bond-
ed indebtedness ; provided, that no other or greater assess-
ment shall be made in any one year than the amount herein
authorized.anythinginany law to the contrary notwithstanding.
While all other cities acting under special charters may levy the
taxes now authorized, anything in the law to the contrary
notwithstanding. While all other cities acting under special
charters may levy the taxes now authorized by law, and when
such city constitutes a road district, may levy a road tax in
addition to the road tax now allowed by law of two mills on
the dollar of the assessed valuation, which road tax shall in
no case exceed five mills \ provided, however, the city council
may provide by ordinance that all property lying within the cor-
porate limits of any city acting under a special charter, and
which is not now subject to tax for city purposes, by reason
of the said property being used for agricultural, horticultural
or gardening purposes, shall be subject to a road tax not ex-
ceeding the sum of forty cents for each one hundred dollars
of the valuation thereof, for the purpose of keeping in repair,
the roads, streets and bridges lying within that part of such
city where the property is not subject to taxation for city
purposes.
Sec. 16. When, by the provisions of special charters, taxes
or revenue of any kind are required to be collected by the
marshal or any other designated officer, the city council of
any such city shall have the power to provide by ordinance
for the collection of such taxes or revenue, and the discharge
of all other duties relating thereto by any other officer or
person.
STATUTES CONCERNING CITIES.
217
Sec. 17. Cities acting under special charters shall have
power to provide by ordinance for the numbering of houses
by the owners or lessees thereof.
Sec. 18. All such cities shall have power to require the
owner or lessee of any lot or tract of ground extending into,
across, or bordering on any hollow or ravine which consti-
tutes a drain for surface water, or a water course of any kind,
who shall by grading or filling such lot or tract of ground ob-
struct the flow of water through such water courses, to con-
struct through such lot or land such a drain or passage way
for water as the council may designate, and to enforce the
same by proper penalties, or the city may construct such
drains at the expense of the owners, and assess the cost
thereof on the lots or tracts of ground.
Sec. 19. All such cities shall have power to enforce the
payment of poll tax in such manner as it may determine by
suit, penalties or otherwise, as may be provided by ordinance.
Sec. 20. In regard to the police powers, sanitary regula-
tions, and regulations for the prevention and spread of fires,
and of contagious diseases, the enumerated powers shall not
be construed as a limitation of the general powers.
Sec. 21. No general law as to powers of cities organized
under the general incorporation act, shall in any manner be
construed to affect the charter or laws of cities organized
under special charters, and while they continue to act under
such charters, unless the same shall have special reference to
such cities.
Sec. 22. That section 7, chapter 238, acts of the sixth Gen-
eral Assembly of the State of Iowa, approved January 27th, A.
D. 1857, t>e, and the same is hereby repealed.
CHAPTER 174, ACTS OF SEVENTEENTH GEN-
ERAL ASSEMBLY AMENDING SECTION 6, OF
CHAPTER 116, LAWS OF THE SIXTEENTH GEN-
ERAL ASSEMBLY.
1. Subsequent taxes paid by purchasers
at tax pales, penalty added to. Such pen-
alty not to attach unless tax has been de-
linquent for thirty days.
2- Sales for taxes hithertofore made not
to be affected by preceding section.
Be it enacted by the General Assembly of the State of Iowa:
Section i. That section 6, of chapter 116, laws of the six-
teenth General Assembly, be and the same is hereby amended
28
21 8 APPENDIX.
by inserting after the word "sale," in the eleventh line of said
section 6, the following words, to-wit: And also the amount
of all taxes, either annual or special, with interest and costs,
paid at any time by the puKchaser subsequent to the sale, and
a similar penalty of twenty per cent, added as before on the
amount of the payment made at any subsequent time with ten
per cent, interest per annum on the whole of such amount
or amounts from the day or days of payment. Pro-
vided, That such penalty f«)r the non-payment of the
taxes at any such subsequent time or times shall not attach
unless such subsequent tax or taxes shall have remained un-
paid for thirty days after they become delinquent.
Sec. 2. The provisions of the above section shall not in
any manner affect the sales for city taxes heretofore made by
cities acting under special charters.
SECTION 3, OF CHAPTER 3, OF ACTS OF 1868, CER-
TIFYING TAXES.*
* * -x- * Yj^g (.j^y council or trustees of any incorpor-
ated city or town, acting under special charter, 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 un-
der the general incorporation law, known as chapter 51, of
the revision of i860, 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 pro-
vided by section 3, chapter 25, of the acts of the tenth General
Assembly.
*Tlie first and second sections of this act, are omitted, as they confer upon the city, no
power it did not previously possess.
STATUTES CONCERNING CITIES. 219
P
■^HAPTER 99, ACTS OF SEVENTEENTH GENERAL
H ASSEMBLY, PROMOTING THE COLLECTION OF
B REVENUE IN INCORPORATED CITIES ACTINGL
H UNDER SPECIAL CHARTERS, AND TO LEGAL-
H IZE THE TAXES HERETOFORE LEVIED THERE-
H IN AND SALES MADE THEREUNDER.
B
1. City council may provide for certifying
tax levied to county auditor; county auditor
to place the same on the tax books of the
county; county collector to collect the same
I
in the same manner that county taxes are
collected.
2. Acts heretofore done by city officers in
certifying tax to auditor and in sales made
by county collector validated.
I
Be it enacted by the General Assembly of the State of Iowa:
Section i. That the council of each municipal corporation
acting under special charter, may, if they deem it expedient,
provide by ordinance for certifying to the auditor of the coun-
ty in which such city is situated, on or before the first Monday
of September of each year, or such other time as may be fixed
by law for the levy of state and county taxes, the per centage
or number of mills on the dollar of tax levied for all city pur-
poses by them on the taxable property within the corporation
for the year then ensuing, as shown by the assessment roll of
said city for said year, and the county auditor, when such cer-
tification is made, is required to place the same on the tax
books of the county in the same manner as state and county
taxes are placed thereon, which tax for municipal purposes
shall be collected and paid over to the proper officer by the
county treasurer with the same restrictions, powers and liabili-
ties and under the same regulations as to pov/er, mode and
manner of proceeding in every respect as in relation to state
and county taxes, and in all things relating to the sale of real
and personal property, he is authorized and required to pro-
ceed according to the provisions of the statutes regulating the
sale of property for delinquent state and county taxes and in
all sales for such or any delinquent taxes for municipal pur-
poses, if there be other delinquent taxes due from the same
person, or a lien on the same property, the sale shall be for
all the delinquent taxes and such sales and all sales made
under or by virtue of this act shall be of the same validity,
and in all respects be deemed and treated as though such
sales had been made for delinquent state and county taxes
exclusively.
Sec. 2. That all acts of the officers of cities incorporated
under special charters in heretofore certifying the taxes levied
or rates of taxes to the county auditor, and all collections,
and tax sales made thereunder, be and the same are hereby
220 APPENDIX.
declared in all respects as valid, binding, effective and conclu-
sive as if the power to so certify and sell had been expressly
conferred by law, but nothing herein contained shall have the
effect to make valid any sale for taxes which would be invalid
under any other provision of law.
CHAPTER 2^, OF ACTS OF 1872, RELATING TO
TAXES LEVIED FOR BRIDGE PURPOSES.
1. When cities and towns are entitled to | 2. Duty of connty treasurer, etc.
bridge tax. I
Section i. The incorporated cities and towns of this State
within the limits of which bridges are constructed over run-
ning streams and maintained at the expense of such cities
and towns shall be entitled to all bridge taxes levied by county
authorities and collected on property within the limits of such
cities and 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 country treasurer shall pay to the proper mu-
nicipal officers all the money 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 constructing and main-
taining such bridges, the bridge tax herein provided for shall
therefore remain in the county treasury for general bridge
purposes, subject only to the cost of maintaining such muni-
cipal bridges in good condition and repair.
PART OF CHAPTER i, OF ACTS OF 1872, AUTHOR-
IZING THE APPROPRIATION OF MONEY TO
BUILD BRIDGES.
Section i. The common council of any incorporated city
within the state may appropriate sum not exceeding ten dollars
per lineal foot, to aid the construction of any county bridge
within the limits of such city.
STATUTES CONCERNING CITIES.
221
I
CHAPTER 5, OF LAWS OF 1874, EMPOWERING CITIES
AND TOWNS TO MAKE CONTRACTS WITH
RAILROAD AND BRIDGE COMPANIES FOR THEr
USE OF WAGON BRIDGES ACROSS RIVERS.
Section i. All cities situated on any river in the state,
whether organized and existing under special charter or by gen-
eral law, and from which to the opposite shore of any of said
rivers a bridge has been or may be constructed by any rail-
road or other private company, corporation or person, shall
have power to contract with the company, corporation or per-
son owning such bridge for the use of the same as a public
highway jointly with any company, corporation or person hav-
ing 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 damages to
persons or property by reason of their being on any part of
said bridge or on an approach to either end thereof caused by
the running of cars or locomotives by any corporation, com-
pany or person entitled to use said bridge, whether such dam-
age results from the negligence of the persons engaged in run-
ning said cars or locomotives or otherwise, and to indemnify
and save harmless the owners of said bridge and any and 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 ma)' seem proper, and make all necessary police reg-
ulations for the government of said bridge.
CHAPTER 31. OF LAWS 1872, RELATING TO POLL
TAXES IN CITIES AND TOWNS.
1. Municipal corporations having control
of streets may require male residents be-
tween twenty-one and fifty to work on same-
2. Forfeiture for non-compliance. Collec-
tion.
Section i. Municipal corporations, whether organized un-
der special charters, or under the provisions of chapter fifty-
one, revision of i860, and where by the terms of the charter
the same are invested with the care and control of streets
and highways within their respective limits, are hereby em-
powered 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 satis-
222
APPENDIX.
factory substitutes, perform two days' labor upon the streets,
alleys or highways within said incorporation, at such time and
places as the proper officer may direct and upon three days'
notice in writing given.
Sec. 2. That said municipal incorporations may further
provide, by ordinance, that for each days' failure to attend and
perform such labor as required, at the time and place specified,
the delinquent shall forfeit and pay to the corporation
any sum not exceeding two dollars for each days' delin-
quency, and that all such sums remaining unpaid on the
first day of September in each year, may be treated and col-
lected as taxes on property, and the same shall be a lien on
all the property of the delinquent, that may be listed for tax-
ation and assessed and owned by him on the first day of
November of the same year.
CHAPTER 51, PAGE 40, ACTS OF 1874, CONCERNING
THE IMPROVEMENT OF ALLEYS.
4. Mode of making assessment.
5. Costs not to be paid out of general
funds of corporation.
1. City and town councils may provide
for grading alleys. Assessment of expense.
2. Work to be let by contract.
3. Assessments a lien upon property.
Section i. The city councilor trustees of any incorporated
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 grad-
ing the same, and for the assessment of the expenses thereof
upon the owners of lots or parcels of land abutting on said al-
ley/r<? rata, according to the front feet of said lots or parcel
of land; /r^e^/i/^*/, that such ordinance shall not be adopted
except after the presentation to said council of a written peti-
tion for the improvements 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 respon-
sible bidder; provided, that all bids for such work may be re-
jected 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 assessed, and shall
*See ante-section 12, of chapter 116, of acts of 1876.
STATUTES CONCERNING CITIES.
223
I
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 forfeiture, penalties,
and rights of redemption, and certificates and deeds on suchr
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 respectively, as now or hereafter provided
by law in respect thereto.
Sec. 4. Such city council or trustees may provide by ordi-
nance for the particular mode of making and returning the
assessment hereinbefore authorized, and payment of such as-
sessments 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.
Sec. 5. That so much of section 465 of chapter 10, title 4,
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 is hereby repealed.
I
4. Application of act.
5. Limitation of amount of bonds.
CHAPTER 19, PAGE 20. OF ACTS OF 1872, ENABLING
CITIES AND TOWNS TO SETTLE, ADJUST, AND
COMPOUND INDEBTEDNESS.*
1. Cities, towns and counties autiiorized 3. Terms of adjustment,
to adjust tlieir indebtedness and to issue
new securities.
2. Same authorized to levy the necessary
taxes and enforce liquidation of renewed
debts.
Section i . Cities, towns and counties are hereby author-
ized to settle, adjust, compound, extend or renew debts, owing
by the bonds or other negotiable promissory instruments of
such corporations, and to issue new securities for such debts.
Sec. 2. Said corporations are hereby authorized, whenever
any extension or renewal of said indebtedness is made, to
provide by the levy and collection of annual taxes, at the same
time and in the same manner as for the levy and collection of
other taxes for the prompt payment of the interest and prin-
cipal of such renewed debt; and the levy collection and pay-
ment of taxes, to liquidate the principal and interest of said
renewed debt may be enforced in case of default by writ of
mandamus or other proper legal process.
Sec. 3. Said corporation may settle, adjust, compound, ex-
tend or renew such indebtedness upon such terms as they may
deem just and for their welfare.
*See chapter 69, of acts of 1872; and chapter 57, of acts of 1876.
224 APPENDIX.
Sec. 4. This act is intended to apply only to the settlement
of bonds and securities heretofore issued, not including war-
rants or other evidences of debt, issued for current expenses
and outstanding at the time of the passage and approval
hereof
Sec. 5. New bonds issued by virtue hereof shall in no case
be for a greater sum than the principal and accrued or earned
interest unpaid on the bond or debts in place of which, or for
the payment of which, they shall be given.
CHAPTER 69, PAGE 73, ACTS OF 1872, PROVIDING
FOR THE PAYMENT OF BONDS ISSUED BY
CITIES AND TOWNS UNDER CHAPTER 19 OF
LAWS OF 1872.
1. Bonds to pay indebtedness may be col- 1 2. Provision prohibiting compounding of
lected through the auditor of state. railroad bonds repealed.
Section I. Section 5 of chapter 54 of the laws of the thir-
teenth General Assembly shall be, and is hereby, made appli-
cable to any bonds hereafter issued by towns, cities or coun-
ties under chapter 58, (xix) of the laws of the fourteenth Gen-
eral Assembly,
Sec. 2. Section 6, of said chapter 54, of the laws of the
thirteenth General Assembly is hereby repealed.
CHAPTER 57, PAGE 47, OF ACTS OF 1876, AUTHOR-
IZING CITIES AND TOWNS TO ADJUST CER-
TAIN INDEBTEDNESS AND TO PROVIDE FOR
THE PAYMENT OF THE SAME.
3. This act not to apply to current ex-
penses.
4. New securities.
1. May settle and adjust indebtedness
and issue new securities.
2. May levy special tax to pay principal
and interest.
Section i. That cities and towns are hereby authorized,
upon such terms as they may deem just and for their best in-
terest to settle, adjust, renew or extend such indebtedness as
may be owing by or claimed against them and evidenced by
the bonds or other negotiable promissory instruments of such
municipal corporations, and to issue new securities for such
indebtedness, except as hereinafter mentioned.
Sec. 2. Said several corporations are hereby authorized,
whenever any extension or renewal of such indebtedness, is
.
STATUTES CONCERNING CITIES.
made, to provide for the payment of the interest and principal
of such extended or renewed indebtedness by the levy and
collection of the necessary taxes at the same time, and in the
same manner as other taxes; and the levy, collection and pay-
ment of such taxes may be enforced by proper legal process
when necessary, in addition to the ordinary means provided
by law for the levy and collection of taxes.
Sec. 3. This act is intended to and shall apply only to the
settlement, adjustment and extension or renewal of bonds and
securities heretofore issued and outstanding at the time of this
act, and not including warrants or other evidences of indebt-
edness issued or incurred for current expenses of such corpor-
ations.
Sec. 4. New bonds or securities issued by virtue hereof, shall
in no case be for a greater sum than the principal and accrued
interest unpaid on the bond or security for which such new
bond or security may be given.
CHAPTER 12, PAGE 14, OF ACTS OF i8;o, PROVID-
ING FOR THE ELECTION OF A POLICE JUDGE
AND THE ESTABLISHMENT OF A POLICE
COURT IN CITIES ACTING UNDER SPECIAL
CHARTERS.
3. Making such election optional with the
1. Citiei? under special charters may elect
police judges.
2. Powers of same.
city
4. Moneys to be accounted for.
Section i. 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 municipal
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. Whenever any such city shall have elected a police
judge, as aforesaid, all the powers, jurisdiction, duties and
emoluments of said judge and his court shall be the same as
are now provided by sections 11 17, 11 18, 11 19 and 1120, of
chapter 51, of the revision of i860, providing for such an offi-
cer in cities acting under the general incorporation law for in-
corporated cities and towns, the same as though said sections
were herein specially set forth.
Sec. 3. Nothing herein contained shall be construed to
compel any such city to elect a police judge, where they may
choose to dispense with the same.
29
226 APPENDIX.
Sec. 4. All moneys coming into the hands such police of
judge in his official capacity, shall be accounted for in the
same manner as justices of the peace are required to account
for money coming into their hands officially.
The following are the sections of the Revision of i860, re-
ferred to in the preceding act.
Section 1117. The police judge shall have in all criminal
cases the powers and jurisdiction that are or may be by law
vested in justices of the peace of the county in all respects
whatsoever; he shall also have the powers to take acknowl-
edgements of deeds and other writings, he shall have jurisdic-
tion of all ordinances of the city, and of all cases of petit lar-
ceny and other inferior offenses which do not require an in-
dictment 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 center, and the
style of the court around the margin, and shall have like ju-
risdiction as a court as is or may be invested in the judge
holding the same ; and shall also have jurisdiction and power
to hear and determine all cases of violation of the ordinances
of the city which shall be prosecuted in the name or in the
behalf of the city; and in all cases of petit larceny, or other
inferior offenses 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 indict-
ment 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 have in respect of the issuing of process, the
preserving order and punishing contempts, the administering
oaths, the summoning and empaneling juries or otherwise,
all the persons* incident to the district courts in the hearing
and determining like cases.
Sec. 1 118. The police judge holding the police court shall
be entitled to receive in all criminal cases, prosecuted in be-
half of the state, the same fees, to be collected in the same
manner, as is or may be provided by law, as the justice of the
peace in like cases, and in cases prosecuted in behalf of the
city, such fees not exceeding fees for the services of the like
nature in state prosecutions, as the council may by ordinance
*This ia evidently a mbprint, it should be '■'powers.'"
STATUTES CONCERNING CITIES. 22/
prescribe, and shall also receive such future salary or compen-
sation as the city council in like manner may prescribe.
Sec. 1 1 19. 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 ordinances
of the city council or rule of the court; the jurors in said
court shall have the qualifications 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
any charge against them, full opportunity of being heard
but (at thej dispatch the business of the court with conven-
ient 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, 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 shall require, and may either discharge the
party or set aside the conviction and order another trial, or
dismiss the certiorari, and order a precedendo, but no convic-
tion or sentence of any such judge shall be set aside or disre-
garded 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.
CHAPTER 13, ACTS OF 1872, CITIES AND TOWNS
MAY AID IN THE CONSTRUCTION AND REPAIR
OF ROADS LEADING THERETO.
1. Towns may devote part of road tax to I payers, council to submit question of specia^
roads leading thereto. election, etc.
2. Upon petitio n of one-thiid resident tax-
Section I. It shall be lawful for any incorporated city* or
town to aid in the construction and repair of any road or roads
leading thereto by appropriating therefor a portion of the
♦The word city was added to section 1. the above statute, by chapter 197, of the acts of
1872, page 104.
228 APPENDIX.
road tax belonging to said incorporated town or city not ex-
ceeding fifty per cent, thereof annually as hereinafter provided.
Sec. 2. Whenever a petition shall be presented to the coun-
cil of any incorporated town signed by one-third of the resi-
dent tax-payers of said town asking that the question of aid-
ing in the construction or repair of any road or roads leading
thereto be submitted to the voters thereof, it shall be the duty
of the council of said town to immediately give notice of a
special election by posting five notices in public places in said
lown at least ten days before said election, which notice shall
specify the time and place of holding said election, the partic-
ular road or roads proposed to be aided, the proportion of the
road tax then levied and not expended, or next thereafter to be
levied, to be appropriated, at which election the question of "ap-
propriation," or " no appropriation," shall be submitted, and if a
majority of votes polled be for ''appropriation," then the coun-
cil of such incorporated town shall be authorized and empowered
to aid in the construction and repair of said road or roads to
the extent of said appropriation, in the same manner as they
otherwise would were said road or roads within the corporate
limits of said town. Provided, That no part of said road
tax shall be appropriated or expended outside of two miles
from said town.
CHAPTER T^, LAWS OF i860, CONCERNING COUNTY
AND STATE ROADS WITHIN TOWNS AND
CITIES.
1. County and state roads must conform to grade.
Section i . Such portions of all county and state roads as
lie within the limits of any incorporated town or city or in any
town or city hereafter incorporated, shall conform to the direc-
tion and grade and be subject to all the regulations of other
streets in such town or city.
CHAPTER IS4, PAGE 214, ACTS OF 1868, RELATING
TO THE SALE OF INTOXICATING LIQUORS IN
INCORPORATED CITIES AND TOWNS.
1. Amendment of revision of I860. | may regulate and prohibit the sale of cer-
2. Cities and towns under special chartei"8 tain liquors.
Section i. Section 1063 of the revision of i860 is hereby
amended by striking out of said section aJ) after the words
STATUTES CONCERNING CITIES.
229
intoxicating liquors," and inserting in lieu thereof the fol-
lowing words: " Not prohibited by the laws of the state."
Sec. 2. All incorporated towns and cities not incorporated
under the general incorporation law shall have the power to
regulate or prohibit the sale of intoxicating liquors not pro-
hibited by state laws, and such power to regulate shall include
the power to assess or impose a tax on such sale. For the
purposes of this act beer and wine shall be considered intoxi-
cating liquors.
I
I
CHAPTER 81, OF ACT OF 1870, PROVIDING PUNISH-
MENT FOR VIOLATION OF CITY ORDINANCES
AND BY-LAWS.
Section i. The board of trustees, city council, or other
legislative power of any city or town, now or hereafter incor-
porated under the laws of this state, shall have power to pro-
vide by ordinance for the punishment of any person found
guilty of violating any ordinance or by-law of such city or
town, by fine, penalty or forfeiture, not exceeding one hundred
dollars, or by imprisonment in jail not to exceed thirty days ;
but such city or town using any county jail shall be liable to
the county for the expenses and costs of keeping such prison-
ers ; which may be recovered by action therefor.
Sec. 2. Whenever the fine and costs imposed for the viola-
tion of any ordinance or by-law are not paid, the person con-
victed may by the officer having jurisdiction in the case be
committed until fine and costs are paid. Provided, however,
that no imprisonment in such cases shall be for more than
thirty days.
CHAPTER 10;. LAWS OF 1866, PAGE 112, CONSTITU-
TING THE MAYOR AND COUNCIL OF ANY IN-
CORPORATED CITY OR TOWN, OR THE TRUS-
TEES OF ANY TOWNSHIP NOT INCORPORATED,
A BOARD OF HEALTH, AND DEFINING THEIR
POWERS.
1. Board of health; who shall constitute.
2. Powers.
3. Shall publish regulations.
4. Shall abate or remove.
5. Owners shall remove filth ; fine for neg-
lecting.
6. Notice: how served.
7. Liability of owners.
8. Streets and alleys to be cleaned; In-
fectious diseases; establishment of hos-
pitals, etc.
9. Violation a misdemeanor; penalty.
10. How expenses may be paid.
11. Notice; duty of marshal.
Section i. The mayor and council of any incorporated
230 APPENDIX.
town or city, or trustees of any township not incorporated,
shall be and are hereby constituted a board of health.
Sec. 2. The several boards of health constituted by this act
shall have power to make such regulations as they may deem
necessary for the public health and safety respecting nuisan-
ces, sources of filth and causes of sickness within their cities
or towns.
Sec. 3. Notice shall be given by the board of health of all reg-
ulations made by publishing the same in some newspaper of its
town, or, where there is no newspaper, by posting in five
places in the town. Such notice shall be deemed legal notice
to all persons.
Sec. 4. The board shall examine into all nuisances, sources
of filth and causes of sickness within its town or city, and
shall take immediate measures to abate, remove or prevent
the same wherever found.
Sec. 5. The board shall order the owner or occupant, at
his own expense, to remove any nuisance, source of filth or
cause of sickness found on private property within such time
as it deems reasonable, and if such person neglects to do so
he shall forfeit a sum of not exceeding twenty-five dollars for
every day during which he knowingly permits such nuisance
or cause of sickness to remain after the time prescribed for
the removal thereof.
Sec. 6. Such notice shall be made in writing and served by
the marshal of the town or city, or by any constable of the
town, in the usual way of serving notices in civil suits.
Sec. 7. If the owner or occupant fails to comply with such
order the board may cause the nuisance, source of filth or
cause of sickness to be removed, and all expenses incurred
thereby shall be paid by such person.
Sec. 8. The board shall have power to make regulations in
relation to cleansing the streets and drains of the city or town;
in relation to communication with houses where there is any
contagious or infectious disease; to establish pest houses or hos-
pitals, and when deemed expedient and necessary to prevent
the spread of any contagious disease, to remove to said pest
house or hospital, any person sick with the Asiatic or malig-
nant cholera or other malignant or infectious disease. To
prohibit or prevent all communication by, and with, all houses,
tenements, and places, and the persons occupying the same, in
which there shall be any person sick with any contagious,
malignant or infectious disease. To employ all such persons
as shall be necessary to carry into effect the regulations adopted
and published according to the powers vested in the board by
STATUTES CONCERNING CITIES. 23 1
"this act, and to fix their compensation; to employ physicians
in case of poverty, and to take such general precautions and
actions as it may deem necessary for the public health.
Sec. 9. Any person who shall willfully violate any of the
regulations so made and publifjhed by the board of health,
shall be guilty of a misdemeanor and upon conviction thereof
shall be subject to a fine or imprisonment, such fine not to
exceed one hundred dollars, and such imprisonment not to
exceed thirty days.
Sec. 10. All the expenses incurred by the several boards
of health in the execution of this act shall be a charge upon
their respective towns or cities, for the purpose of defraying
^ which a tax may be levied by such board of health upon the
property in such town or city, upon the valuation of property
at the last assessment of such property, sufficient to defray all
expenses so incurred.
Sec. II. Ten day's notice of such levy shall be given in
the manner prescribed bylaw for the collection of taxes, when
it shall be the duty of the marshal of such town or city to col-
lect the same and pay it into the hands of the treasurer of the
board of health.
CHAPTER 35, OF ACTS OF 1874, RELATING TO RI-
PARIAN OWNERS.
1. Land owners upon the Mississippi river I 2. Owners to receive compensation for
may erect piers, cribs, booms, &c. railroad right of way.
Section i. All owners and lessees of lands or lots situate
upon the lov/a banks of the Mississippi and Missouri rivers,
upon which property there is now or hereafter may be carried
on any business which is in any way connected with the navi-
gation of said rivers, or to which the said navigation is a
proper and convenient adjunct, are hereby authorized to con-
struct and maintain, in front of their said property, piers, cribs
booms, and other proper and convenient erections and devices
for the use of their respective pursuits and the protection and
harbor of rafts, lots, floats and other water crafts; provided,
that the same present no material or unreasonable obstruc-
tion to the navigation of the stream, or to a similar use of
adjoining property.
Sec. 2. It shall not be lawful for any person or corporation
to construct or operate any railroad or other obstruction be-
tween such lots or lands and either of said rivers, or upon the
shore or margin thereof, unless the injury and damage to such
232
APPENDIX.
owners occasioned thereby shall be first ascertained and com-
pensated in the manner provided by chapter 4, title 10, of the
Code.
CHAPTER 90, OF LAWS OF 1876, PROVIDING FOR
THE ELECTION OF CITY ASSESSORS IN CITIES
ORGANIZED AND EXISTING UNDER SPECIAL
CHARTERS. ADDITIONAL TO CODE, CHAPTER
10, TITLE 4.
Section i. That the qualified electors of all cities organ-
ized and existing under special charters, shall, at their regu-
lar annual election, elect one city assessor, who shall hold his
office for the term of one year and until his successor is elect-
ed and qualified.
PART OF CHAPTER 6, OF LAWS OF 1872, CONCERN-
ING RAILWAY COMPANIES.*
3. Companies prohibited from violating
contracts with municipal corporations.
4. Proceedings in case of violation by rail-
road companies.
5. Proceedings in equity and decree.
6. Any court or judge may enjoin violation
of act or contract.
7. Remedies not exclusive.
8. Enforeementof order of court.
9. How to be construed.
Section 3. Every railroad company, its successors, assignees
or lessees, which has heretofore made or which shall here-
aftermake any contract with any municipal corporation in this
state is hereby prohibited from, in any manner, violating any
of the provisions of such contract; and every railroad com-
pany, its successors, assigns, or lessees, which has heretofore
made, or shall hereafter make any contract with any munici-
pal corporation in this state, is hereby required to perform
each and all of the provisions of any and every such contract
specifically as agreed therein, and it is hereby made its duty
so to do. In every case in which any such municipal corpor-
ation has complied with its obligation relating to such con-
tract at any stage of its fulfillment, so far as it has agreed to
do, such municipal corporation shall not be required to fur-
nish any further tender or guarantee of compliance on its part
in order to secure its rights in the courts ; but in case
anything remains to be done by such municipal corporation
*Section8 1 and 2 arc omitted because they are not of a general character.
I
STATUTES CONCERNING CITIES. 233
under such contract, after the completion of the same, on the
part of the railroad company contracting therewith, then it
shall, after the enforced compliance on the part of such com^
pany as hereinafter provided, be required to fully comply on
its part.
Sec. 4. In case of a refusal of any railroad company, its suc-
cessors, assigns, or lessees to comply with the provisions of
section i, of this act, or its failure to perform the duties re-
quired in the last preceding section, or their doing, or having
done any act at variance with such performance or duties,
then the municipal corporation affected thereby, or with
which the contract in that particular case was made, may, in
an action by mandamus, in any court of record in the county
in which such municipal corporation is situated, proceed
against such company so failing or refusing, and such company
shall, on proper proof, be required to perform all the du-
ties required by this act ; and the general law for the action
of mandamus, in force in this state, shall apply in such a case
with the same force that it does in all other cases in which it
is applicable, except as it is herein enlarged.
Sec. 5. In case any municipal corporation affected as be-
fore stated, or with which any such contract has been made,
should not desire to seek the remedy given in the last pre-
ceding section of this act, it may proceed in equity by the
action of specific performance in any court in the county in
which such municipal corporation is situated, having jurisdic-
tion in equity, and in case such court should find that a con-
tract had been made, it shall by decree require such company
so violating or offering to violate its contract, or failing or
refusing to perform the provisions thereof to specifically per-
form the same. •
Sec. 6. Any court or judge in this state, to whom appli-
cation shall be made, shall at the suit of any municipal cor-
poration as aforesaid, restrain by injunction the violation
of an)^ provisions of this act, or of the provisions of any con-
tract as aforesaid, and in such proceeding it shall not be neces-
sary for such municipal corporation to give bond.
Sec. 7. The remedies provided for in this act shall not be
construed to be exclusive.
Sec. 8. Any order, decree or judgment, made by any court
in pursuance of any of the provisions of this act, shall be en-
forced in the usual manner.
Sec. 9. The words " railroad company or companies," in
this act, shall be construed to mean also the officers, agents,
or employees of such company or companies.
30
234
APPENDIX.
CHAPTER i;2, ACTS OF SEVENTEENTH GENERAL
ASSEMBLY. AN ACT TO AUTHORIZE CITIES,
TOWNS AND TOWNSHIPS TO REGULATE THE
SALE OF COAL OIL.
1. City council may on petition of five
inhabitants appoint one or more inspectors
of coal oil. Inspectors not to be interested
in the sale or manufacture of such oils;
compensation, and by whom paid. Inspec-
tors to take oath and give bonds.
2. Inspector to malte test of such oil in
quantities not less than a pint. Oils must
show a Are test of not less than 150 degrees
Fahrenheit. Inspectors to mark on oils so
tested result of test. If oil ignites at a fire test
of less than 150 degrees, to mark the same
condemned for illuminating purposes, name-
ing the fire test. Inspector to keep record
of fire tests made by him.
3. Inspector may be punished for breach
of duty.
4. Penalty for selling or ottering to sell for
illuminating purposes coal oil not tested,
or below the required test.
Beit enacted by the General Assembly of the State of Iowa:
Section i. That the mayor and council of any city or in-
corporated town, or the township trustees in townships wherein
no city or incorporated town is situated may, and upon the peti-
tion of any five inhabitants thereof, shall, annually appoint one,
or more suitable persons, not interested in the sale or manu-
facture of coal oil, kerosene, or the product of petroleum, to
be inspectors thereof in said cities, towns, or townships, and
fix their compensation, which shall not exceed five cents per
package, to be paid by the party requiring their services, and
who, before entering upon the duties of such office, shall take
take and subscribe an oath, and s,hall also execute a bond to the
state of Iowa in such sum and with such sureties as shall be
approved by said council or township trustees, and conditioned
for the faithful performance of his duties; and any person
aggrieved by the misconduct or neglect of such inspector,
may maintain suit thereon for his own use for all damages
sustained.
Sec. 2. Upon the application of any person, purchaser,
manufacturer, refiner, or producer of, or any dealer in, such
oils or fluids, said inspector shall test the same with rea-
sonable dispatch by applying the proper fire test thereto, in
quantities not less than one pint, as indicated and determined
by some accurate instrument and apparatus approved and
used for testing the quality of such illuminating oils or fluids,
which instrument or apparatus the inspector shall provide at
his own expense and cost. If the oils or fluids so tested will
not ignite or explode at a temperature less than one hundred
and fifty degrees Fahrenheit, to be ascertained as aforesaid,
the inspector shall mark, plainly and indelibly, over his official
signature, with the date thereof, on each cask, barrel, tank
or package so tested, *' Approved, fire test being one hundred
and fifty degrees" or more, as the same may prove; but if
STATUTES CONCERNING CITIES. 235
such oils or fluids will ignite or explode at a temperature less
than one hundred and fifty degrees Fahrenheit, then the in-
spector shall so mark on each cask, barrel, tank or package so
tested "Condemned for illuminating purposes, fire test being
degrees," as the same may prove less than one hundred
and fifty degrees Fahrenheit. Said inspector shall keep a
record of all inspections made and enter the same within
twenty-four hours thereafter, in a book kept for that purpose,
which shall be at all times accessible for examination by any
person; and upon the termination of his office, such inspector
shall turn the same over to the clerk or recorder of said city,
incorporated town or township.
Sec. 3. Any inspector who shall falsely brand or mark any
cask, barrel, tank or package, or be guilty of any fraud, deceit,
misconduct or culpable negligence in the discharge of any of
his official duties, or who shall either directly or indirectly deal
in any such oils or fluids while holding the office of inspector,
shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine not exceeding one hundred dollars
or imprisonment not exceeding thirty days, and shall be liable
to the party injured for all damage occasioned thereby.
Sec. 4.. Any manufacturer or refiner of, or any dealer in any
such oils or fluids, the product of petrolum, who shall sell or
offer the same for sale to any person for illuminating purposes
without the same shall have been so inspected, or shall sell or
offer for sale any such oils or fluids- as aforesaid, which is be-
low the test of one hundred and fifty degrees Fahrenheit, as
provided in section 2, of this act, or who shall use any cask,
barrel, tank or package, with the inspector's brand or mark
thereon, the oil or fluid therein contained not having been so
inspected, or who shall counterfeit any such inspector's brand
or mark, shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be liable to the same penalties pro-
vided in, and subject to the same liabilities as set forth, in
section 3, of this act.
CHAPTER 117, ACTS. OF SEVENTEENTH GENERAL
ASSEMBLY, REDUCING THE LIMITS OF CER-
TAIN CITIES INCORPORATED UNDER SPECIAL
CHARTERS.
Be it enacted by the General Assembly of the State of Iowa:
Section i. That when any city incorporated under a
special charter and having, according to the returns of the
236 APPENDIX.
census taken under and by authority of the State of Iowa, in
the year 1875, a population of not less than ten thousand nor
more than twelve thousand inhabitants, shall desire to have
any portion of the territory embraced within its limits sev-
ered from or stricken out of the limits of such city, the city
council of said city may, upon a vote of two-thirds of the
whole number of members of such council, present to the cir-
cuit court of the county in which such city is situated a peti-
tion setting forth the facts and describing- the territory that
is desired to have severed, with the names of each owner of
any portion of such territory so far as shown by the assess-
ment list of such city, which petition shall have attached
thereto, a map or plat of such territory. A notice of the filing
of such petition shall be served by publication in one of the
daily papers published in such city, for the period of four
weeks prior to the meeting of the circuit court in which said
petition is filed. And the city shall be plaintiff and the said
owners defendant, and issues joined and the cause tried in
the same manner as other causes, so far as applicable, except
no judgment shall be rendered for costs against the defendants.
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 severed from such city, a decree shall be
entered accordingly and from the time of entering such decree
the territory therein described shall be severed from and no
longer be a part of such city.
CHAPTER 36, ACTS OF 1874, PROVIDING FOR THE
STOPPING OF FIRES IN CITIES AND TOWNS.
1 . Owners of property destroyed to pre-
vent the spreading of lire to receive pay
from the city or town.
2. Assignment of insurance policy.
Section i. That whenever, for the purpose of staying the
progress of a conflagration, the authorities of any city or town,
whether acting under special charter or not, shall order or
cause to be destroyed any house or building not already on
fire and adjoining or in the vicinity of such conflagration,
the owner thereof shall be paid for such property by such city
or town; provided, he shall make his claim within thirty days
from the date of the destruction of the same, and \{ the said
city or town shall fail to make payment v/hen said claim
is made and satisfactory proof furnished of the value of said
property so destroyed, the party owning such house or build-
ing shall have the right to recover by suit in any court having
STATUTES CONCERNING CITIES. 237
jurisdiction of the same, the value of such property which such
city or town authorities may have caused to be destroyed to
prevent the spread of such conflagration.
Sec. 2. That upon the payment of the amount to which
said party is entitled by such city or town, as provided in
section i, of this act, the party so paid as aforesaid shall assie^n
and set over to said city or town all his right, title and inter-
est in and to any insurance policy or claim he may have
against any insurance company for said property so destroyed
or any part thereof.
I^^HAPTER 54, ACTS OF 1876, RELATING TO THE
n CONSTRUCTION OF SEWERS.
■
11
1. Cities organized under special charters
may construct sewers and how paid for.
2. To be done under contract.
Respecting special tax.
4. Council to provide mode of assessment.
5. Not conflicting with Code.
6. Cross sewers.
7. Proviso.
Section i. That all cities in this state organized and exist-
ing under special charter, having a population of not less than
ten thousand as shown by the last preceding state census,
may provide by ordinance for the construction of sewers, or
may divide the city into sewerage districts in such manner as
the council may determine, and pay the cost of constructing
same out of the general revenue of the city, or assess the cost
upon the adjacent property, or may levy a certain sewerage
tax within the sewerage district, out of which to pay for the
construction of the same, which sewerage tax shall not exceed
in any one year two mills on the dollar of the assessed value of
the property within such district. Or may pay a part of the
cost of such construction out of the general revenue, and a
part by levying a tax upon all the property within the sew-
erage district, or may pay for the same by pursuing any two
of the methods herein named.
Sec. 2. It shall be the duty of such city council to require
the work of constructing such sewers to be done under con-
tract therefor to be entered into with the lowest responsible
bidder, and bonds with surety for the faithful performance of
such work shall be required to be given by the contractors.
Provided, That all bids for such work may be rejected by
such council, if by them thought to be exorbitant and new
bids ordered.
Sec. 3. All special tax levied for the construction of sewers
under this act shall be payable by the owners, personally, at
238 APPENDIX.
the time of such assessment, and shall also be a lien upon the
lots and lands so assessed and shall bear such rate of interest,
and the said property assessed may be sold for the payment
thereof in the same manner at any regular or adjourned sale
or special sale called therefor, with the same forfeitures, pen-
alties and rights of redemption and certificates, and deeds on
such sales shall be made in the same manner with like effect
as in case of sales for non-payment of the ordinary annual
taxes of such cities respectively as now or hereafter provided
by law in respect thereto, or the city council may provide by
ordinance for the sale of such assessed property at a special
tax sale to be called therefor, after giving notice therefor three
consecutive weeks in one of the newspapers published in said
city; the last of which publications shall be at least ten days
before the day of sale.
Sec. 4. Such city council may provide by ordinance for the
particular mode of making and returning the assessments
hereinbefore authorized, and payment of such assessments
may, if so directed by said council, be enforced by suit in
court, in the manner and by the proceedings provided for by
sections 478, 379, and 481, of the Code.
Sec. 5. Nothing in this act contained shall take away, im-
pair or interfere with the powers conferred by section 465 of
the Code, for the construction of sewers and payment there-
for in whole as therein provided.
Sec. 6. The city council shall have power to provide by
ordinance, terms and conditions on which cross sewers may
be attached to or connected with main sewers ; and in cases
where sewers have been constructed in whole or in part by
special assessment, may pay unto the parties who have been
so assessed, the money, or a part thereof, charged and collect-
ed for the privilege of attaching such cross sewers.
Sec. 7. Provided, That any such city which has heretofore
adopted a system of sewerage by which the cost of construc-
tion has been paid out of the general revenue, shall not be
permitted to abandon such system, anything in this law to
the contrary notwithstanding.
CHAPTER 107, ACTS OF 1876, EMPOWERING CITIES
TO LEVY A SPECIAL TAX FOR SEWERAGE
PURPOSES.
1. Levy of two mills for a sewerage fnnd. I 3. Commissioners to assess damages,
2. May condemn private property, Construction of sewers.
Section i. That any city within this state may levy a tax
I
STATUTES CONCERNING CITIES. 239
of not more than two mills on the dollar in addition to the
maximum tax now authorized by law for the purpose of com-
mencing a general system of sewerage in such city, and the
money so raised shall constitute a sewerage fund, and shall be
applied to no other purpose.
Sec 2. That when, for the purpose of carrying off the wa-
ter of any stream which flows within or through the said city
it becomes expedient to cause a principal sewer to pass
through private property, the right to condemn such property
for this purpose is hereby conferred upon its council. And
the powers granted shall be the same in other respects as
those enjoyed by railway companies, by and under the pro-
visions of the Code. The proceedings to enforce their powers
shall also be the same, except that all damages shall be as-
sessed by a board of three commissioners. These shall be
appointed by the city council and may be changed at the pleas-
ure thereof. They must be free from all personal interests
in subjects brought before them for their adjudication, and
they may decide on any question of damages that may arise
in respect to any of the property that may be claimed to be
injured by the construction of said sewer.
Sec. 3. That instead of constructing such principal sewer
itself, the city may authorize its construction by any individ-
ual or company, and may agree to pay therefor out of the
sewerage fund. And the city council may also make all need-
ful rules and regulations in relation to any of the sewers in
their respective cities and may regulate the manner in which
any property holder may connect therewith and may also
prescribe all needful regulations pertaining thereto.
240
APPENDIX.
PLUMBERS.*
An Ordinance to provide for the licensing and regulation of
Plumbers.
1. Petition for license to be filed. Must
be signed by applicant and two others.
2. Bond to be filed, what it shall contain.
3. When bond is filed and approved license
to issue, for from one to five years. When
a new bond may be demanded.
4. Plumbers and pipe-fitters to make re-
turn in writing to the Water Company of all
connections, &c., made by them.
5. Not allowed to work without a license.
6. Must not turn on water without per-
mission.
7. Party violating liable to revocation of
license; how such revocation may work.
8. Penalty.
Be it ordained by the City Council of the City of Muscatine :
Section i. That any plumber or pipe fitter, wishing to do
business wath the Muscatine Water Works Company, or in
providing facilities for the use and consumption of water fur-
nished by said Company, shall before receiving license for
such business, file in the office of the mayor or recorder of
said City, a petition in writing, stating his name, place of busi-
ness, (and if a firm, the name of each member thereof), asking
to become a licensed plumber of the City of Muscatine, sub-
ject to such rules and regulations concerning his said business,
as the said City or said Water Works Company now have or
may hereafter lawfully adopt, and such petition must be signed
by the applicant or applicants, and also by at least two respon-
sible citizens of Muscatine, vouching for the skill and worthi-
ness of the applicant.
Sec. 2. Such applicant shall also file in the office of the
mayor or recorder of said City, a bond with two or more sure-
ties to be approved by the City Council, in the penal sum of
five hundred dollars, in favor of said City, conditioned
that the obligor will keep and save the City of Muscatine and
the Muscatine Water Works Company free, clear and harm-
less from all damage resulting from unskillfulness in his said
work and business, and that he will faithfully comply with and
obey the rules and regulations mentioned in the first section
hereof.
Sec. 3. Upon the filing of such petition and bond, and the
acceptance and approval thereof by the City Council, there
shall be granted to such applicant a license or permit to con-
duct said plumbing business as set forth in the first section
hereof, for a period of not less than one nor more than five
years from the date of such grant. And upon the death, in-
solvency, or removal from Muscatine county, of any surety
on such plumber's bond, or for any other proper and reason-
*This ordinance was
subsequent to the printing of the foregoing pages.
I
PLUMBERS. 241
able cause, in its discretion the City council may require a
new bond to be furnished within ten days.
Sec. 4. Every plumber or pipe-fitter shall within forty-eigJit .
hours after making any attachment to, or connection with,
the street mains or other pipes of the said Water Works Com-
pany, make full and complete returns in writing to said
company of all the uses for and to which water is to be applied
by, or through, such attachment or connection, giving in
every case full description of all the pipe, fixtures, apparatus
and arrangements for the use of the water.
Sec. 5. No person or persons shall lay any service pipe, or
do any plumbing work connected with the introduction and
supply of water from the works of said Muscatine Water Works
Company unless he is, or they are, regularly licensed as in
this ordinance provided.
Sec. 6. No plumber shall turn on the water from the street
mains into any pipe or connection therewith, except for the
purpose of testing his work, without notice to and written con-
sent from the Superintendent of said Water Works Company.
Sec. 7. In case of the violation of any of the provisions of
this ordinance, or of any of the rules and regulations men-
tioned in the first section hereof, by a licensed plumber or
pipe-fitter, the council, upon the proof of such offense, may
revoke the license of the party so offending, or suspend his
license for a limited time, and such revocation or suspension
shall operate to revoke or suspend the license held by any
co-partner or employe of such offender.
Sec. 8. Any person who shall do any act or thing prohib-
ited by this ordinance shall, in addition to the liabilities and
forfeitures herein before imposed, be subject and liable to a
fine of not less than one, or more than fifty dollars, with cost
of prosecution; such fine and cost to be enforced and collected
as by the charter and ordinances of said city is in such case
provided.
31
INDEX.
ACCOUNTS AND BOOKS. PAGE.
Recorder to keep, 40
How to be kept, . ..... 40
Officers may be examined at any time by
council, . . ...
Board of health to keep, ....
ACTION, CIVIL. {See Charter, Appendix?)
May be brought by city for violation of or-
dinance, ......
May be brought by fire companies, how, .
May be brought by city for special tax or
assessment, 157, 213
"May be brought for poll tax, . . . 164, 217
Plea of former recovery is no bar in action
on coupons, ......
City attorney to prosecute, and defend, .
ADJOURNMENT. {See Rules of Order),
ALDERMEN. {See Charter, City Council, Election,
Election Contests, Board of Health, Offi-
cers, Rules of Order.)
Two from each ward ..... 24
When and for what time elected . . 24, 52
To what offices ineligible .... 29
Must not be interested in any contract with
or work for city, .....
Duties of, . . . . . . .18, 19,
Salary,
Not to vote on any matter in which he is
interested, . . .
Tie vote, how decided, ....
Elected in new ward, provision for,
41
73
27
60
195
46
20
29
no
no
19
24
53
244 INDEX.
ALLEYS. {See Sti'eets and Alleys). PAGE.
Appendix, 187, 215, 222
AMENDMENT.
How made to charter, ..... 192
Of question before council, ... 20
Of ordinance, how made, .... 22
ANIMALS RUNNING AT LARGE. {See Charter.) 28
May be prohibited from running at large . 28
Certain animals running at large declared
nuisances, ...... 43
May be taken and impounded, . . . 43, 44
Marshal to notify owner of animal impound-
ed, when, ...... 44
When to be released 44
Must be sold if not released, ... 44
Notice of sale, how given, .... 43, 44
Proceeds of sale, what done with, . . . .44
Fees for taking up and selling, ... 44
Cruelty to, punished, . . . . . 98
APPEALS.
From decision of mayor to council, . . 19
From judgment of mayor, ... 25
From judgment of police judge, . . . 115
From assessment of damages for change of
grade, ...... 152, 215
APPROPRIATION OF MONEY.
Rule respecting, . . . . . . 21, 22
Must not be made to any institution under
sectarian or ecclesiastical control, . 195
ASSAULT.
Is a misdemeanor, . . . * , 95
ASSEMBLY.
Disturbances of, prohibited, ... 95
ASSESSMENT. {See Taxes, General and Special,
Appendix^
Charter provision, .... 28, 32, 33, 37
When to be returned to council and what it
must exhibit, 45
Equalization of, ..... 165
Property omitted from may be assessed, 33, 160, 166
Erroneous, how corrected, . . . -33. i57
To be returned by wards, .... 35
Of lands in new limits, .... 37
When to be certified to county auditor, 156, 218, 219
INDEX. 245
ASSESSOR. PAGE.
Charter provisions, . . . . . 32, 33
When and for what term elected, . . 44
Must take oath and give bond, ... 45
Must return assessment to council, when, 45
How to assess persons refusing to list their
property, 45
Must administer oath to each person as-
sessed ...... 45
Must return names of person subject to poll
tax, 45
Salary, 45
Office of, when considered vacant ... 53
For county purposes, .... 232
ATTORNEY, CITY.
How and for what term appointed, . . 46
Duties of and compensation, . . . 46,47
ASSIGNATION.
Houses of, prohibited, . . . . 95
AUCTION. {See Auctioneers).
AUCTIONEERS. {See Appendix).
Charter provisions, ..... 35, 36
Must take out license, .... 79
Can carry on business in but one place under
one license, ...... 79
Must have written permit to sell in street, 79
Goods of non-residents, transient merchants
&c., sold by, permit required for . . 80
Who regarded as non-residents and what
they must do to sell at auction, . . 80
When license of may be revoked, ... 81
AUDITOR, COUNTY. {See Appendix). . 156, 218, 219
Assessments and per centage of tax to be
certified to, . . . . . 156
Must place the same on tax book, . . 157
AWNINGS . {See Nuisances) .
How placed, . . .... 100
AYES AND NOES.
May be taken on request of two members of
the Council, ..... 19
BAGATELLE TABLE.
License required for, .... ^(i
BANKRUPT STORES. {See Appendix:) . 216
License required for, 88
246
INDEX.
BATHING IN THE RIVER.
Prohibited when, .....
BAWDY HOUSES.
Keepers, inmates and frequenters of, pun-
ished, .
BEASTS, WILD.
Must not be exhibited on public thorough-
fares, . . . . . .
BEER.
BELLS.
{See Wine and Beer.)
License required for sale of,
Must be used on sleighs and cutters.
To be keep ringing on locomotives.
Unnecessary ringing of prohibited,
BENZINE.
Keeping of regulated,
BENZOLE. {See Benzine.) ....
BILLIARD TABLE.
License required for, .....
BILLS.
Posting of when a misdemeanor,
BILLS AND CLAIMS.
Against city must be presented to Council by
a member, .....
May be referred, .....
Council to audit and may require proof of
How adjusted, .....
BOARD OF HEALTH. {See Health, Board of ).
BOATS. {See Wharfs and Wharfage). .
Charter provisions^ .....
BONDS, OFFICIAL. {See Charter).
What officers required to give,
To be filed with recorder, ....
To be filed with mayor, when, .
To be recorded,
BONDS, REDEMPTION. {See Appendix). .
Issued in redemption and renewal of railroad
• bonds, . ......
Payable in twenty-five years, .
Title of,
To whom to be issued, ....
Recorder to keep register of, . . .
Special tax to be levied to pay interest and
provide sinking fund, ....
Purchased by city must not be re-issued, .
PAGE.
95
98
90
81
96
96
95
64
64
85,89
95
39
21,39
39
40
70, 229
180
27
53
53
53
no
223, 224
131
131
132
132
132
132
132
INDEX. 247
BONDS, REDEMPTION, Continued. PAGE.
Mayor and recorder may designate place for
payment of interest, .... i-^~
Mayor may confess judgment, when, . . 133
BONFIRES. (See Misdemeanors?) .... 96
BORROWING MONEY. [See Charter?) . . 29
To subscribe for stock in M. & M. R. R Co, 120
BOUND/^RIES OF CITY. {See Charter?) . 23, 24
BOWLING ALLEY.
License required for, ..... 85
BRIDGES, COUNTY.
Within corporate limits city may help to
build, . . . . . . . 220
BRIDGE COMPANIES.
Council may make contract with for wagon
roads, ....... 221
BRIDGE TAX.
Levied in city when council may claim, . 220
BROTHELS. {See Bawdy Houses?) ... 98
BUILDING MATERIAL.
When may be deposited in street, . . loi
BULLS.
For service, how to be kept, ... 97
BUTCHERS.
Must not collect stale fat or grease, . . I02
CAB.
License required for, . . . . . 90
CAMPHENE.
Keeping of regulated, . . . . . 64
CARCASSES. {See Health, Nuisances).
CARRIAGE. {See Hack) 90
CARTAGE.
Charter provisions, 28
CARS.
Rate of speed regulated, . . . . 96
Throwing at, prohibited, . . . . 95, 96
CATTLE.
Except milch cows prohibited from running
at large, ....... 43
CELLARS. {See Nuisances).
Excavations for, on line of street, on upon
open ground, to have proper barriers, lOi
CEMETERY AND SEXTON.
Ordinance concerning, .... 48
248
INDEX.
CHANDLER. {See Nuisances).
Must have permit from council,
How business to be conducted, .
CHARTER
How amended, . . . . .
How abandoned,
CHEATING.
Punished,
CHIMNEYS. (See Fire Wardens:)
CHOLERA. {See Health, Board of :) .
CIRCJS.
License required for,
CITY COUNCIL.
Rules of order and business for, .
Special meetings, how called, .
Charter provisions of, .
CITIES AND TOWNS.
Must not appropriate money to ecclesiastical
or sectarian institutions,
Must not take stock in banks, railroads,
turnpikes, or plank roads.
Warrants of, officers not to speculate in, .
CLAIMS.
Council to audit, .....
How presented, .....
Warrants issued for, when allowed,
CLEANLINESS. {Charter Provision?)
See Board of Health, .....
COACHES. (See Hacks.)
COAL. {See Inspectors and Measurers^)
Weight of ton and of bushel,
COAL OIL. {See Appendix?, ....
How, and in what quantities kept.
Cannot keep more than five barrels in fire
limits, ......
Must not be stored outside of building more
than six hours, .....
When a greater quantity may be kept, .
Inspector of may be appointed by council,
when, .......
Fire test to be not less than 150*^ Fahren-
heit for illuminating purposes, .
Vessels containing to be branded by In-
spector,
Brand must state, what, . . . .
PAGE.
103
103
23,38
192
193
97
63
70
89
17, 22
17
26, 29
195
195
[14, 196
28
39
40
27
71
90
64
64
64
64
234
234
234. 235
234, 235
INDEX. ^^^^^V 249
COASTING. PAGE.
On streets prohibited, except ... 96
COLLECTOR. {See Accounts, Officers, Taxes, Ap- ~ -
pendix).
Charter provision 33. 34
County collector is, . . . . . 156
Duties of, 41, III
Compensation of, . . . . . . 112
Must notify persons to pay poll tax, . 16S
COMBUSTIBLES. {See Fire Limits). . . . 61,62
COMMISSIONS.
Of officers to be signed by mayor, . . 25
COMMISSIONERS. {See Appendix). ... 214
May be appointed to assess damages for
change of grade, ..... 150
COMMITTEES. {See Rules of Order). . . 21
CONCEALED WEAPONS.
Carrying of, prohibited, .... 98
CONCERT TROUPES.
License required for, ..... 90, 91
Gift, license required for, .... 88
CONTAGIOUS DISEASES.
Regulations to prevent introduction and
spread of, ..... . 70, 74
Physician to report cases of, ..... 74
CONTESTED ELECTIONS. {See Election Con-
tests) 54
CONTRACTS.
When member of council cannot be interest-
ed in, 29
Duty of mayor in respect to, . . . 109
COSTS.
When city liable for before police judge, . II7
In condemning private property, . . I43
CRUELTY.
To animals, punished, ..... 98
CUTTERS.
Must not be driven without bells, . . 96
DEBTS. {See Redemption Bonds.) - . . . . 131
Corporate, how paid, .... 202
DEED, {See Taxes Appendix.)
Of collector, when to be made, . . . 161,214
Form of, 161, 214
Effect of, 162, 214
32
250 INDEX.
DISEASES. PAGE.
Infectious or contagious, {See ] Board of
Health,) 71,229
DISORDERLY CONDUCT. {See Charter.) . 27
By hackmen, prohibited, .... 91
In house or on premises, prohibited, . 95
DISTURBANCE OF PEACE. {See Misdemeanors.) 95
DOGS. {See Charter.) 32
Must be registered, ..... 50
Taxes on, 50
Must wear collar with initials of owner's
name on, 50
May be taken up by marshal, . . . 50,51
When the mayor may prohibit their running
at large, ...... 51
Vicious or dangerous, penalty for keeping, 51
DOLLAR STORES. {See Appendix.) ... 216
License required for, ..... 88
DRAINS. {See Appendix.) 217
When to be provided for, stagnant water, 106
Must be provided for surface or other water, 106
City may provide, if owner or lessee fail, 107
DRAYMEN, TEAMSTERS AND EXPRESSMEN.
Must take out license, .... 83
Applications for, how made ... 84
Must give bonds, ... . . . 84
License not transferable, .... 84
One vehicle only to be run on one license, 84
Charges regulated, 84
Vehicles must bear same number as license, 85
DRAYMEN &c.
Licenses and permits may be granted for less
than a year, ...... 85
DRIVING IMMODERATELY.
Prohibited in city, 102
DRUNKENNESS. {See Charter.) .... 27
DRUNKEN PERSONS.
To be arrested, ...... 97
E/\RTH.
Not to be taken from or thrown on streets
and other public grounds, . . . 102
ELECTION.
Charter provisions, 24. 30, 31
Annual election to be held first Monday in
March, . 51
INDEX. 251
ELECTION, Continued. PAGE.
Officers to be elected, .... 52
Polling places and election officers to be se-
lected twelve days before election, . 52
Judge or clerk failing to attend, vacancy how
filled, 52
Mayor to issue proclamation, ... 52
How conducted, 52
Returns to be made to the Council in two
days, 52
What officers to give bond, .... 53
When offices will be declared vacant, . 53
Vacancies, how filled, ..... 53
In new ward, ...... 53
ELECTION CONTESTS.
Tie votes to be determined by lot, . . 54
Proceeding in arranging lot, ... 55
Who may contest election and proceeding
in relation thereto, . . . . 55, 56
ENGINEER, CITY.
When, and for what term appointed, . . 47
Duties, 47, 48
Compensation, 48
Work done for private citizens city not re-
sponsible, ...... 48
ENGINEER, CHIEF AND ASSISTANTS.
{See Fire Department^ . . . • 58, 59
ENGINE AND ENGINE HOUSES.
[See Fire Department^ .... 57
ESCAPE OF PRISONERS. {See Jail.) . . 77
EXCAVATIONS, {See Streets, Cellars, Nuisances:)
On line of street oron open ground, must be
protected by barriers, . . . loi
In streets, &c., consent of council required
for, 102
EXHIBITIONS, {See Charter) . ... 27
Must take out license, .... 90
EXPENDITURES.
Council must publish annually a particular
statement of receipts and expenditures, 28
EXPLOSIVE SUBSTANCES.
How to be kept, 62
EXPRESSMEN. {See Draymen, etc) ... 83
And teamsters defined, .... 84
FACTORIES. {See Nuisances) .... 102
25:
INDEX.
FEES.
Of marshal for taking- up animals,
Of marshal for taking up dogs,
Of recorder, .......
Of police judge, .....
In police judge's court, . . .
FERRY LANDING. (See Charter})
Defined,
Use regulated, .....
FIGHTING, OR CHALLENGING TO FIGHT.
Punished,
FILTH. [See Nuisances. Health, Board of ^
FINANCE. {See Recorder) . .
FINES.
May be remitted by mayor, when,
Police judge to report to council,
Imprisonment for failure to pay, .
Labor in jail on account of, . . .
Labor on streets and alleys in payment of,
FIRE.
False alarm of, punished,
FIRE ARMS AND FIRE CRACKERS.
Discharge of prohibited, .
FIREBALLS. {See Misdemeanors)
FIRE DEPARTMENT. {See Appendix) .
Consists of what,
Officers appointed by the council, .
Officers appointed by the companies, .
Hose companies consist of what
Duties and powers of officers.
Members may be expelled, when.
Apparatus not to be taken from house, ex
cept,
Members of exempt from poll tax. jury ser-
vice, and military duty in peace.
Apparatus not to be run on sidewalk, .
Apparatus not to be taken out of city except
FIRE COMPANIES. {See Charter.)
How organized, .....
May sue in name of foreman,.
Orders of certain officers to be obeyed at
fires,
Annual stipend given to, ...
Appendix, . .
94,
PAGE.
44
50
III
117
117
27
56
57
95
41
109
117, 226
116, 229
77. 196
149, 197
95, 202
96
96
200
58
58
58
58
59
59
59
59, 200
60
60
27
60
60
61
61
2CX>
INDEX.
253
FIRE LIMITS. (See Charter)
Boundaries of defined, ....
Prohibition in regard to buildings,
Penalties,
Lumber yards, when prohibited in,
Hay and straw, how to be kept in, .
Gunpowder and other explosive substances
how to be kept in, . . .
Coal oil, how to be kept in, .
FIRES.
Buildings may be destroyed by officers of
cities to stop progress of,
City to make compensation, when, .
FIRE WARDENS. {See Coal Oil)
One appointed from each ward,
Duties and powers of, ....
FLESH UNSOUND. {See Misdemeanors) .
FRAUDULENT SCHEMES, TRICKS, ETC
{See Misdemeanors)
GAMING. {See Charter) . . . ' .
GAMBLERS. {See Misdemeanors)
GAMES OF CHANCE, OR SKILL. {See Charter)
License required for, ....
Application for, how made, .
License may be assigned.
License may be revoked.
License to expire, when, .
GAS COMPANY.
Ordinance renewing franchise for
Conditions of renewal, .
GAS WORKS.
Must not be erected, where,
GIFT ENTERPRISE.
License required for, .....
GLUE FACTORY.
How to be kept,
GOODS EXPOSED FOR SALE. {See Nuisances)
GRADES. {See Charter)
When city liable for change of grade, . 34
PAGE.
61
61, 62
62
61
61
64,65
236
236
65
63
63,64
97
97
27
98
27
86
87
ten years,
^7
67, 68, 69
104
88
103
100
28,37
150, 214
Damages for change of, how ascertained, 150, 214, 215
Of streets as established by ordinance, . . 137
Of North Muscatine, 148
GREEN STREET.
Vacation of part of, . , . . . 155
254
INDEX.
GUNPOWDER. (See Charter^, ....
How and in what quantities kept,
GUTTERS, HOUSE.
Water from must not be discharged on side-
walk, .......
GUTTERS, STREETS. {See Nuisances:)
Owners of property to provide gutters.
How to be constructed, ....
To be made or relaid on the order of the
council, .......
May be made or relaid by council at ex-
pense of owner, ....
Street commissioner to superintend work on,
Must be kept clean and free from obstruction
by adjacent occupant, ....
HACKS.
License required for, ....
Permits to run may be granted, .
HACKMEN.
Regulations respecting, . . . .
HAY AND STRAW.
How to keep in fire limits, ....
HEALTH. {See Charter^)
HEALTH OFFICERS, {See Charter^,
HEALTH, BOARD OF. {See Appendix:)
Mayor and aldermen created, .
May appoint health inspectors,
Powers of the board, .....
Filth or other things likely to cause or pro-
mote disease to be removed on order
of board, ......
To keep an account of expenses, .
To have slaughter houses examined.
Persons suffering from infectious diseases,
power of board over, ....
Districts or houses infected to be placarded,
Rules of board to be obeyed.
Physicians to report cases of contagious dis-
ease, .......
HEALTH. \_See Manure?^
HEALTH, INSPECTOR.
{See Health, Board of, Nuisances:)
HOGS. {See Animals Running at Large:)
PAGE.
-27
62
102
135
135
136
136
136
90
91
91
61, 62
27
28
229
70
72,73
72, 73
71
73
73
73
73
73
74
74
43
INDEX.
HOG PENS. PAGE.
Where and how to be kept, . . . 103
HOOK AND LADDER COMPANY. - -
(See Fire Department^ . , . . 57
HORSES. (^See Animals Running at Large^ . 53
Must not be left unhitched or uncared for, lOi
Must not be driven immoderately, . . 102
Must not be allowed to get on sidewalk, . 102
Must not be tied to shade trees, . . . 166
Inhuman treatment of, punished, . . 98
HOSE.
Willful driving over, punished, . ... 60
Company. {See Fire Department^ . . 57
HOSPITALS. i^See Health, Board of >i ... 72, 75
When council may grant permits for, . 104
HYDRANTS. {See Water Works) . . . 173, 178
City to pay rent for, .... 175
Turning water on, when punishable, . . 175
Hitching horse to or injuring, prohibited, 179
ICE AND SNOW.
To be removed from sidewalk, when and by
whom, ...... 96
IMMORAL PLAYS. {See Misdemeanors:) . 95
IMPOUNDING.
See Animals [Running at Large.) . . 43
IMPRISONMENT. {See Appendix.)
INDECENT CONDUCT, BOOKS OR PICTURES.
{See Misdemeanors^) ..... 95
INFECTIOUS DISEASES. {See Health) . . 70
INSPECTOR AND MEASURER.
Duties of, ...... . 75
Compensation, ...... y^
INTOXICATING LIQUORS.
{Sse Chapter 27, Appendix) . . . . 228
INT0XICATP:D persons. {See Misdemeanors) 97
JACKS AND STALLIONS.
Keeping of, regulated, .... 97
JAIL. {See Appendix) 196, 229
Of county to be used as city prison, . . JJ
Yard to be city workhouse, .... yj
JENNY LIND TABLES.
{See Games of Chance and Skill) . . 85
JUDGES OF ELECTION. {See Election) . . 31
256 INDEX.
JUSTICE OF THE PEACE. page.
Mdiy or is ex officio, ..... 25
KEROSENE. {See Appendix, Coal Oils.) . . 234
Keeping of, regulated, .... 64
LAMPS. {See Gas.) 66
Lighting or extinguishing without authority,
punished, ...... 70
LAMP POSTS.
Penalty for injuring or destroying, . . 69
Must not climb on, hitch to, or pile things
against, ...... 70
LANDING. {See Charter, Ferry, Wharf and Wharf-
age.)
LEGERDEMAIN. {See Shows, &c.) ... 89
LICENSES. {See Charter, 2^, 2j, Appendix, 216.)
See Auctioneers, wine and beer, draymen,
teamsters and expressmen, games of
chance and skill, gift enterprise, circuses,
shows, &c., hacks, omnibuses, &c., ped-
dlers, sales in streets, plumblers, .
Fees for issuing, 94
LOCOMOTIVES.
Bell to be rung and unnecessary whistling
prohibited, 96
LOTS. {See Charier.) 27
On which water becomes stagnant may be
filled or drained 106
Surface water on, passage way must be pro-
vided for, ...... 106, 107
Flow of water must not be obstructed by
filling, &c., 107, 217
LUMBER. {See Inspector and Measurer^ . . 75
LUMBER YARDS. {See Fire Limits:) ... 62
MANURE.
How to kept and disposed of, . . . 74
MARSHAL. {^See Charter^)
See Accounts, animals running at large,
dogs, rules of order, kerosene, &c., board
ofhealth, manure, misdemeanors, nuis-
ances, stagnant waters, officers, police
judge, police, gutters, paving streets
and alleys, paying fines by labor on
streets, sidewalks, fire limits.
Appendix, ...... 209, 216
INDEX. -^^^^^K 257
MAYOR. (See C/iarUr.) PAGE.
See Rules of order, cemetery, dogs, elections,
election contests, health, board of, - _
licenses generally, misdemeanors, nuis-
ances, officers, police, renewal bonds,
working out fines on streets, sidewalks.
Appendix, .... 192, 194, 201, 209
MEASURES. (See Inspector and Measurer, Weights
and Measures, Weighers, City?)
MEAT TAINTED. {See Misdemeanors?) . . 97
MENAGERIES. {See Circuses, shows.) . . 89
MERCHANTS' TRANSIENT. {See Appendix.) . 216
Must take out license, .... 88
Merchants may use two and a half feet of
sidewalk for goods, .... 100
Must not expose goods so as to obstruct
passage or view on streets, . . lOO
MEETING OF CITIZENS. {See Charter.) . . 28
MEETINGS OF COUNCIL. {See Rules of Order.) 17
Must be public, 26
Special may be called, 17, 109
MISDEMEANORS.
Disturbing peace and quiet, ... 95
Fighting or challenging, .... 95
Disorderly conduct on priv^ate premises, . 95
False alarm of fire, 95
Keepers and inmates of bawdy houses, or
houses of assignation and persons resort-
ing thereto, 95
Indecent conduct, pictures, books or plays, 95
Bathing in the Mississippi river, ... 95
Posting bills on walls or fences, . . 95
Throwing stones, sticks or other hard sub-
stances, ....... 95, 96
Coasting on streets, 96
Sleighs or cutters driven without bells, . 96
Not cleaning snow or ice from sidewalk, . 96
Speed of cars regulated, .... 96
Unnecessary whistling of locomotive, . 96
Swindling and cheating by games, tricks, &c., 97
Keeping stallions, bulls or jacks so as to be
seen and their noises heard, ... 97
Keeping for sale meat and other edibles un-
fit for food, ...... 97
33
258 INDEX.
MISDEMEANORS, Continued. PAGE.
Intoxicated persons in public places or on
private premises, . . . . . 97
Vagrants defined, 97, 98
Prostitutes and pimps, ..... 98
Gamblers, tricksters and disorderly persons,
gypsies, fortune tellers and beggars, . 98
Cruelty to dumb animals, .... 98
Carrying concealed weapons, ... 98
Resisting or refusing to aid a police officer, 98
Interfering with mayor, .... 98
Penalty, 9^, 99
MISSISSIPPI RIVER. {See Charter^ ... 27
Filth or offal not to be thrown in above rail-
road depot, 179
Owners and lessees of lots and land may
erect piers, cribs, booms, &c., . . 231
Entitled to compensation for railroad right
of way between lots and river, . . 231
MISSISSIPPI & MISSOURI R. R. CO.
Right of way granted to, . . . . 121
Stock subscribed to, .... 120
MISSISSIPPI & MUSCATINE WESTERN R. R. CO.
Privileges granted to, . . . . . 128
MONEY, BORROWING OF. {See Charter.) . 29
MONEY.
Not to be appropriated to any ecclesiastical
or sectarian use, ..... 195
MUSCATINE WESTERN R. R. CO.
Privileges granted to, .... 124
MUSCATINE GAS AND COKE CO. {See Gas.) 66, 67
MULES. {See Animals Rzmnmg at Large.) . 43
Must not be left unhitched or uncared for, lOi
NAPTHA. {See Kerosene.) 64
NINEPINS. {See Games of Chance or Skili.) . 85
NINETY-NINE CENT STORE. {See Appendix.) . 216
License required for, .... 88
NORTH MUSCATINE,
Grades of, 148
NUISANCES. {See Charter:)
Signs extending over sidewalk, ... 99
Awnings regulated, ..... lOO
Two and a half feet of sidewalk, allowed for
goods, ....... 100
M
INDEX. 259
NUISANCES, Continued. PAGE.
Goods for sale may be suspended, how, . loo
Streets to be kept free from obstructions, . 1-G9-
Building material may be deposited in street
under permit of mayor, . . . 100, lOi
Excavations must have proper barriers, . lOi
Shavings, sweepings, rubbish, &c., not to be
deposited in street, .... lOi
Carcasses, offal, waste matter, &c., not to be
left exposed, or in any street, sewer or
water course, 102
Horses, mules or jacks must be hitched or
the care of some one, .... lOI
Vehicles must not be stopped at'street cross-
ing or alley, lOI, 102
Vehicles must not stand in any public thor-
oughfare so a to incommode passage, . I02
Fast driving forbidden, .... 102
Horse must not be allowed to get on side-
walk, 102
Public ground not to be dug into, or any-
thing deposited thereon, . . . 102
Foul or poisonous liquor not to be dis-
charged from any establishment, . . 102
Stale or putrid fat or grease not to be col-
lected or used, ..... 102
Dead carcasses, excrement, filth must be
covered so as not to smell, . . 102
House gutters must not be discharged on
sidewalk, ....... 102
Waste water from well &c., not to be dis-
charged on sidewalk, .... 102
Privies and privy vaults, how to be con-
structed, 102, 103
Foul privies to be cleaned and purified, . 103
Hog pens, where and how to be kept, . . 103
Slaughter houses, soap factories, chandleries,
permit required for, .... 103
How such factories must be conducted, . 103
Hospital not to be established without per-
mission of council, 104
Gas, not to be manufactured where, . 104
Common law and statutory nuisances exclu-
ded in ordinance, ..... 104
Duty of officers to inquire into and abate, 104
26o ^ INDEX.
NUISANCES, Continued. page.
To be abated at the cost of the person cre-
ating or permitting, .... 104
When mayor shall inquire as to who shall
bear cost of abating nuisance, . . 105
Stagnant water, how disposed of, . . 106
Surface water must not be stopped by dam, 106, 107
..OATH. {See Charter.) ,31
Required to be taken by city officers, . . 53
To be administered by assessor, what to
contain, ...... 45
OFFICE.
May be declared vacant, when, ... 53
Vacancy in, filled by council, ... 29, 53
OFFICERS {See Charter.) 31
Elective, must be voter of city and resident
therein one year, .... 31
Who elected at annual election, ... 52
Term of service of, ..... 53
What required to give bonds, ... 53
Must qualify within what time, . . 53
Failing to so qualify, office declared vacant, 53
Assessor's duties, salary, .... 44, 45
Mayor, general duties and powers, salary, 108,110
Alderman, duties, salary, .... no
Recorder, duties, salary, .... Iio, HI
Collector, duties, compensation, . . 112
Treasurer, duties, salary, . . . .112,113
Street Commissioner, duties, salary, . 113
Police Judge, 114, II7
Police officers, duties of, . . . . I17, II9
OFFICIAL BOND. {See Bond.)
OMNIBUS. {See Hacks.) 90
ORDER OF BUSINESS.
Rules of, 17
ORDERS. {See Warrants.) 42
ORDINANCES. {See Charter.)
How amended, 22
Must be signed by mayor and attested by
recorder, ...... 29
Must be published ten days, ... 29
Must be recorded in a book for that purpose, 29
Proof of publication may be made, how, 29
Violation of may be punished by fine or im-
prisonment, 229
INDEX. 261
PAGE.
PAINTINGS, {See License,) 90
PAVING STREETS. {See Charter.) . . . -28^
Ordinance concerning, . . . 145
PEDDLERS.
Must take out license, ..... 92
Who are and who are not, ... 92
Retail and wholesale defined, ... 92
PENALTIES. {See Charter 27, Appendix 22g.) .
PERMITS.
Maybe issued by Mayor for hacks, omnibuses,
&c., when, ...... 91
For sales in streets, ..... 93
To wholesale peddlers, ..... 93
Goods of non-residents sold at auction, per-
mit required for, .... 80
Mayor may grant for placing building ma-
terial in streets, when, .... lOl
PETROLEUM. {See Appendix.) .... 234
PHYSICIANS.
To report infectious disease to Board of
Health, 74
PLATS OF TOWNS OR SUB-DIVISIONS.
{See Appendix.), . . . 203, 207, 208, 209
How vacated, ...... 207
Lots in must be free from incumbrance, . 208
Treasurer's certificate, what it must contain, 208
County Recorder's certificate, what it must
contain, 2o8
PLANK ROADS.
City cannot take stock in, ... 195
PLUMBERS.
Doing work on water works must have
license, 240
Must give bonds, 240
Must return to water works company con-
nections, &c., made by them, . . 241
POLICE.
Of what it shall consist, .... 117,118
Jurisdiction, 118, 119
Duties of, 118
May arrest without warrant, when, . . 118,119
May call for aid, 118
Misconduct of, punished, .... 119
Resisting or refusing to assist, ... 98
262
INDEX.
POLICE JUDGE. (See Appendix.) .
Ordinance prescribing duties of and regulat-
ing procedure before, ....
May sentence prisoners to work out fines on
streets and in jail,
When elected, .....
Term of office, .....
To give bond,
Code provision, .....
POLLS. [See Elections?) .....
POLL TAX. {See Appendix.)
Amount of,
Who subject to, ....
May be paid by labor on streets.
Street Commissioner to give notice of.
Unpaid to be certified to county auditor.
To be part of road fund.
Collector to notify delinquents.
May be collected by civil action,
Firemen exempt from, ....
POSTING BILLS.
When punishable, . . . . .
PRESIDENT pro tern.
Council may appoint, ....
Powers of, ...... .
PRIVY VAULTS.
How to be constructed, ....
That are foul, must be cleansed,.
PRISONERS. {See Appendix.) . . . .
May be required to work in work house.
May be required to work on streets,
PROSTITUTES. {See Bawdy Houses.) .
PUBLICLY APPEARING IN DRESS OF OTHER
SEX. {See Misdemeanors .) ....
PUBLIC GROUND.
What must not be thrown on,
Must not be dug into, or anything pertaining
thereto taken from, ....
PUBLIC PEACE. {See Misdemeanors.) .
QUALIFICATIONS. {See Elections, Officers, As-
sessor.)
QUORUM. {See Rules of Business?) .
PAGE.
225
114
149
52
53
53
210
51
217, 221
163
163
163
163, 164
164
164
164
164
59, 200
95
26
26
102, 103
103
196
77
149. 197
95
95
1 01
102
94
17
INDEX. ^^^^IV 263
RAILROADS. page.
Grant to Mississippi & Missouri R. R. Co., . 121
Grant to Muscatine Western R. R. Co., . -424
Grant to Mississippi & Muscatine Western
R. R. Co., 128
Cities cannot take stock in, . . . 195
Contracts made with by cities, how enforced, 232
Crossings, city may establish grade of, . 210
Raising or lowering highway, duty of, . . 211
Remedy if city council believe crossing
made by, unsafe, . . . . 211
Cars must not run faster than six miles an
hour.
Bell to be rung and unnecessary whistling
forbidden, ...... 96
REAL ESTATE.
Taxes are a lien on, ..... 33, 157
RECORDER. {See Charter)
See accounts and books, dogs, elections,
election contests, licenses, officers, re-
demption bonds, weights and measures.
Appendix, 201,209,235
REDEMPTION.
From tax sales, when and how made, . 161, 213
REGISTER OF BOATS.
How appointed, ...... 133
Duties of, 133, 134
REGISTRY.
Of dogs required, 50
Of voters, ....... 209
REPORTS OF COMMITTEES.
When to be made, ..... 21
REPORTS OF OFFICERS.
• {See Accounts and Books, Officers)
RESIGNATION. {See Charter.) .... 29
Failure of officer to qualify, deemed a . . 52
RIOTS. {See Charter) 26
RIPARIAN OWNERS. {See Mississippi River) . 231
ROADS.
Cities may aid in the construction and repair
of, leading to them, .... 227
County within incorporated limits to conform
to direction and grade, . . . 238
ROAD DISTRICT. {See Charter) .... 36
264
INDEX.
ROAD TAX. (See C/iarter.) ....
Must not exceed five mills,
Lands not subject to general city taxes, tax
may be limited to four mills,
ROCKETS. (See Misdememtors.)
RULES.
Council has power to adopt,
Of order and business, ....
May be suspended, when, ....
May be changed, when, ....
SALARIES. (See Assessor, Officers^,
SALES IN STREETS.
License required for, . . . . .
SCALES IN STREETS. (See City Weigher?) .
Rent required for,
SEAL OF CITY.
(See Charter, Warrants, Officers.)
SEALER OF WEIGHTS AND MEASURES.
(See Weights and Measures^
SEWERS. (See Appendix.) ....
Offal, &c., not to be thrown in, .
Districts may be established for construction
of,
Taxes may be levied for,
SEXTON. (See Cemetery and Sexton,) .
Council to appoint, ....
Depth of grave dug by, ....
Charge for digging gr ive.
Must keep register of burials and report the
same,
Duties in taking care of cemetery.
When to bury in public burying ground, .
SHADE TREES. (See Trees.)
SHAVINGS. (See Nuisances.) ....
SHOWS. (See Charter.) . . , . .
License required for, .....
SIDEWALKS. (See Nuisances, Misdemeanors.)
Signs, how far may extend over.
Awning, how far may extend over.
Privileges to merchants, on . . .
Filth, &c., not to be thrown on, .
Beasts of burden must not stand on,
Water from house gutters or wells, &c.
must not be discharged on, .
PAGE.
36
216
216
96
26
17
22
22
93
170
134
168
186
lOI
237
238
48
48
49
49
49
49
49
166
lOI
27
90
99
100
100
10 1
102
102
INDEX.
265
SIDEWALKS, Continued.
Snow and ice to be removed from, .
Divided into permanent and temporary,
Permanent, how to be constructed, .
Cost of may be levied as a special tax on
abutting property, ....
Width of temporary,
Marshal to collect cost of making,
{See Appendix.) .....
SHIP FEVER. {See Board of Health.) .
SLAUGHTER HOUSES.
Board of Health to examine,
Permits must be obtained for, .
How to be kept, ......
Permits may be revoked, ....
SLEIGHS, SLEDS. {See Bells, Coasting.)
SNOW AND ICE.
Must be removed from sidewalks within what
time ......
Who must remove, ....
SOAP FACTORY.
Permit required for, ....
How to be kept, .....
Permit may be revoked, .
SPECIAL TAXES. {See Taxes.) .
SQUlBSi {See Misdemeanors.)
STAGE. {See Hacks.)
STAGNANT WATER. {See Charter.)
Lots or ground having, must be drained
filled,
City may abate at owner's expense, .
STALLIONS.
For service, how to be kept,
STATUARY. {See Licemes.)
STEAMBOATS. {See Charter 27, Ferry Landing
5<5, Wharfs and Wharfage, 180.)
STICKS, STONES OR SNOW BALLS.
Not to be thrown,
STOVE PIPES. {See Fire Wardens) .
STRAW. {See Fire Limits) 61,62
STREETS AND ALLEYS.
Charter provisions . . . 28, 34, 35, 36, 37
or
PAGE.
96
182, 183
183
183
185
187
70
73
103
103
103, 104
96
96
96
103
103
104
156
96
90
27
106
106
97
90
[03,
95.
96
63
34
266 INDEX.
STREETS AND ALLEYS, Continued. page .
May be opened, extended, widened or
changed, .... 28, 37, 14I, 188
Procedure in, ...... 141, 190
May be vacated, ..... 37, 204
May be paved, 28, 145, 187
Cost of paving, by whom borne, . 28, 145, 187
Grades of may be estabHshed or changed,
28, 150, 187, 214
Damages for change of grade, how ascer-
tained, 34, 150, 187, 214
Grades as established by ordinance, . . 137
Grades of North Muscatine, .... 148
Certain vacated, ...... 153, 154
Certain grounds declared a public street, . 152
Must not be encumbered with lumber, wood,
boxes, &c., ...... 100
May be used for deposit of building materi-
al, when, 100, lOi
Excavations on line of, barriers required for, lOO
Sweepings, shavings, straw, ashes, rubbish
&c., not to be thrown in, . . . loi
Putrid matter not to be thrown or left in, lOI
Vehicles must not stop so as to interrupt
passage in, lOI
Digging into or taking anything from, . 140
Excavations not to be made except by per-
mission of council, .... 140
Duty of persons making such excavations . I40
Work on may be done by prisoners, when, 149, 197
Improvements on made only by order of
council, ...... no
Mayor must present estimate of expendi-
tures required for, ..... II3
STREET COMMISSIONER. (5^^ «^r^^r.) . . 28
Must keep streets, &c., in proper repair, . 113
When to confer with committee on streets, 113
Must report to council, when, . . . 113
Report to show what, . . . .113, 164
Estimate of mayor, for work on roads, to be
a limit on, 113, 114
Gutters, work on, must be under supervision
of, 136
Persons liable to labor on streets to report to, 163
Notice to persons subject to poll tax, . . 163, 164
i
INDEX. 267
PAGE.
STREET LAMPS, {See Lamps and Posts) . 69
SURVEYOR. (See Charter) . . . . . 28
SURFACE WATER. {See Appendix?) . . 217
Drains must be provided for, . . . 106
If owner or lessee of ground fail to make such
drain city may, 107
SWIMMING. {See Bathing) 95
SWINDLING. {See Misdemeanors) ... 97
TALLOW CHANDLER.
Must not collect stale fat or grease, . . 102
Chandlery. [See Slaughter Houses) . 103, 104
TAXES. {See Charter)
Collected by county collector, . . . 156
General, what are, 156
Special, what are, ...... 156
General and special to be certified to county
auditor, 156, 157
Auditor place same on tax books of county, 156, 157
Are delinquent when, .... 157
Thirty days' notice of levy to be given by
collector, 157
Are due and payable, when, . . . 157
Real estate may be sold for, . . . . 159
Duty of collector, . . . . . 159,160
Land sold for, may be redeemed, . . . 160
Mode of redemption, ..... 160, 161
Redemption in case of minor or lunatic, . 161
When purchaser entitled to deed, . . 161
Effect of deed 162
Personal property may be distrained and
sold for, 162
TAXES, POLL. {See Poll Tax) .... 163
TAX, ROAD. {See Road Tax) .... 216
TAX. {See Dogs) 50
TAX, WATER. {See Water District) . . 171
TEAMSTERS. {See Draymen) .... 83
TEN PIN ALLEY. {See Games of Chance) . 85
THEATRES.
License required for, 90
TIE IN ELECTION. {See Election Contests) . 54
TICKETS OF CHANCE. {See Gift Enterprises) 88
268 INDEX.
TIMBER. PAGE.
To be measured when, ..... j^
TORPEDOES. {See Misdemeanors.) ... 96
TRANSIENT MERCHANTS. {See License:) . 88, 216
TREASURER. {See Charter, Accotints and Books,
Animals at Large, Elections, Officers ^
TREES.
Animals not to be hitched to, or to boxing, i66
Injury to, or to boxing punished, . . 166
Shade or ornamental not to be disturbed, . 167
TURNPIKE. {See Plank Road) .... 195
VACANCY. {See Charter) 29
In office, how filled, ..... 53
VACANT.
When council may declare office to be, , 53
VACATION. {See Streets, Plats.)
VAGRANTS.
Who are, 97, 98
VAULTS. {See Privies.) ,,.,.. 102, 103
VICIOUS DOGS, {See Dogs.) , . , . 51
VOTERS. {See Charter.) 31
Registry of, ...... 209
VOTES.
Abstract of to be recorded, . . , « 3i» 53
WAGONS.
Not to impede passage on streets, or to or
from an alley iot, 102
WARDS. [See Charter.) 23, 24
Boundaries of, ..... . 167
New ones created, to elect aldermen, . . 53
WARDENS. {See Fire Wardens.) ... 63
WARRANTS, CITY. {See Accounts, Books.) . .41,42.
Treasurer, .......' 112
WATER. {See Stagnant Water, Surface Water.)
WATER DISTRICT. {See Appendix) . . . 189
Boundaries of, . . . ... . 171, 172
Subject to water tax 171, 172
WATER WORKS COMPANY. {See Appendix.) 188, 189
Franchise granted to for twenty-five years, . 173, 174-
Privileges granted to . . . . . I74
Duties of, 174, 175
Rental for hydrants, ..... I7c;
INDEX.
269
WATER WORKS COMPANY, Continued.
Unlawful turning water on hydrants, .
Duty of consumer, ....
May condemn private property, .
Grant for pumping works, and reservoir
City reserves right to buy, .
Must attach service pipes, .
Penalty for waste of water, .
Hitching animal to hydrant or otherwise in
juring it, . . . . .
Reservoir, nothing to be thrown into, .
Offal or filthy matter not to be thrown in
river above railroad depot, .
(See Appendix.)
WATER POWER IMPROVEMENTS.
(See Appendix?) ....
WAX FIGURES. (See Licenses) . . . .
WEIGHERS, CITY.
Council shall appoint two or more,
Duties of, . . . , , .
Giving false certificates, ....
WEIGHMASTER. (See Appendix?)
WEIGHTS AND MEASURES. (See Appendix.)
City to procure approved standards of.
Inspector of to be appointed.
Duties of inspector, . , . , ,
Pen ilty for using false, . . . .
Complaints made to inspector,
WELLS.
Waste water from not to be discharged on
sidewalk, ......
WHARF AND WHARFAGE. (See Charter?) .
Wharf defined and use declared, .
Wharfage fee, ......
Refusing to pay wharfage, penalty.
Wharf or fish boats not permitted at wharf,
except, .......
Landing to be kept free from obstruction,
Earth, stone, &c., not to be taken from, .
WHARFMASTER. (See Charter?) . . . .
Must take oath
Duties of,
Must give bond, .....
PAGE.
175, 176
176
176
176, 177
177, 178
178
179
179
179
179
188, 189
210
90
170
171
171
199, 200
198, 199
168
168
168, 169
169
170
103
27
180
180
181
181
181
102
24
31
43, 181
181
tS t
270
INDEX.
WHISTLING.
Of locomotives, unnecessary prohibited, .
WINE AND BEER. {See Appendix.) .
License required for sale of, .
Application to be made to city council,
What applicant must do, ....
Licenses to sell, how issued and what to
contain,
Places for sale of, when to be closed,
Licenses may be revoked,
Person holding permit from conuty, .
WOOD. {See Inspector and Measurer^
Must be measured if purchaser require, .
WOODEN BUILDINGS. {See Fire Limits) .
WORK HOUSE. {See Jail) ....
WORKSHOPS.
Must not occasion annoyance,
PAGE.
96
228
81
81
81, 82
82
82,83
83
83
75
7^
61
71
102
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