administer.

cil. The oath of office may be administered by the Mayor Who may or Recorder, when he is qualified; and in the transaction of the business of the corporation, those officers, and the president for the time being, may administer oaths, which shall have the same effect as if administered by other officers authorized thereto.

SEC. 22. The Recorder, Marshal and Assessor shall re-Fees. ceive such fees as the City Council deem right, not exceeding the amount allowed county or township officers for such services.

Council.

SEC. 23. The Council may hold its meetings as it sees fit, Meeting of having fixed stated times, or provide the manner of calling them by ordinance; and its meetings shall be public.

SEC. 24. The Council may appoint in such manner as it Council may determines, and during its pleasure, Street Commissioners, tain officers. a Clerk of the Market, City Surveyor, Health Officers, and such other officers as it deem advisable, and may prescribe their duties, powers, and qualifications, and may prescribe for the election of any such officers by the citizens.

SEC. 25. When a vacancy occurs in any of the elective Vacancy. city officers, the Council may fill the vacancy by appointment of record until the next election, and the qualification

of the successor.

Fines.

SEC. 26. The City Council is invested with authority to Ordinances. make ordinances to secure the inhabitants against fire, against violations of the law and the public peace; to suppress riots, gambling and drunkenness, or indecent or disorderly conduct, to punish lewd behavior in public places, and generally to provide for the safety and prosperity and good order of the city, and the health, morals, comfort and convenience of the inhabitants, and 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 criminal. proceedings before a justice of the peace, and the laws of the State relating to carrying into effect a judgment of a justice of the peace imposing a fine, shall be applied to judgments in the above cases, but the charge thereof must be borne by the city.

Fire companies.

Wharf.

Powder.

License.

Shows, &c.

Gaming tables.

SEC. 27. The Council is authorized to establish and organize fire companies, and to provide them with fire engines and other apparatus; and it has the control of the landing on the Desmoines River, and may regulate the landing, wharfage, and dockage of all water crafts, goods, lumber, and other things landed or taken from the same.

SEC. 28. The Council may regulate the keeping and sale of gunpowder within the city.

SEC. 29. The Council have the exclusive authority to provide for the license, regulation and prohibition of all exhibitions, shows and theatrical performances; billiard tables, ball and ten pin alleys, and places where games of skill or chance are played; but the above authority extends to no exhibition of a purely literary or scientific character— Exceptions. when the laws of the State permit or refuse licenses for the sale of intoxicating liquors, that matter shall be within the exclusive authority of said Council, and it may at all times prohibit the retail of such liquors, unless such prohibiting would be inconsistent with the laws of the State, at the time existing; and the said Council is authorized to revoke or suspend any of the above licenses, when it deems that the good order and welfare of the city require it.

Liquors.

Health.

Drains.

Drayage, &c.

Moneys.

SEC. 30. The Council may make all necessary ordinances in relation to the cleanliness and health of the city; and may require the owners of lots, on which water becomes stagnant, to drain or fill up the same; and in default thereof, after reasonable notice, may cause the same to be done at the expense of the city, and assess the costs thereof on the specific lots and cause them to be sold by the Collector of the City, as in the case of taxes; and the owner may redeem from such sale as in case of a sale for tax.

SEC. 31. It may regulate the system of cartage and drayage within the city, and may issue license therefor; and may prohibit hogs from running at large within the city, and may prhibit other animals from running at large from the first day of November to the first day of April.

SEC. 32. The Council shall provide by ordinance for the keeping of the public moneys of the city, and the manner of disbursing the same, and shall audit all claims against

the city, and all officers of the city are accountable to the Council in such manner as it directs. It shall publish annually a particular statement of the receipts and expenditures of the city and of all debts owing to and from the

same.

Publish.

Sec. 33. The City Council shall have power to vacate Streets and alleys. streets and alleys, and re-locate the same, and extend the same to the corporation line; but whenever the exercise of this power shall in any way injure the property of any person, the corporation of said city shall be liable to the person so injured, in such sum as may be adjudged proper, by three disinterested persons, to be selected by the Marshal of said city.

SEC. 34. Imprisonment for the violation of any ordi- Imprisonment. nance shall not exceed fifteen days, and the county jail shall be the place of imprisonment, but at the expense of the city.

Limit.

SEC. 35. The City Council is authorized to levy and Taxes. collect taxes, not exceeding one-half of one per cent. on all property within the city, which is liable for State and county taxes, including improvements on such property; and it may exempt such improvements, when it is so determined Exempt improvements by a vote of a majority of all the voters of the city; but by vote. when such an exemption takes place, the rate of tax on personal property shall not exceed that above named, and the rate on realty shall not exceed one and one-half of one per cent. on the valuation; the Council may also levy a tax on dogs, or may prohibit their running at large in the city; Dogs. Provided, that the tax thus levied and collected, when improvements are included, shall not exceed one-fourth of one tax. per cent., and when improvements are exempt as above named, one-fourth of one per cent. on personal property, and one per cent. on real property, until otherwise determined. by the qualified electors of the city, at an annual election or a special election, held for that purpose.

Limitation of

SEC. 36. The Marshal, or in case of his absence or disa- Collector. bility, such person as the Council may appoint in his stead, shall be the Collector of taxes, and before proceeding to collect the same, shall give thirty days' notice of the assessment and levy of the tax, and the rate therof, in general

Appeal.

Destrain.

Sell.

Lien.

Sale.

Notice of sale.

Purchaser.

Deed.

Powers of
Council.
Pavements.

Road tax.

terms, without the names or description of property, in a newspaper printed in the city, if there be one, and if not, then by three months' notice in the most public places in each ward.

SEC. 37. During the thirty days, any person aggrieved by this assessment or taxation, may appear before the Council, which may correct the same if found erroneous.

SEC. 38. The marshal may destrain upon personal property liable to taxation, and sell the same for payment, if not paid in reasonable time after demanded, as constables may sell personal property on execution.

SEC. 39. Taxes on real property shall be a lien thereon, and it may be sold therefor, when the taxes remain unpaid for six months after posting the notice of the tax.

SEC. 40. Such sale must be at auction, and there must be thirty days' notice prior to the sale given as above provided for, notifying the assessment and tax. In such sale, he who bids to pay the amount due for the least quantity of land will be the highest bidder; and the manner of ascertaining the portion bid for, shall be as in the State revenue law.

SEC. 41. The marshal 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 treasurer of the county in like circumstances on sales for county and state taxes.

SEC. 42. The Council have the control of the streets and alleys and public grounds of Ottumwa City, and may cause sidewalks to be paved in the same, and to this end, it may require the owners of lots to pave or repair the same, contiguous to their respective lots, and in case of neglect after reasonable time named in the order, the same may be done by the city, and the expense of the same assessed on the contiguous lots, which shall have the effect of a tax levied thereon, and the same may be sold therefor as for a tax, subject to the same right of redemption. All road tax which may hereafter be paid upon any property in Ottumwa City, in lieu of labor, shall be paid to the proper authorities of said city, for the improvement of the streets thereof;

roads.

any person being a resident of said city, subject by the Working laws of this State to do work upon roads and highways, shall be required to do and perform, or cause the same to be done, under the direction of the proper authorities, upon the streets of said city, or public roads and highways leading thereto, as said authorities may direct. The City Coun-Supervisors. cil shall supercede the road supervisor in all jurisdiction within the corporate limits, and perform all of their duties. Schools. SEC. 43. The City Council is hereby invested with full control and authority over the common schools in said city, and shall receive and disburse all the school tax levied upon property within said city, or receive from the school fund for distribution therein, within the limits of said city.

SEC. 44. The Council are authorized to borrow money Borrow mon for any object in its discretion, if at a regular notified meet-ey ing, under notice stating distinctly the nature and object of the loan, and the amount thereof, as nearly as practicable, the voters of the city determine in favor of the loan by a majority vote of two-thirds of the votes given at the election, and said loan can in no case be diverted from the speci

fied object..

mitted to a vote of the

SEC. 45. On the passage of this act the trustees of the Charter subtown of Ottumwa, shall cause a vote to be taken on the acceptance of this charter, in the manner in which township town. elections are now called and holden; in which, the vote shall be "for the charter," or "against the charter, and shall be by ballot, and at the same time and place, and by said trustees, an election shall be held for the election of a May-Election of or and nine Aldermen, three Aldermen from each ward; officers. also, for a Recorder, Treasurer, Marshal and Assessor; if said vote result in favor of said charter, the result shall be so declared and entered of record, and thenceforth the same

is accepted. The foregoing election shall be held at the Court house. court house, in Ottumwa, on the first Monday of September, A. D., 1856, shall be opened between the hours of nine and ten o'clock, A. M., and kept open until 4 o'clock, P.

M., of said day.

SEC. 46. This act to take effect from and after its pas-Take effect. sage.

APPROVED,, July 15, 1856..