Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1851-02-13

A
SEC. l.--Bc it enacted by the General assembly Of
the State of Ioca, That the boundaries OF the city
of Burlington shall hereafter lie as follows: COM
mencug in the middle Of the channel OF the Mis-
sissippi river at point eighty rods due south OF
the line dividing sections four ana nihe .owhshp
sixty-nine, north of range two west, thehee west
and parallel with the line dividing sara sectiohs 10
the west line Of section eight OF same township,
thence north along the west line OF sections eight
and five Of said township, and along the west line
of section thrt two Of township seventy north or
range west, for the distance OF TWO ana quar-
ter miles from the south west corner oil SAID boun
dary thence east with the north line OF SAM sec
ton thirtytwo, to the middle Of the channel OF the
| Mississippi river, thence down the middle or the
main channel of said river to the place Oh beg'h-
| ming.
| SEC. 2.--The City Council shall have no power,
| without the consent Of the owners OF two-th'rds
| OF the property through which the right OF way
NAV be asked, to lay out through the tract OF land
thus brought within the city limits, any streets or
| alleys which have not been previously lard out
Nor shall any land, not laid out into town lots or
ont lots be taxed otherwise than by the ncre, and
according to its value for agricultural or horticul-
| tural purposes, except that all lmproVeme nts
thereon may be taxed = their full value.
| SEC. 3.-That in making annual assessments OF
real estate in said city for the purpose OF collecting
revenue, the City Recorder shall DO and is hereby
appointed er-oFcio assessor of real estate for SAID
citv and it shall be and is hereby made his duty TO
| have said assessment completed on or before the
| first Monday in June Of each year hereafter. In
| making said annual assessment, the said assessor
and recorder shall take and subscribe an oath be-
fore Justice of the Peace that he will faithfully
and impartialy assess all taxable property IN the
ctv and that he will not fix greater value on any
| property than Its actual worth In cash. Ana ne
shall give such bond for the perfor OF his du
ties as the City Council may deem necessary; and
copy of such bond and affidavit shall be preserved
by the Mayor.
;.1 pod niSyp nd ~
have mower. in addition to the amount or taxes
heretofore authorized to levy rood taxes not ex-
ceeding the amount allowed to be levied by the
County Court, and they may provide for the colec-
ton OF such taxes, either in similar manner to
that purs in relation to county road taxes, or In
the manner in which other city taxes are collected
they may also provide for the manner IN whlch all
such taxes shall be expended on the streets OF SAID
| city and the avenues leading to the country; ana
all persons or property rightfully taxed within said
city, in accordance with the provision OF this sec
ton, are to that extent exempted from all road
taxes due to the county.
! SEC. 5-The county supervisor OF roads Is not
required to expend labor upon or exercise super
| vision over the roads streets In SAID CITY, out
the duties and responsibilities imposed upon such
supervisors generally shall, as to the roads ana
streets within the city limits, devo1Ve upon the
City Council, OF upon such officer or oncefs as
they may authorize TO take charge of such work.
SEC. s. That the City Council shall have pow
er, whenever they deem it eApedlent and for the
|
of levying and collecting an additional tax to that
| already authorized for defraylng the current eN-
penses Of the city, provided the adduonal tax mus
authorized shall not be levied for longer time
than one year and shall not in any one year ex-
coed twelve and half cents on each one hundred
dollars worth of property taxed; and II majority
of the legal voters shall at any election, al winch
: such question is submitted, have voted an add
tonal tax such tax shall be collected as heretofore
, | provided for the collection of city revenue.
SEC. THE regular election for Mayor and 9TH
er city officers shall be held on the first Monday IN
March in the year 1851, and on the first Monday In
! February in each subsequent year.
SEC. s.-The additional territory which the city
of Burlins acquires by this act, shall not IN any
manner, be SUBJECT to any levy oftaxes by the City
Council except for road purposes, until alter the
| first day OF February, A. ID. 1854.
SIC e.-Each member of the City Council OF
said city shall receive a compensation to be fixed
by ordinance for his servicesto be paid out OF the
city Treasury. such compensation shall not ex-
! coed one dollar per day, nor shall any one member
Of said Council receive a compensation to exceed
fifty dollars in any one year.
| SEC lo-Ihat the City Council is hereby
thorzed to cause the channel, or any part thereof
ofthe creek running from the west boundary line
| of said ci,y 10 the Mississippi river ,usuay known
as Hawk Eye creek, to be charged from its natural
channel and to he atel and made to run In such
channel, said City Council may aeen iof the oest
interest Of said city.
SEC 11.-That il said channel. or any part there
of, is changed from the natural channel, and shall
be caused to over the private property OF lndi
| yiduals without their consent. said city shall be
| rrsnonsilIe for all damages sustained by such
change. follows after any change from the nat
ural channel shall have been adopted by the City
Council. Office thereof shall be given to all persons
over whose property the new channel may run, and
| within twenty DAYS from the service OF such no.
,iCe they may object to such change, and put in
their claim for damages, stating the amount. and
describing the property injured to be filed with the
City Recorder.
SIC l2-That when any claim for damages
shall be filed as aforesaid, the CITY Council shall
cause a copy thereof 70 be filed with some Justice
of the Peace. or some person authorized TO act as
such and day of trial shall be fixed by such Jus
tce, and notice thereof given to such claimant or
| claimants. Such Justice shall cause to be sum-
moned nine persons, qualified to act as ordinary Ju-
rors between the parties, ana VINO are not Inter
ested in a similar question.
; SEC. I3.--At the time appointed, the parties,
commencing with the Council or any member there
Of shall in turn proceed 10 strike on one Juror
each until only three remain.
Src I4-The three Jurors so selected must then
proceed to examine the premises claimed to be in
, iured. and shall hear evidence offered by either
party.
their verdict to said Justice, and such Justice shall
thereuron enter a judgment Of condemnation, and
upon payment by the city OF the damages, so asses
sed by the Jury to said Justice FOR the use OF such
claimant or claimants the channel located by the
CITY Council shall be established, and no further
, damages shall be claimed.
SEC. l6.-The Council shall have power to grade
any of the streets, roads and alleys of said city
which have not already been graded, Of which the
city survey or shall keepa true and accurate record
and to regrade the same whenever they deem 1t ex-
pediert.
SEC. l7.-Whenever any owner OF property feels
apgrieved by such regarding, the damages shall be
assessed and paid in the manner pointed out in this
act, in sections II, 10, ID, IA and 10.
. SEC. 1s.--This act shall take effect and be in
: force from and after its publication in the lo,cG
State Gazette and Burlington HGirk-Eye, the expense
of said publication however to be paid by said city
:, of Burlington. GEO. TEMPLE.
Speaker of the House of Representatives.
ENOS LOWE.
President Of the Senate.
Approved, Feb. 4th, 1851,
= S. HEMPSTEAD.
v SECRETARY's OFFICE, Iowa CITY,
Iowa, Feb. 8th, 1861. {
thereby certify, that have compared the forego
ing copy OF 'sact TO amend the Charter of the city
;, of Burlington with the original Rolls file ii
r this Office, and find the same t. be true and
copy of said act. GEO. w. McCLEARY.
secretary Of State,
. cy which forces US to depend upon distant Bank
: for our circulation is fruitful source OF annoyance
. , and loss to citizens. And the facility will