Daily Iowa State Democrat. [volume] (Davenport, Iowa) 1856-1859, 1857-01-31

mayor or OF bic abseoce from she oify Sor
lees period than Two MOT the, said City
Council may slsos ons Of the alderoso
mayor pro TEN w shsll posssss all The
.ushorisy and perform eli the duties Of
the ofios Of mayor during such siokosss
or temporary sbssoos Of The nsyor.
Sec 4. From and aflsr the passage
Of this act it shall not be lswfal ios the
County authorities Of Scott County -
levy a road tai On any property or .
road poll tax on residents 10 said City
and the said City Council 10 hereby Gu
thorized to levy and oollecl the road tai
~ not more than three mills on the dol.
lar on oil property liable to road tax
within said City, the collection and pay
ment thereof into tho City treasury to
be regulated BY ordinance Of tho said
City Council.
SEQ. 5. The said City OF Davenport
shall have the right to srpesl to the Dis
,rict Court 81 SCOTT County from dsci-
sions in all cases arising under the pro-
visions OF the Charter of said City and
the amendments thereto or Of any ordi.
nance passed in pursuance thereof.
See. +. The City Council shall have
power to lay out public squares or
grounds, streets, alleys, iancs or high
ways and 10 make whsr'es in tho river
and alter, widen, contract, straightsn
and discontinue tho same. They shall
cause oil strects, alleys. lanes, hiRhwsys
or public squares OF grounds laid out by
them, 70 be surveyed, described and re-
corded in book to be kopt by the Clerk
showing particularly the proposed i'm
provemsnts and the real estate required
TO be taken therefor, and the samo when
opened and made shall be public high.
ways.
SEC. !. Whenever any street, alley.
lane, Highway or public square or ground
10 laid out, altered, widened or straight.
sned, by virtue hereof, tho City Couucil
she'll give notice Of their intention to ap.
propriate and take the land necessary
tor the same TO the owner or owners
thereof, by publishing said notice for
tsn days, in come newspaper Published
in said city, At tho expiration Of which
tins, they shall chose Nv ballot three
disintsrested frseho ders residing in said
city, "a commissioners TO ascertain and
Assess the damages and recompense the
owners of such lands respectively, and
ut the same time to determine what per.
.ops will be benef ted and assess tie
damages and expenses thereof on the re-
a estate Of persons benefited, 10 pro-
portion as nearly as may be the bene-
ds re-uling to each. a majority of oil
ine Aldermen authorized by law 70 be
elected, sbeil be necessary 20 the choice
Of such Comni.elouer-: Proridsd that
the provisions Of this section sh,l MOI
apply il any case whero suoh stree, or
alley hs already been ordered to be
opened and the damages are not yet
psid.
SEC {. lu any case whers a grade has
been ostabli he'd BY tho city Engineer
aud any persou has bull. or made 90.
improvements on q stree, according to
said grade, and the city authorities shall
alter said grade in such q msnper a. to
injure or diminish the value Of said
property, said city shsll pay TO the own
err or owners Of said property 90 injured
the amount Of such damage or injury.
SEC. o Said damage or injury shsll
be assessed BY three persons, one Of
whom shall be appointed by the Mayor
of said city, one by the owner of the
property and one by those two 90 appoin.
ted, or in case Of their enlargement, BY
the Mayor and owner, or in case Of their
disagreement by the City c ouncil Pro.
rided that it he owner Of such property
shall fail TO appoint one such sppra issr
in ten days from he time Of receiving
notice so 10 DO, then the City Council
shall appoint oil said appraisers, aud no
such alteration Of grade shall be made
until said damages so assessed shall have
bean paid or rendered TO ha owner or
owners Of the property 50 injured or
dsmaeei.
SEC, IT.. The Commi ssh onsrs shall b
sworn faithfully to execute their duties
according o the best OF Ii eli sb lily
Before entering upon their duties they
shsll give notice to the persons interest
cd u the time and place Of their meet.
rig for the purpose Of viewing the pea
Uses and making their ass smsnt, ct least
ten daye before t time Of suoh meet
ing, by publishing tho same in some
newspaper published in said city. They
shall view the premises, and in their dis
cre,lon receive any Legal evidence, s.nd
may adjourn from day to day,
SIC. IL II there should be soy build
ing standing 10 whole or IN part upon
the land to be taken, the Copnissiosees,
before proceeding to NAL c their access.
mint, shal! frs, estimate md dssermi nv
the whole value Of such building to The
owner, aside from the value OF tho lend
and the injury to him Is. having suoh
building taken from him; and sscon dly
the value of such buildius 10 him to re-
move.
SIC. IL. At least Eve days perso pal
n"tioe shall be given to The owner Of
sucn determination. whom known and
resident Of the city, or lei, o. bic usnsl
place Of residence u u; known, OF .
oou.residso', notica 0 all ps1sons in ..