[17] LAWS OF IOWA CHAPTER 1. FERRY. AN ACT to authorize Wm. S. Townsend to establish and keep a ferry across the Missouri River at Traders Point. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. W. S. Townsend to establish ferry at Trader's Point for 20 years. That Wm. S. Townsend, his associates, heirs or assigns, be and they are hereby authorized to establish and keep a ferry across the Missouri river at Traders Point, or at any other practicable crossing place within five miles of said point, for the term of twenty years. SEC. 2. To procure and keep boat. That it shall be the duty of said William S. Townsend, his associates, heirs and assigns, to procure and keep a suitable boat or boats for the safe and speedy transportation of persons and property over said ferry at all reasonable hours. SEC. 3. Repeal. This act may be altered or repealed at any time by the general assembly of this state. SEC. 4. To take effect. This act shall take effect and be in force from and after its passage and publication in the Iowa City newspapers. SMILEY H. BONHAM, Approved, Dec. 12, 1848. ANSEL BRIGGS. JOHN J. SELMAN, President of the Senate. Published in Republican, Dec. 27, and Reporter, Dec. 27, 1848. [18] CHAPTER 2. UNITED STATES COURT. AN ACT to grant certain rooms in the capitol for the use of the United States courts. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Rooms in the capitol set apart for use of United States court. That the northeast room on the first floor, and two rooms in the basement of the capitol of this state, be and are hereby granted and set apart for the use of the courts of the United States, while said courts shall be held at said capitol; provided, said rooms shall be furnished and fitted up at the expense of the United States. SEC. 2. Taking effect. This act shall take effect and be in force from and after its publication in the weekly newspapers of this city. Approved, Dec. 16, 1848. Published in Reporter, Dec. 27, and in Republican, Dec. 27. CHAPTER 3. CITY OF KEOKUK. AN ACT to incorporate the city of Keokuk. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. Limits of incorporation--body corporate-name-have a sealmayor and aldermen. That all that part of the fractional township number sixty-five, (65) north of range four, (4) west of the fifth principal meridian, in Lee county in this state, and of township sixty-five, north of range five, west of said meridian in said county, embraced within the boundaries or limits of the town of Keokuk, according to the plat of the said town now on record in the recorder's office of said county, shall be and is hereby declared to be a city, and the inhabitants thereof are hereby created a body corporate and politic, with perpetual succession, by the name and style of the city of Keokuk; and as such, by that name, shall be capable in law of contracting and being contracted with, of suing and being sued, pleading and being impleaded, answering and being answered unto in all courts and places, in all matters whatsoever; and also of purchasing, using, occupying, enjoying and conveying real, per-[19]sonal and mixed estate, and may have and use a corporate seal, and may change, alter and renew the same at pleasure; and shall be competent to have, exercise and enjoy, all the rights, immunities, powers and privileges, and be subject to all the duties and obligations incumbent upon and appertaining to a municipal corporation. And for the better ordering and governing said city, the exercise of the corporate powers of the same hereby and herein granted, and the administration of its fiscal, prudential and municipal concerns, with the conduct, direction and government thereof, shall be vested in a mayor and aldermen, consisting of seven members, to be denominated the city council, together with such other offi cers as are hereinafter mentioned and provided for. SEC. 2. Wards proviso. The said city shall be divided into three wards as follows, to-wit: That portion lying between the Mississippi river and the center of third street in said city, and bounded on the south-west by a line drawn from the said river to the centre of the said third street, between, parallel to, and at equal distance from main and Johnson streets in said city, shall be the first ward. That portion lying between the said river and the centre of third street aforesaid, and bounded on the north-west by the line aforesaid. shall be the second ward; and that portion lying between the centre of third street aforesaid, and the north-western limit or boundary of the said city, shall be the third ward: provided, that the said city council of the said city, may change, unite or divide the said wards, or any of them, whenever they shall think it necessary or proper. SEC. 3. Property and demands belonging to Keokuk. That the said city of Keokuk shall be, and hereby is, invested as the lawful owner and proprietor with all the real, personal, and mixed estate, and all the rights and privileges thereof, together with all the property, funds and revenues, and all moneys, debts, accounts and demands due and owing, or in any wise belonging to said city, or which by or under the authority of any former act or acts have been acquired, vested in, or is, or may be owing or belonging to the city of Keokuk, together with all rights, interests, claims and demands in favor of or against said city, may be continued, prosecuted, defended and collected in the same manner as though this act had never been passed. SEC. 4. Election of mayor-aldermen-majority constitute a quorum-term of office to keep a journal-compel attendance of absent members to meet first Monday in April and choose president. That the qualified electors of said city shall, on the first Monday in April, Anno Domini, eighteen hundred and forty-nine, and annually on the same day thereafter, elect a mayor, who shall have resided in said city one year, and the qualified electors of said city shall at the same time elect six aldermen, who shall have resided in said city one year; and the mayor and the aldermen so elected, when [20] assembled together and duly organized, shall constitute the city council, a majority of whom shall be necessary to constitute a quorum for the transaction of business: they shall be the judges of the election returns and qualifications of their own members, and shall continue in office for the term of one year, and until their successors shall be chosen and qualified. They shall determine the rules of their proceedings, and keep a journal thereof, which shall be open to the inspection and examination of every citizen, and may compel the attendance of absent members in such manner and under such penalties as they may prescribe and they shall meet at some convenient place in said city on the second Monday in April, and after taking the oaths of office before some officer qualified to administer oaths, shall elect from their own body a president protempore. SEC. 5. Elect recorder-assessor, marshall, collector, and treasurer to be appointed-define duties, fix compensation and security. The city council when convened on the second Monday in April, shall proceed to elect a recorder, who shall attend all meetings of the said council, and keep a record of all their proceedings; shall keep the corporate seal, and perform such other duties as the said council shall ordain and prescribe, they shall also appoint an assessor, a marshal, and collector, and treasurer of the said city, and such other subordinate officers as they shall think necessary and proper. The council shall define the duties of the several officers appointed or elected by said council, subject to the provisions of this act; shall fix the nature and amount of compensation for their services, and shall require such security as they shall deem proper for the faithful discharge of the duties of their several offices. SEC. 6. Proclamation to be made of the time of, and officers to be elected ten days previous to election-time of opening and closing polls-make return of election proviso.-open the returns-abstract of votes-failure to elect a second election to be held-mayor or president to notify-persons elected to qualify, and in default the office deemed vacant-city council appoint time and place for holding election and appoint judges. That in all elections for city officers it shall be the duty of the mayor to issue a proclamation to the qualified voters of said city, setting forth the time of such elections, the place or places where the same shall be holden, the officer and officers to be chosen, and cause such proclamation to be posted up in three of the most public places in said city, at least ten days previous to such election. And every such election 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, and shall in all things be conducted agreeably to the laws regulating township elections for the time. being, and it shall be the duty of the judges of said election, within two days thereafter, to make and direct the returns thereof to the mayor of said city, at his office, in the same manner that election returns are required to be made by the township trustees for the time being: provided, that in all the elections for mayor the returns shall be made and directed to the president pro-tempore of the city council, and the mayor or president pro-tempore of the city council, as the case may [be,] shall within five days after any such [21] election, open the returns which shall have been made as aforesaid, and shall make an abstract of all the votes and file the same with the city recorder, who shall make a record thereof in a book to be kept by him for that purpose, and the person or persons having the highest number of votes shall be declared duly elected; but if from any cause the qualified voters of said city or any of the respective wards, as the case may be, should fail to effect any election at the time, and in the manner herein provided, the mayor shall forthwith issue his proclamation for a second or other election, which in all things, shall be notified, conducted, regulated, and the returns thereof made, as in and by this act is prescribed, and the person or persons who shall be chosen at any such second or other election, shall hold their offices until the next ensuing annual election, and until their successor or successors in office shall be elected and qualified; and it shall be the duty of the mayor or president pro-tempore of the city council, immediately to notify such person or persons who may be elected as aforesaid, of his or their election, by causing a written notice thereof to be served upon him or them by the city marshal, and every person so chosen or elected as aforesaid, shall within ten days after his election, cause himself to be qualified to enter upon the duties of his office, and in default thereof, the office to which he shall have been elected, shall be deemed and considered in law to be vacated, and it shall be the duty of the city council to prescribe the time and manner, and provide the place or places of holding all elections in said city for city officers, and of making the returns thereof not herein otherwise directed and prescribed; and the said city council shall appoint judges and clerks for all city elections. SEC. 7. Qualification of voters for city officers-duty of judges of election -oath of qualification. That each and every white male citizen above the age of twenty-one years, who shall have been a resident in said city six months immediately preceding any election for city officers, shall be deemed a qualified voter of said city, and shall be entitled to vote in the same or in the ward where he may reside, for mayor, aldermen, and such other officers as are in and by this act directed to be chosen by the qualified voters of said city, or of their respective wards therein, and all others which by public ordinance may be required to be chosen or elected; and when any person shall present himself to give his vote, and either of the judges shall suspect that such person does not possess the requisite qualifications of an elector, or if his vote shall be challenged by an elector who has previously given his vote at such election, the judge of said election shall tender to such person an oath or affirmation in the following form to-wit: I, A. B. do solemnly swear (or affirm, as the case may be.) that I am a citizen of the United States and that I have been a resident of this city six months immediately pre-[22]-ceding the election: am a resident of this ward, if wards have been established, and to the best of my knowledge and belief have attained the age of twenty-one years. and that 1 have not voted at this election. SEC. 8. Disqualification of city councilmen. That no member of the city council shall be eligible to any office within the gift of the city council during the year for which he may have been elected, nor shall any member of the city council be interested directly or indirectly in the profit of any contract or job for work or services to be performed for the city. SEC. 9. Duty of mayor. That the mayor shall sign all by-laws and ordinances adopted and passed by the city council, and [see] that the same are published six days before they go into effect. He shall preside when present at the meetings of the city council, and be denominated president of the same and when there is a tie, shall give the casting vote; he shall do and perform such other duties as the city council may prescribe and determine, not inconsistent with the provisions of the charter. SEC. 10. All city officers to take an oath-officers to give bond to the cityfees-fines-duty of city recorder. That the recorder, assessor, marshall, and collector, and treasurer, and all other officers under the government of said city, shall before entering upon the duties of their respective offices, take an oath or affirmation to support the constitution of the United States and of this state, and faithfully and impartially to perform the several duties of their offices to which they may have been respectively elected or appointed, and when required shall give such bond to the city, with good and sufficient security, in such sum or sums, and with such conditions thereto as the city council may from time to time direct, and in all cases not herein provided for, shall respectively be allowed and receive such fees and compensation for their services, and be liable to such fines, penalties and forfeitures for negligence, carelessness, misconduct in office, and positive violation of duty, as the said city council shall order and determine; and it shall be the duty of the said recorder to keep the seal of said city, and all the records, papers and official documents thereunto belonging; he shall keep fair books wherein shall be kept the accounts of the city; attest all orders issued by the city council for the payment of money, and enter the same in numerical order in a book to be kept for that purpose, and shall perform such other duties as shall be required of him by ordinance. SEC. 11. City council to fix time and place of holding their meetings-provide for the election of city officers not herein provided for-term of office. That the city council shall provide for the times and places of holding their meetings not herein otherwise provided for, which shall at all times be open to the public; they shall provide by ordinance for the election by the qualified voters of said city of such other city officers, whose election is not herein otherwise provided for, as shall be necessary for the good government of said. city, and the due exercise of [23] its corporate powers, and which shall have been provided for by ordinance; and all city officers whose term of service is not prescribed and whose powers and duties are not defined in and by this act, shall perform such duties, exercise such powers, and continue in office for such term of time, not exceeding one year, as shall be prescribed by ordinance. .SEC. 12. Duty of city council in the event of a vacancy of any office under this act. That whenever the office of mayor, councilmen, treasurer, marshal, recorder, or any other officer in and by this act specified and provided for, shall become vacant by death, resignation, removal from the city or otherwise, it shall be the duty of the council, as soon as may be, to appoint some suitable person having the requisite qualifications, to fill such vacancy, and the person so appointed shall continue in office during the remainder of the term for which his predecessor was elected, and in case of sickness or temporary absence of the mayor, the duties of his office, during such sickness or temporary absence, shall be discharged by the president pro-tempore, who shall be obeyed asd respected accordingly. SEC. 13. City council to publish certain ordinances-power to make and publish ordinances for the health, safety, and prosperity of the city. That the said city council shall have power, and it is hereby made their duty, to make and publish from time to time, all such ordinances as shall be necessary to secure said city and the inhabitants thereof, against injuries by fire, thieves, robbers, burglars, and all other persons violating the public peace; for the suppression of riots and gambling, and indecent and disorderly conduct; for the punishment of all lewd and lacivious behavior in the streets and other public places in said city. They shall have power, from time to time, to make and publish all such laws and ordinances as to them shall seem necessary to provide for the safety, preserve the health, promote the prosperity and improve the morals, order, comfort and convenience of said city and the inhabitants thereof; to impose fines, forfeitures, and penalties on all persons offend |