board; and no action shall be had thereon until two-thirds of the resident lot owners upon that portion of any street whereon the improvement is proposed, shall have signed such petition, except when the public security demands immediate repairs. SEC. 3. When the council shall have authorized, by ordinance, any improvement above enumerated, and shall have let the contract for the same, the assessors shall, under direction of the board, proceed to assess the property abutting upon the street where the improvement is to be made, and apportion the special tax for such amount as the board may stipulate, having in view the relative benefit each person assessed will derive from the contemplated work; and said tax may be collected in all cases by the marshal as general taxes. SEC. 4. The city surveyor, under direction of the board, shall fix and establish the grades of the several streets by a full report, including a profile view of the same, founded upon an actual survey; and said report and profile shall be deposited in the register's office. And no person owning any building or lot shall be entitled to any damages owing to such grade; and after the grade of any street has been so established, it shall not be altered by ordinance, except upon petition, signed by two-thirds of the lot owners on said street. SEC. 5. No person shall break or dig up the ground in any street, or common, or public passageway in the city, nor erect any staging for building thereon, or pile or deposit thereon any dirt, earth, bricks, stones, lumber or other building materials that shall obstruct more than one third the width of any street, and that shall be contiguous to his lot or enclosure, reserving at least one-half the sidewalk. SEC. 6. Whoever shall, for any purpose, offend against Sec. 5 of this ordinance, and refuse to amend or make restoration to the satisfaction of the board, within five hours after being notified to do so, by any city officer, shall forfeit and pay the sum of twenty dollars, and a further sum, not exceeding twenty dollars, for each day after the expiration of said time, till amendment be made. SEC. 7. No person shall stop with any team or carriage, or place any obstruction of any kind upon or across any flag or stepping stones or other foot way, placed or to be placed in any street in the city. SEC. 8. No person shall draw, propel or wheel any hand cart or other carriage upon any sidewalk, except children's carriages drawn by hand. SEC. 9. No person shall place or establish any awning or shade before his or her place of business or dwelling house, over any part of any street or sidewalk, unless the same be safely made and supported, so as in nowise to incommode passengers, and so that the lowest part thereof shall be at least eight feet in height above the sidewalk or street; and said awning or shade, if built over a sidewalk, shall extend over the outside edge thereof. SEC. 10. No person shall erect, set up or maintain any portice, platform or door step, extending into any street or sidewalk, and all such obstructions shall be removed on notice from the city marshal; Provided, That this section shall not apply to any doorsteps that shall not extend more than two feet into such street or sidewalk. SEC. 11. No person shall erect, construct or keep any cellar door, bulkhead, basement or excavation of any kind, extending into or occupying more than two feet of any street, sidewalk or public passageway unless such doorway or excavation be kept covered with a suitable and substantial plank covering or grate, level with the sidewalk or street; Provided, that this section shall not apply to any permanent buildings already erected; but where any such passageways or excavations now exist upon any street or sidewalk, they shall be suitably protected by a substantial wood or iron railing, to the acceptance of the board. SEC. 12. No person shall drive any carriage, horse or team upon any or over any sidewalk or footpath, except for the purpose of crossing, as soon as may be, into or out of some adjoining yard or enclosure. SEC. 13. No person shall expose or exhibit for sale, in front of any shop or store, any goods or articles of merchandize, in such a manner as to extend more than four feet from the building, upon the sidewalk. SEC. 14. No person shall place or deposit any dirt, saw dust, rock, ashes, cinders, shreds, shavings, hair, manure, or any animal, mineral or vegetable substance, in or upon any street, sidewalk, passageway or public place, without first obtaining a written permit from the mayor and board of aldermen, and without faithfully complying with the conditions of the same. SEC. 15. Any person who shall violate any of the provisions of this ordinance, shall forfeit and pay, upon conviction before any justice of the peace, a sum not exceeding twenty dollars for each offence. Approved October 2, 1857. J. BLOOD, Mayor. ORDINANCE No. 10. 10. Of fees of Be it ordained by the Mayor and Board of Aldermen of the City of Lawrence: SEC. 1. The mayor or justice of the peace shall be entitled to Ordinance No. the following fees: for taking and filing each affidavit, twenty- officers. five cents; for issuing every subpoena, twenty-five cents; for administering every oath, five cents; for issuing every warrant in criminal cases, twenty-five cents; for entering final judgment in criminal cases, fifty cents; for issuing venire for jury in criminal cases, twenty-five cents; for issuing each execution, fifty cents; for taking each acknowledgment of deeds or power of attorney, twenty-five cents. SEC. 2. That in all suits, instituted under the laws of this city, witnesses shall receive twenty-five cents for each attendance, and every juryman fifty cents for each attendance, which shall be rendered in judgment in all cases, unless remitted by such witness or juryman; and the above sums shall be paid in advance in all civil suits, as follows: the jury shall be paid by the party calling them, and each party shall pay his own wit nesses. SEC. 3. The mayor and aldermen shall receive two dollars each for every day's attendance upon the meetings of the council, to take effect on the expiration of the term of the present board. The marshal shall receive a salary of two hundred dollars per year, and the same fees shall be allowed him for official services as are prescribed by statute laws for constables, in similar cases; but said salary shall not commence until the expiration of the term of office of the present marshal. The register shall receive five cents per hundred words for all records made, publication of ordinances, notices, &c., and fifty cents each for every license issued under the ordinances. The city attorney shall receive a salary of one hundred dollars per year for all services performed by direction of the board, to take effect on the expiration of the present term of office. The city engineer shall be entitled to receive the usual rates for surveying, &c., for all work done in the city, by order of the board. The city sexton shall receive four dollars for digging every grave of a person over ten years of age, and three dollars for the grave of every child under that age. Approved December 1, 1857. J. BLOOD, Mayor. Ordinance No. 11. Of assess ORDINANCE No. 11. Be it ordained by the Mayor and Board of Aldermen of the City of Lawrence: SEC. 1. For the purpose of meeting the city expenses for the ment of taxes. current year, it shall be the duty of the assessor to assess the real and personal property owned within the city, before the twentieth day of January, 1858, as now provided to be made during the month of October in sections 2nd, 3d, 4th and 5th of Ordinance No. 4. The assessors shall meet for the inspection of their lists on the last Wednesday of January next, as now provided for in section 6th of the above named Ordinance. On or before the first day of February next, the assessors shall make returns to the register, who shall lay the same before the board at their next meeting, as provided for in section 7, of the above named Ordinance; and the said register shall, before the tenth of February thereafter, make out and deliver a transcript of the tax book to the marshal of the city, who shall proceed to collect, in accordance with section 9th of the above named Ordinance; and and it shall further be the duty of the marshal to proceed with delinquents, on and after the third Monday in March, as now provided in sections 10th, 11th, 12th and 13th of the same Ordinance; and the delinquent list shall be returned by the marshal to the register, the first Monday in April thereafter. Approved December 15, 1857. J. BLOOD, Mayor. Charter legalized. Therefore, Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows: SECTION 1. That the charter adopted by the citizens of Lawrence, on the second Wednesday of July, A.D. 1857, and the election held thereunder for a city government, and the Ordinances above enumerated, and proceedings connected therewith, shall be and the same are hereby legalized and declared to be in full force and effect. This Act to take effect and be in force from and after its passage. [Signed,] G. W. DEITZLER, Speaker of House of Representatives. President of the Council. This Bill having been returned by the Governor with his objections thereto, and after reconsideration, having passed both Houses by the constitutional majority, it has become a law this the 11th day of February, A. D. 1858. [Signed,] G. W. DEITZLER, Speaker of House of Representatives. President of the Council. CHAPTER LXXXII. AMENDING THE CITY CHARTER OF LAWRENCE. AN ACT Amending the City Charter of Lawrence. Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas: SECTION 1. That the city charter of the city of Lawrence, legalized and confirmed by the Legislative Assembly of the Territory of Kansas, at its third regular session, shall be amended as follows: city of Law SEC. 2. All that district of country described as follows, to Situation of wit: Beginning at a point on the south side of the Kansas river, rence. thirty feet east of the point where the west side of Maryland street intersects said river; thence south in said Maryland street, four thousand two hundred and sixty feet to the center of Adams street, thence west five thousand two hundred and eighty feet, to a point thirty feet west of the east side of Illinois street; thence north in Illinois street three thousand three hundred and eighty feet, to the south side of Warren street; thence west four thousand five hundred and sixty-one feet; thence north five thousand five hundred feet; thence east five thousand six hundred and twenty feet, to the Kansas river; thence down said river to the place of beginning, is hereby erected into a city, by the name of the City of Lawrence, and the inhabitants thereof are hereby constituted a body corporate and politic, by the name and style of the City of Lawrence, and by that name they and their successors shall be known in law, have perpetual succession, sue and Powers of corbe sued, plead and be impleaded, defend and be defended in any and [all] courts of law or equity, and in all actions whatsoever, may contract and be contracted with, may purchase, receive and hold property, both real and personal, within said city, and may poration. |