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intendence, management, and control of all the real and personal estate, moneys, funds, and revenues which, from time to time, may be owned by, or of right belong to, said city, with full power to purchase, hold, possess, use, occupy, sell, and convey the same for the use and benefit of said city and the inhabitants thereof: Provided, That the city council shall not have power to sell any public landing, wharf or wharves, docks, basins, or any interest therein or part thereof, which now is, or hereafter may be, used and kept for the accommodation and convenience of the merchants and others engaged in the trade, commerce, and navigation of said city.

Sec. 8. 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 injury from fire, theives, 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 or other public places of said city; and for the apprehension and punishment of all vagrants and idle persons; they shall have power, from time to time, to make and publish all such by-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 offending against the laws and ordinances of said city, and provide for the prosecution, recovery, and collection thereof; and shall have power to regulate, by ordinance, the keeping and sale of gunpowder within the city.

Sec. 9. That the said city council shall have power to establish a board of health for said city, invest it with such powers, and impose upon it such duties, as shall be necessary to secure said city, and the inhabitants thereof, from the evils, distress, and calamities of contagious and malignant diseases; provide for its proper organization, and the election or appointment of the necessary officers thereof; and make such by-laws, rules, and regulations for its government and support as shall be required for enforcing the most prompt and efficient performance of its duties, and the lawful exercise of its powers; they shall have power, whenever the public peace of said city shall require it, to establish a city watch, and organize the same under the general superintendence of the city marshal, or other proper officer, prescribe its duties and define its powers, in such a manner as will most effectually preserve the peace of said city, secure the inhabitants thereof from personal violence, and their property from fire and unlawful depredations; they shall establish and organise all such fire companies, and provide them with the proper engines and other instruments as shall be necessary to extinguish fires, and preserve the property of the inhabitants of said city from conflagration, and provide such by-laws and regulations for the government of the same as they shall think fit and expedient; and each and every person who may belong to such fire company shall, in time of peace, be exempted from the performance of military duty, under the laws of this State; they shall erect, establish, and regulate the market and market places of said city for the sale of provisions, vegetables, and other articles necessary for the sustenance, comfort, and convenience of said city and the inhabitants thereof; to assize and regulate

the sale of bread; and they shall have power to establish and construct landing places, wharves, docks,'and basins in said city, at, or on any of the city property.

Sec. 10. That for the purpose of more effectually securing said city from the destructive ravages of fire, the said city council shall have power and authority, and for such purpose they are hereby authorized and empowered, on the application of three-fourths of the whole number of owners or proprietors of any square or fractional square in said city, to prohibit, in the most effectual manner, the erection of any building, or the addition to any building before erected, more than ten feet high, in any square or fractional square, except the outer walls thereof shall be composed entirely of brick or stone and mortar; and to provide for the most prompt removal of any building, or addition to any building, which may be erected contrary to the true intent and meaning of this scction; and the said city council shall have the power, and it is hereby made their duty, whenever, in their opinion, the public good shall require it, to cause the streets of said city to be suitably lighted in such manner as they may, from time to time, prescribe and ordain.

Sec. 11. That the said city council shall have power, and it is hereby made their duty, to prevent and punish, by good and wholesome laws and ordinances for that purpose, all those who attempt to keep ale and porter shops and houses, or to retail spirituous liquors, within said city without a license from the court of common pleas, all theatrical exhibitions and public shows, and all exhibitions of whatever name or nature, to which admission is obtained on the payment of money or other reward; the sale of all horses and other domestic animals at public auction in said city; and impose reasonable fines and penalties for the violation of any such laws and ordinances; and the said city council shall have full and exclusive powers to grant or to refuse license to showmen and keepers and managers of theaatrical exhibitions, and all other exhibitions for money or reward, auctioneers for the sale of horses and other domestic animals, at public auction in said city; and in granting such license, it shall be lawful for said city council to exact, demand, and receive such sum or sums of money as they shall think fit and expedient to annex thereto, such reasonable terms and conditions in regard to time, place, and other circumstances, under which such license shall be acted upon, as, in their opinion, the peace, quiet, and good order of society in said city may require; and for the violation of such reasonable terms and conditions as aforesaid, the mayor shall have power to revoke or suspend such license whenever the good order and welfare of said city may require it, in such manner as may be provided for by ordinance.

Sec. 12. That the city council shall have power, and they are hereby authorized, to require and compel the abatement of all nuisances within the limits of said city, under such regulations as shall be prescribed by ordinance, to cause all grounds therein, where water shall at any time become stagnant, be raised, filled up, or drained, and to cause all putrid substances, whether animal or vegetable, to be removed; and to effect those objects, the said city council may, from time to time, give order to the proprietor or proprietors, or to his or her agent, and to the non-resident proprietors who have no agents therein, by a publication in one or more of the newspapers printed in said city or vicinity for the period of six weeks of all or any grounds, sub

jected at any time to be covered with stagnant water, to fill up, raise, or drain such grounds at their own expense; and the said city council shall designate how high such grounds shall be filled up and raised, or in what manner they shall be drained, and fix some reasonable time for filling up, raising, and draining the same; and if such proprietor or proprietors, or agents, shall refuse or neglect to fill up, raise, or drain such grounds in such manner, and within such time, as the said city council shall have designated and fixed, they shall cause the same to be done at the expense of the city, and assess the amount of the expense thereof on the lot or lots of ground so filled up, raised, or drained as aforesaid, and place the assessment so made as aforesaid in the hands of the city marshal, who shall proceed to collect the same by the sale of such lot or lots, if not otherwise paid, in the same manner, with the same powers, and under the same regulations; and shall make good and sufficient deed thereof to the purchaser, subject to the same right of redemption by the proprietor or proprietors, their heirs or assigns, as the law prescribes, for the time, for the sale of lands for the non-payment of State and county taxes; but no penalty for the non-payment of any such taxes or assessments shall exceed twentyfive per cent.; and the city council of said city shall have power, on petition, by at least twelve freeholders of said city, and notice given for six consecutive weeks in a newspaper printed in said city, to lay out, establish, vacate, change, or alter any street or streets, alley or alleys, lane or lanes in said city; and if any person shall claim damages by reason of the laying out, vacating, changing, or altering thereof, and shall file his notice of such claim in writing with the city recorder, within thirty days after the order for laying out, vacating, changing, or altering shall have been published in a newspaper in said city for four weeks in succession, the city council shall cause the damage, if any, over and above the benefit accruing thereby to such claimant, to be assessed by the oaths of three disinterested freeholders of said city, by them appointed for that purpose; and the amount so assessed, shall be paid within three months after the return of such assessment, either by the petitioners or out of the city treasury, as said city council shall determine, or in default thereof, the order for laying out, vacating, changing, or altering shall be null and void.

Sec. 13. That said city council shall cause the streets, lanes, alleys, and commons of said city to be kept open and in repair, and free from all kinds of nuisances; but it shall be lawful for them to continue any building or erection now standing thereon, if, in their opinion, the interest and general health of said city will not be injured thereby; they shall have the exclusive power of appointing supervisors and other officers of streets within the said city; they shall have the power, whenever the public convenience or safety shall require it, to prohibit hogs, cattle, horses, and other descriptions of animals from running at large in the streets, lanes, and alleys, commons and other public places in said city; they shall have power to license and regulate all carts, wagons, drays, and every description of two and four-wheeled carriages which may be kept in said city for hire, all livery stables, brokers and to loan offices, and to provide for the inspection and the appointment of inspectors of all articles of domestic growth, produce, or manufacture which may be brought to said city, sold or purchased therein, for exportation, and not included in the inspection laws of the State.

Sec. 14. That, to defray the current expenses of said city, the said city council shall have power to levy and collect taxes on the real and personal property therein, on the basis of city taxation hereinafter provided; and it shall be the duty of the city recorder to calculate and make a duplicate record of city taxes on said basis of city taxation, in the same manner as required of the county auditor in making duplicates of State, county, and other taxes, based upon the grand list of taxable property in this State, and deliver the duplicate of such city taxes to the city marshal, at such time as he may be directed so to do by the ordinances of the city council; and it shall be the duty of the city marshal to proceed in enforcing the collection of said taxes in the same manner, by distress and sale of personal property, and advertisement and sale of real estate, as is prescribed by the several acts regulating the mode of taxation in this State; and on the sale of real estate for taxes, the city recorder shall have power to execute a deed of such real estate as may be so forfeited and sold for city taxes, which deed shall be as good and valid in law as the county auditor's deeds for lands sold for taxes under the said laws regulating the mode of taxation in this State; the same time and privilege of redemption shall be incident to said sales of real estate for city taxes, as are provided in said State laws regulating the mode of taxation; and the said city marshal shall pay over to the city treasurer all moneys so collected by him as aforesaid, within such time, and under such penalties for neglecting or refusing to pay over, as said city council shall prescribe; and the city recorder and marshal shall receive such suitable compensation for the services aforesaid as the city council shall, from time to time, fix by ordinance; and the said city council shall have power whenever, in their opinion, the interest of said city shall require it, to levy and collect taxes on dogs and other domestic animals, not included in the list of taxable property for State and county purposes, to be collected in the same manner as is provided in this section for the collection of city taxes: Provided, The amount of taxes levied as aforesaid shall not, in any one year, exceed one per centum on the aggregate value of taxable property in said city.

Sec. 15. That the said city council shall have power to levy and collect a special tax from the real estate of any section, square or part of a square, or market place of said city, on the petition of the owner or owners, of not less than two-thirds in value thereof, for opening, paving, repairing, or improving any street, lane, or alley, bounding on or within the same, or for the purpose of lighting any section, lane, or alley bounding on or within the same: Provided, That for the purpose of lighting such street, lane, or alley, the owner or owners of not less than two-thirds of the real estate bounded on or within the same, on both sides thereof, shall petition therefor; the city council shall, moreover, have power, when two-thirds of the members shall deem it necessary, to assess a special tax for supply. ing said city, or any portion thereof, with a night watch.

Sec. 16. There shall be annually elected, at the same time, and in the same manner as the members of the city council, one assessor for each ward in said city, whose duty it shall be, after having been duly sworn or affirmed, to proceed, between the last Monday in March and the second. Tuesday in May thereafter, to assess all the real and personal property, or capital of any kind, within the said city, subject to taxation for

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State, county or township purposes, and also, all buildings of a less value than two hundred dollars within said city, and make returns of their assessment roll to the office of the city recorder, on or before the second Tuesday in May, and after said assessment shall be equalized and established by the authority of the city council, to whom as a board of equalization, any person dissatisfied with the assessment of any or all of his taxable property as so taken by said assessors, may appeal to said city council, who shall, annually, on the fourth Tuesday in May, hold a special meeting for the purpose of hearing and determining on said appeals, with power to adjourn from day to day until such appeals are disposed of, and whose determination thereon shall be final and conclusive; and said assessment, when so established, shall form the basis of all city taxation for general purposes.

Sec. 17. That the said city council shall have power, whenever, in their opinion, the public good shall require it, to erect a city prison, and to regulate the police or internal government of the same; that the said city prison may contain cells for solitary confinement, and such apartments as may be necessary for the safe keeping, accommodation and employment of all such persons as may be confined therein; that said city council shall have power to pass all such ordinances as may be necessary for the apprehension and punishment of all common street beggars, common prostitutes, and persons disturbing the peace of said city, who, under conviction thereof, before the mayor, in such manner as the said city council shall prescribe, may be fined in any sum not exceeding one hundred dollars, or be confined in the cells, or be kept at hard labor in said city prison, for any length of time not exceeding fifteen days; that any person convicted before the mayor, under the provisions of this act, of any offence which, by the laws of the State of Ohio, is punishable in whole or in part by confinement in the county jail, may be confined in the cells of the city prison, for any time not exceeding that specified by the laws of this State, for the punishment of such offence, for the said term of confinement: And provided, also, That until such city prison shall be erected, said city council shall be allowed the use of the county jail of Lucas county, for the confinement of all such persons as may be convicted before the mayor, and who shall be liable to imprisonment under the laws of this State, or the ordinances of said city; and all persons so imprisoned shall be under the charge of the sheriff of said county, who shall receive and discharge such persons in and from said jail, in such manner as shall be provided by the ordinances of said city, or otherwise by due course of law; and after the said city prison shall be erected and prepared for the reception of prisoners, the marshal of said city, in the control, gov ernment and management thereof, shall have the same power and authority, and be subject to the same liabilities, as by the laws of this State, now are, or hereafter may be, conferred and imposed upon the sheriffs of the several counties, in the control, government and management of the county jails, and all such other powers and duties as the city council may prescribe, to enforce any sentence of hard labor, pronounced against any per son, by the said mayor.

Sec. 18. That all moneys raised, received or collected, by means of any tax, license, penalty, fine, forfeiture, or otherwise, under the authority of this act, or which may belong to said city, shall be paid into the city

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