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Right of appeal by

owners of property damaged.

the grade shall be changed; and in the case of the appropriation of land for widening of a street, avenue, or alley, the council may consider, for the purpose of determining benefits and equalizing such assessment, whether any portion of the street, avenue, or alley had been previously donated from any lot or piece of land abutting or adjacent thereto.

SEC. 120. In all cases of damage arising under the provision of this act, the party or parties whose property is damaged or sought to be taken by the provisions of this act shall have the right to appeal from such assessment of damage to the district court of the county in which such property is situated, within thirty days after the assessment provided for in this act, and in case of such appeal the decision and finding of the district court shall be transmitted by the clerk thereof, duly certified, to the city clerk to be filed and recorded in his office; but such appeal shall not delay the appropriation of the property sought to be taken, or delay the improvement proposed, or retard the change of grade sought to be made, and in no case shall said city be liable for the cost on such appeal, unless the owner of such real estate shall be adjudged entitled upon the appeal to a greater amount of damage than was awarded by said freeholders. The remedy by appeal, herein allowed, shall be deemed and held to be exclusive, and no person shall be allowed to prosecute or maintain any original action to recover any damages herein authorized or provided for.

upon the trial

Sec. 121. In all cases of damages arising un- Precedence of der the provisions of this act, upon appeal being dockets taken by any person from any award or assessment of damages, the city shall have the right, upon giving five days' notice to the person or persons appealing, to have such appeal placed upon the trial docket or calendar of the court to which such appeal may be taken, at the head of the list of cases for trial, and such appeals shall have priority and precedence in the order of trial thereof over civil actions, and the court shall so arrange the call of cases for trial as to give such appeals such priority and precedence.

Sec. 122. The enacting clause of all ordinances Form of enactshall be as follows: “Be it ordained by the city council of the city of

SEC. 123. All ordinances of the city shall be passed pursuant to such rules and regulations as the council may prescribe;

Provided, That upon the passage of all ordi- Yeas and nays. nances,

the
yeas

and nays shall be entered upon the record of the city council, and a majority of the votes of all the members of said council shall be necessary to their passage.

Provided further, That no ordinance shall be When ordinanpassed the same day, or at the same meeting it is introduced, except the general appropriation ordinance at the first meeting of each month.

SEC. 124. All ordinances of the city may be putenenti proven by the certificate of the clerk under the seal of the city, and when printed or published in a book or pamphlet form, and purporting to be

authenticity of ordinances.

[graphic]

Appropriation, how made.

published or printed by authority of the city council, shall be read and received in all courts and places without further proof.

SEC. 125. At the first meeting of the council in each month the mayor and council shall provide by ordinance for the payment of all liabilities of the city incurred during the preceding month, or any time prior thereto. No moneys shall be expended or payment made by the city except in pursuance of a specific appropriation made for that purpose by ordinance, and no liability shall be incurred, debt created, or contract involving the expenditure of money approved by the city council, except by a majority of the entire council, upon call of the yeas and nays, and the record of the council proceedings shall show how each member voted, and any councilman voting to incur any liability or to create any debt in excess of the amount limited or authorized by law; or if the mayor shall approve any ordinance or contract involving the expenditure of money in excess of the amount limited or authorized by law, such officer shall thereby render his bond liable for such unlawful excess.

SEC. 126. Any ordinance appropriating moneys shall be subject to the veto of the mayor, and the mayor may veto any single item in any such ordinance, and if such item be not passed over his veto, such item shall be stricken out, and shall not be paid by the city.

SEC. 127. Every resolution adopted or contract approved by the city council appropriating or in

Bame, veto by mayor.

Presentation of ordinances for approval of mayor,

return with objections in

volving the expenditure of money, and every ordinance passed by the city council, shall, within forty-eight hours after the action of the city council, be presented to the mayor for his approval, and he shall have at least three days thereafter for the consideration thereof.

If he approve the resolution, contract, or ordi- Shall signor dinance, as the case may be, he shall sign the same writing. and return the same to the city clerk, and so report to the council at its next regular meeting, after the expiration of the time herein limited; if not, he shall return the same, with his objections in writing, to the city council at its next regular meeting, after the expiration of the time herein limited.

When any ordinance, contract, or resolution shall Passage with. be returned without the approval of the mayor,

the council shall thereupon consider whether the same shall be approved, notwithstanding the objections

out approval of mayor.

of the mayor.

If two-thirds of all the members elected shall vote in the affirmative, such ordinance, contract, or resolution shall be considered approved, and shall take effect and be valid in the same manner and with like force as if it had received the approval of the mayor; and should the mayor fail, neglect, or refuse to approve any ordinance, contract, or resolution, or return the same with his objections in writing, within the time herein limited, the same shall take effect and be valid in the same manner and with like force as if approved by him.

Sec. 128. The city council shall have power to President and elect one of their own body president of the council, council.

dent of the

Council ehall elect city clerk,

May compel the attendance of witnesses.

who shall preside at all meetings of the council, and in his absence to elect one of their own body to occupy his place temporarily, who shall be styled acting president of the council, and the president, or acting president, when occupying the place of the mayor, shall have the same power as the mayor and shall also have the same rights and privileges as other members of the council.

Sec. 129. At the first meeting of the council, after its organization, they shall elect a city clerk, who shall hold his office for the term of one year and until his successor is elected and qualified.

SEC. 130. The council, or any committee of the members thereof, shall have power to compel the attendance of witnesses for the investigation of matters that may come before them, and the presiding officer of the council, or the chairman of such committee for the time being, may administer the requisite oath; and such council or committee shall have the same authority to compel the giving of testimony as is conferred on courts of justice.

Sec. 131. The mayor and any five councilmen shall have power to call special meetings of the council, the object of which shall be submitted to the council in writing, and the call and object, and the disposition thereof shall be entered upon the journal by the clerk.

SEC. 132. The council shall have power to act as a board of equalization for the city ; to equalize all taxes and assessments, and to correct any errors in the listing or valuation of property, and to supply any omissions in the same, and shall have the

Special meetings, how called.

Council shall act as a board ofequalization,

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