USA > Iowa > Polk County > Des Moines > Des Moines and Polk County, Iowa, City Directory 1869 > Part 22
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grounds.
SEC) 2. That it shall be the duty of such committee to Duty of com- take the general supervision of the said cemetery grounds, tuittee. and cause the same to be duly surveyed and platted off into lots, and a record thereof Gled with the City Clerk.
Summe appoint sexton.
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His duty.
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Duty of com- mittee.
SEG. 3. And it shall further be the duty of said commit- tee to employ a suitable [ person to att as sexton of such grounds, whole duty it shall be to keep the said grounds in good order, and to keep the same free and clear from underbrush afd rubbish of any kind, and to dig all graves for the burial. of any and all persons to be buried therein, and to keep a record of the names of all persons that may be buried in si id grounds from time to time, and the date of such burial, with the number of the lot in which such person is buried, which. record shall be so kept in a book provided for that purpose by the said committee, and do any and all further acts in relation to such grounds as may from time to time be directed by said committee. He shall receive such a rate of compensation as the said committee shall designate, and for any service required of him he shall collect such compensation prior to the
performance of the service.
SEC, 4. That it shall be the duty of such committee to report quarterly to the Council, the number of burials made in such ground's, and the dates thereof, with the names of the deceased, which report shall be filed with the Clerk.
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CEMETERY.
Ssc. 5,. No person shall be permitted to dig any grave Who sball dig dr graves, without the consent of the sexton of committee graves. of said grounds, and |that before any such person shall be permitted to dig any such grave, he shall berequired to obtain the permission of such sexton or committee, and shall dig no grave, except on first giving tho names of the persons deceased, and their age as near as may be, and obtaining the number and locality of the lot upon which said grave is to be dug, from the sexton. .
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SEC. 16. That whenever the said sexton shall be satisfied sexton to that any / person is unable to pay for digging' such grave or designato grounds. graves, it shall be his duty (and in caso ho shall refuse, it Shall be the tility of said committee) to suffer such person to dig such grave or graves, upon his causing the bagno and ago of the deceased to be given to said sexton, and which grave or graves shall not be dug in any other part of said grounds than is designated by Hugh sexton, or unon his refusal, then upon the perroission of said committee for that purpose had and obtained provided, if said committee is satisfied that pour u to the friends or relatives of any person deceased are unable to buried by the dig or pay for the digging of a grave, of if there appear no city. one to fare for the burial of any deceased person, then said, committee shall dirdet the sexton to do what to them shall sejm necessary, at the expense of the city.
SEC .. 7. The Committee of Cemetery bo and are hereby Committee of authorized to appraise the lots in the cemetery, after the orpointy to survey of the same is completed, and that they designate the appraise lots. appraised value of each lot on the cemetery record, which appraisement shall be approved by making such alterations as they may think proper, and that sald plat when so appraised, shall be recorded by the Mayor of the city, in a book to be provided for that purpose, which, Cemetery book sliall be known by the name of the Cemetery record. Record.f .
the City Council, after Angraitement to be approved by council.
SEC. 8. The Mayor of the city is hereby authorized and Mayor may required to sell to any one, any of the lots appraised, at self. their appraised value ; and that he enter all the sales so made, as well as the sales previously made, as far as he can ascertain! in the cemetery record, in a convenient form for future reference, showing the number of lots soll, to whom sold, and the amount sold for, and when paid, date of sale His further and terms of sale; and shall execute and deliver to the pur- duty. chaser a deed in fee simple, upon full payment.
SEC. 9| The Mayor shall pay over the amount received by him to the City Treasurer, and take his receipt therefor,
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CITY ORDINANCES.
Shall pay over :to the treasu- rer and mako quarterly re- parts.
and shall report to the City Council quarterly the number and description of'lots sold by him, and the day of shle, to whom Isold and amount sold for, and shall charge himself with the total amount received, and credit himself with the amount paid the City Treasurer.
Treasurer's duty.
SEC. 10. 3|The City Treasurer shall receive all money offered him (py the Mayor on account of sale of lots, and give the receipts therefor, and
shall place the same to a separate account, to be known as the "Cemetery' Hand;" and he shall charge himself; with all moneys received on account of said fund, and shall pay out the same on orders drawn fon sal fund, in the usual way, and credit himself with the same.
How funds are to be used
SEc. 11. The fund arising from the sale of cemetery lots, shall not be used for any other purpose than for improving and embellishing the cemetery grounds, and fof necessary expienses 'in and about the cemetery ; for purchasing alljoin- ing grounds for cemetery purposes, and for the purposes | above named.1 The said fund shall be under the control of! the City Council.
Owners not to bell lots. .
SEC. herein 12. Proprietors of lots shall not allow linterments for aj compensation, nor shall they sell any lot without the written permission of the Mayor, who shall' keep a record thereof.
Hitching teams to trees, Je , prohibited
SEC. 13. No person shall hitch any horse to any tree, shrub, or post in the cemetery, nor drive lacross any lot therein, nor remove, deface or injure any earth, stone, tree, shrub or flower, urn, vase, tombstone or other sepulchral monument, or water-vessel of whatever kind, in around, or upon the cemetery grounds.
Trespasses punished.
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SEC. 14. Any person trespassing upon the cemetery grounds or disturbing! any grave, or injuring, defacing, removing or changing any fence or enclosure, tombstone or other sepulchinl monument, or any earth or stone, or mound, or tree, shrub for flower, or any water-vessel, or other thing of use, value ar ornament, in, around or upon the cemetery grounds, or ary person violatinglany provision of this fordi- nance shall be subject to a fine not exceeding one hundred dollars.|
Penalty.
SEC. 15. That part of the cemetery known and designated Public burying on the plat .thereof as Public Burying Ground is hereby set ground. apart and'ded cated as Public Barying Ground wherein shall be buried all persons for whose interment no other place is provided, and the sexton shall permit burials but in one lot
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CEMETERY-SLAUGHTER-HOUSE.
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at a time therein, and shall dig the graves therein in consec- utive order, and place a substantial head and foot-board to each of such graves and cut thereon the number of such Keep record of grave in such lot in consecutive order, and keep a record of burials. all such burials, and of such numbers, and of the names and ages of the person so buried, and of the cause of their depth and dute of their butial. Any person may erect at or over such graves any suitable head stones or other sepulchral monumbit. The Cemetery Committee shall report'a copy Report copy of of such record to the City Council quarterly; and the Clerk to council, soall transcribe all reports of burials in a book to be pro- vided for that purpose and kept as a city record.
Passed March 29; 1864 : Published March 28, 1865,
NUMBER 25.
SLAUGHTER HOUSES.
ANORDINANCE Prohibiting the Erection and Use of Slaughter houses or Lens except within certain limits.
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SECTION 1. Be it ordained by the City Council of the City Where to be of Des Moines, That no slaughter house or pen shall be located. buit usel or occupied as a slaughter house or pen within the limits of the city, save and except such part of said city as les south and cast of a straight line drawn in a northeast. and southwest direction from a point in the Des Bloines river, one mile south from the mouth of the Raccoon river .. And no animals shall be slaughtered within the city at any other place or places than above provided, except such ani- mal shall be slaughtered by the persons raising the same , or for their private or family use. Any person violating this Penalty for violation. ordinance shall be subject to a fine, and any such slaughter- house or pen is hereby declared a nuisance, and may be proceeded against, and removed or abated as provided in an ordinance for the abatenient of nuisances!
Passed December 18, 1868 , Published January 31, 1869.
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CITY ORDINANCES.
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NUMBER 26.
GAS WORKS.
AN ORDINANCE to Provide for Lighting the City of Des Moines with Gas.
SECTION 1. Be it ordained by the City Council of the City of Des Moines, That James M. Starr and his associates and their succes sors, heirs and assigns, acting under the style and title of the "Des Moines Gas-Company"' be and aie hereby vest ed with the exclusive privilege, for the term of fifteen year. from the passage of this ordinance, of using the streets and alleys of saal city as it is how laid out or may hereafter be added thereto for the purpose of laving dota in said streets or alleys, pipes for the conveyance of gas iland through said city for the use of said city, and its inhabitants: provided, that said gus-pipes shall not interfere with the drainage of said city, or the necessary construction of sewers, for the underground fixtures for the conveyance of Water, or with any other improvements said dity muy deem proper to make upon said streets or alleys, or any one of them.
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SEC. P. That whenever the said gas company propose to Notice of open- open any street or alley for the purpose of laying down main ing street. gas-pipes, they shall give the Street Commissioner one day's notice thereof, and shall not during the progress, of their Not to obstruct Work unnecessarily obstruct the passage of said street or the streets. alley, and further they shall within a reasonable time repair such portion of any streetfor alley they may have broken up in such manner, as they found it, subject to the approval of the Street Commissioner and the Common Council of said city : provided, they shall not interfere with the Street Com- missioner should he ba engaged in improving any such street at the time of such notice.
SEC. 3. That in consideration of their privileges granted To furnish city to the company afpresaid they shall furnish to said city with gas. upon the several streets and alleys in said . city through which the leading main-pipes may be laid for the purpose of supplying the citizens with gas, such quantities of gas as inny be ordered by the Common Council for public lamps at a price not exceeding the sum of three dollars per thousand Price per foot. cubic feet, to be paid monthly ; said lamps to be lighted , and extinguished according to the time-tables of similar cities in or near this latitude, The lamp posts, lamps, pipel, meters
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Not to inter- fere with sewers.
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GAS-WORKS,
and burners are to be furnished and kept in repair at the expense of said city; and said gas company further. agree that after the number of city lamps shall exceed one hundred, then they the said gas company shall light and extinguish i said lamps at their own expense.
SEC. 4. That if the said Common Council shall desire at To provide any time to erect lamps at the engine houses, public school- lamps'in cer- Houses or other public buildings, or to light any street or tain cases. alley on which said company has not' main pipes; then the said company shall for a fair compensation paid by said Council, lay down in a reasonable time the necessary pipes and fixtures as ordered by said Council, and the lamps thus erected shall be supplied with gas by the company aforesaid. upon the terms prescribed in the preceding section, and the said lamps shall be subject to the same regulations as public gas-lamps,'and the pipes thus laid down at the expense of the city shall not directly or indirectly be used for furnishing gas to citizens, nor shall other gas-pipes be-laid down within that portion of the street or alley occupied by the pipes of the city until the amount expended by the city for laying down the same shall have been refunded to the city by the
¡company aforesaid.
SEd. 5. | That the privileges granted in the preceding When to com section are made on the further condition that the said James mence. M. Start, his associates or assignees, shall on or before the first day of April, 1864, commence making arrangements for the construction of gas-works, and on or before the first day of September, 1865, complete the apparatus for making gas; and shall within the time specified for the completion of said works, lay down at least one mile of main-pipe in the principal streets of said city, as follows : | In Walnut street, from Brunt to Seventh street ; in Court Avenue, from Front to| Fifth street; in Second street, from Walnut |to Market Street in Third street, from Walnut to Court Avenue, and shall extend said pipes from time to time whenever the citizens on such extension shall subscribe for gas, and pipe their houses for gas, at the rate of one house for each sixty- six feet lineal, of said pipe.
SECI GFK The said Jatnes M. Starr, his associates or Report to city assigns, shall, on the first day of January, 1866, and council. annually thereafter, report to the City Council, stating the number of consumers in said city, and until it shall appear that there are two hundred consumers, the said Starr, His
See Ordinance No. 27.
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CITY ORDINANCES.
Price for gas, associates or assigus, may charge any sum not exceeding four dollars her thousand cubic feet of gas, and after the number of consumers shall exceed two hundred and until : there are three hundred' consumers, they may charge any sum not jexcer ding three dollars and seventy-five cents per thousand cubic feet of gas, and when there are over three Hundred consi mers, then they may charge a sum not exceed- ing three doll ors and fifty cents per thousand cubic feet of gas.
To furnish service-pipes.
SEC. 7. Tie said ghs-company further agree to furnish to consumers the usual service-pipe from the main-pipe to the front of he lots at the expense of the company, and any extension of said pipes on the property of the don- sumers, they, the gas-company, may charge a sum not exceeding thir y five cents per foot, lineal.
New discover- ies de. to bo adopted.
Sec. 8. Ti at if any discovery or improvement be made in the preparation of gas from coal or other material, either fluid or solid, by which the cost of making the same shall be materially dim nished, and the same shall be adopted in other principal cities of, the country, then in such case, the com- pany aforesaid: shall introduce such discovery or improve- ment in said c ty of Des Moines, and make such deduction in the price of gas as shall be effected by such discovery or improvement.
SEC. D. It a hereby guaranteed on the part of said city, that the said Starr, bis associates, successors or assigns, shall, at the expiration of the privileges herein granted, have equal rights and privileges with any other gas.com- pany that may be formed in the city of Des Moines.
Penalty for violations.
SEC. 10. It is expressly understood that if the company aforesaid shall cholate or fail to comply with any of the pro- visions of the fireghing ordinance, then and in such case, they shall forfe:) all the privileges herein granted, and the Common Coune | reserves the right in, such, case, to repeal 4 .- the same.
Has - works to , be erected.
SEC. 11. The said Starr, his associates and assigns, undertake and agree to erect within the time specified, good and substantial gas works, and to make and furnish to said dity and the citizens thereof, a good quality of gas, and equal at least in quality to the gas furnished by any other gas-works in the State of Iowa:
SEC. 12. Th's ordinance shall take effect and be in force from and after ijs passage and publication in the Jowa Daily State Register.
Passed February 9, 1860: Pablished April 7. 1865.
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LIGHTING CITY-STREET RAILROADS. -
NUMBER: 27
AN ORDINANCE to Amend an Ordinance entitled "An Ordinance to Pro- vide for Lighting the City of Des Moines ( with Gas ?!
SECTION 1. Be it ordained by the City Council of the City of Des Moines, That Section Six of an ordinance entitled "An ordinance to provide for lighting the city of Des Moines with gas," be and the same is hereby repealed, and in lieu thereof the following is hereby ordained :
SEC. 2. That the sail James M. Start, his associates or Consumers and assigns, shall, on the first day of January, 1868, and annu- price of gas. ally thereafter, report to the City Council, stating |the number of consumers in said city, and when it shall appear that there are five hundred consumers, the said Starr, his - associates or assigns, may charge any sum not exceeding three dollars and a-half per thousand cubic feet of gas ; and until it shall so appear that there are five hundred con- sumers, the said Starr, his associates or assigns, may charge. any sum not exceeding four dollars per thousand cubic feet.
Pissed December 18, 1868 : Published January 31, 1869
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NUMBER :28
2
STREET RAILROADS
AN ORDINANCE Authorizing the Construction and Operation of Certain Street Railroada in and along the Streets of the City of Des Moines,
SECTION 1. Be it ordained by the City Council of the City Grant. of Des Moines, That consent, permission and authority is hereby given and granted to and duly vested in the Des Moines Street Railway Company, and their successors and assigns, to lay a single or double track for passenger rail- way lines, with all necessary and convenient tracks for turn- puts, side-tracks, and switches in, upon and along all the streets, ind such alleys only fronting on yhich said Com-
1 pany have- depots, stables, or car houses, and over the bridges and such streets, in the city of Des Moines, with their present and future extensions and connections, and authority is hereby given said company, their successors and assigns, to keep, maintain, use, and operate thereon railway cars in the manner, and for the time and upon the conditions - hereinafter mentioned and prescribed.
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CITY ORDINANCES.
SEC. 2. The car's to be used upon such tracks shall be Cars operated. operated with animal power only, and shall not connect with any other rail vay, on which other power is used, and no railway-car or carriage used upon any other railway in this State shall be used upon any of said tracks.
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Sec. 3. Said tracks and railway shall be used for the purpose of transportinig passengers and their, ordinary baggagej and the cars and carriages for that purpose shall be . of the best sty'e and class used on such railways in other cities : provided, said. company shall at all times have the right to use the'r track for transporting iron, ties, and other material for constructing theif road and Keeping the samejin repair, and for such other purposes as from time to time may be necessally in carrying out any contract of engage- ment that may be hereafter entered into by and between the City of Des Moines and said company.
SEC. 4. The track of such railway shall be laid so as to Track conform conform to the established grades of the streets on which the to grade. road may be bu It, wherever the city has or may establish such grades; where the streets are not graded, said company may, if they, desire, lay their tracks so as to conform to the Company raise surface of such streets: provided, that they raise the sat track. to the grade when the city shall grade the same or any på thereof, and in case said city shall at any time pave otherwise improve the surface of any street, along which such railroad may run, said company shall pavel 'or other ?! wise improve the space between the rails of their tracks, so that it shall substantially correspond with the improvements of the street outside of the tracks: provided, said company shall plank the space between the tracks at cach principal street-crossing whenever required by the Street Comulittee.
Plank cross- ings, &c. Damages
Skc. 5. | The said City of Des Moines shall not be held liable to said company for any damage that may . he occasioned [by the breakage of any gas- or water-pipes, or from any delays that may be occasioned by the construction of sewers, laying of water or gas-pipes, or the necessary repairing of the same, or from the improvement or repair of any street, unless there be unreasonable delay in making such repairs,
SEC. 6. Said tracks shall be laid' in the center of the Track laid in streets in all cases where it is practicable to so bay them center of street and except where a double track is contemplated in which case the tracks may be laid at such distance from the center of saul street as will make the center point between the two tracks the center of the street, and said tracks shall not be
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STREET RAILROADS.
laid within twelve feet of the sidewalk upon any street in any case where it is practicable to be avoided, and where any line of railway shall be extended
along and upon any such alley, as provided for in Section One, a single track only shall be laid, and no side-tracks, switches, or turn-outs, except in cases where turn-outs are used to connect tracks aid along and upon alleys with tracks laid along and upon Britches, turn streets, shall be allowed on any such alleys, provided, How- pits, &c. ever, that if said Company shall have itst depot, stations, stables or car-houses on any lot fronting on such alleys, they shall have the privilege of laying down turn-out tracks leading from such alleys into such depots, stations, stables or car-houses. :
SEo. 7. The rate of fare upon any one line or route of Fare' railway shall not exceed ten cents for each passenger for any distance on such route for five (5) years after the completion of the first mile of track, and thereafter shall not exceed the mate of six cents for any one route.
SEd. 8. The cars of said company shall be entitled to the Cars entitled track, and in all cases where any team ar vehicle shall meet to track. or bo overtaken upon either of the street railways in said city, such team of vehicle shall give way to said car; nor shall any person wilfully or maliciously, obstruct, hinder. or interfere with any of said railway-cars, by placing, driving, or stopping, or causing to be placed, or driven in a slow pace, or stopped, any team, vehicle, or other obstacle, in, upon, across, along or near the track of shid railway, or either of them, after being notified by the driverfor conductor, by the' ringing of ( the car-bell, or otherwise, and whoever shall wil. fully violate any of the provisions of this section shall, upon Penalty for conviction thereof before the Mayor of said city, be fined obstructing. in any sum not less than five nor more than fifty dollars.
Sec. 9. This charter is granted, and the rights and priv- ileges Herein conferred, are subject: to the following condi- tions and qualifications, to-wit :
That said company shall have at least one mile of said Conditions of railway fully completed and equipped, and cars running upon grant. the same by the first day of January, ro. A .D. 1869.
That they shall have one additional mile so completed and equipped, and cars running therpon by the first day of Jan- uary, All D. 1871 ..
And one additional mile, fully completed and equipped, and cars running thoreon by the first day of January, A. D. 1873, atless the City Council of said city shall grunt to said cmpany a further extension of time, anil on the failure of
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CITY . ORDINANCES.
Injunction.
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said company to construct the number of miles of said rail- why within the time herein specified, all rights and privileges herein granted shall be forfeited and revert to the city of Des Moines: provided, that if said company is delayed, in the construction of said railway by order for injunction of any courtfor judge thereof, the time of such delay shall be given to said company over and above the time given by @is section, for the completion of such given number of miles of Said railway : provided, that in case any such injunction or order of court, or any julge is procured upon the application of any party ,other than the said city of Des Moines, said company shall immediately notify the Mayor and City Solic- itor of such injunction or order, and thereupon the Mayor shall appoint the City Solicitor to resist such injunction or order, and to obtain a dissolution of the same, or to assist the attorney of mid company ; said company shall pay the City |Solicitor | a reasonable fee for services rendered, and unless such notice is given, the time of the continuance of such order or injunction shall not be so given to said com- pany.
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