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accrued in such proceeding, and such officer shall thereupon proceed to sell the property so distrained, and make the amount so certified to him, and return the certificate so issued to him, with an endorsement thereon of his proceedings, which return and certificate shall be filed in the court from which the said certificate was issued.
SEC. 52. If the person or persons named in the summons issued, as provided in section fifty-one of this act, shall not be found by the officer to whom such summons shall be directed and delivered, the person or persons therein named shall be notified of the pendency of such proceedings, in the manner required in cases of attachment, in the court in which such proceedings shall be pending, and thereafter the cause shall proceed as if the person or persons warned in such summons had been personally notified of the pendency of such proceedings.
SEC. 53. The city council of the city of Denver shall have power to define and fix the boundaries of the channel of Cherry creek, within the corporate limits of said city, and to remove obstructions therefrom, and to prevent persons from obstructing the same, and to acquire the title to said creek for the benefit of the inhabitants of said city, and to cause the damages resulting from the appropriation of the same to public use, to be assessed and paid to the parties claiming and showing title thereto, in such way and manner as may be provided by ordinance.
THE MAYOR. SECTION 1. The mayor shall preside at all meetings of the city council, and in case of non-attendance of the mayor at any meeting, the board of aldermen shall appoint one of their own number as chairman, who shall preside at the meeting.
Sec. 2. The mayor or any two aldermen may call special meetings of the city council.
Sec. 3. The mayor shall at all times be vigilant and active in enforcing the laws and ordinances for the government of the city, he shall inspect the conduct of all subordinate officers of said city, and cause negligence or positive violation of duty, to be prosecuted and punished: he shall from time to time communicate to the aldermen such information, and recommend all such measures as in his opinion may tend to the improvement of the finances, the police, the health, security, comfort and ornament of the city.
SEC. 4. He is hereby authorized to call on every white male inhabitant of said city, over the age of eighteen years, to aid in enforcing the laws and ordinances, and in cases of riots, to call out the militia, to aid him in suppressing the same or other disorderly conduct, preventing and extinguishing fires, for securing the peace and safety of the city, or carrying into effect any law or ordinance; and any person who shall not obey such call, shall forfeit to said city a fine not exceeding twenty dollars.
SEC. 5. He shall have power whenever he shall deem it necessary, to require of any of the officers of said city, an exhibit of his books and papers.
Sec. 6. He shall have power to execute all acts that may be required of him, by any ordinance made in pursuance of this act.
SEC. 7. He shall also have such power as may be vested in him by ordinance of the city, in and within all places within five miles of the boundaries of the city, for the purpose of en. forcing the health and quarantine ordinances, and regulations thereof.
SEC. 8. He shall receive for his services outside of the city, such compensation as shall be fixed by ordinance.
SEC. 9. In case the mayor shall at any time be guilty of a palpable omission of duty, or shall willfully and corruptly be guilty of oppression, malconduct, or partiality in the discharge of the duties of his office, he shall be liable to be indicted in the district court of the proper county, and on conviction, he shall be fined not more than five hundred dollars, and the court shall have power on the recommendation of the jury, to add to the judgment of the court, that he be removed from office.
OF PROCEEDINGS IN SPECIAL CASES.
SECTION 1. Whenever it shall be necessary, in the opinion of the city council, to take private property for the purpose of opening, widening or altering any public street, lane, avenue or alley, within said city of Denver, it shall be the duty of the mayor of said city, to select and appoint a jury of six disinterested electors, being house-holders in said city, to view the premises and assess the damages which will accrue to the owner or owners of lots so to be taken for opening, widening or altering such street, lane, avenue or alley; which jury, before entering upon their duties, shall be sworn faithfully and impartially to execute their duty to the best of their ability.
SEC. 2. Before making any assessment as provided hereinafter, the jury shall give three days notice of the time and place of meeting for making such assessments, to all persons who may own property which may be taken for opening or widening any lane, avenue, street or alley, if the names of such owners shall be known to them, and if such names shall not be known to them, such notice shall be published six days prior to the time of meeting, in some newspaper published in the city of Denver. The jurors having given notice as aforesaid, shall at the time and place specified in said notice, proceed to inquire into, consider and assess, the damages which will result or accrue to the owner or owners of property which may be taken for the purpose of opening, widening or altering such street, lane, avenue or alley, from the opening, widening oraltering the same. In estimating such damage, it shall be the duty of the jury to con. sider as well the benefits which will accrue to such owners, as the damages they will sustain by reason of the opening, widening or altering of such street, lane, avenue or alley, and to deduct the estimated value of the benefits from the damages, and the jury shall award to separate owners individually, and to joint owners, or owners in common, jointly, the several and respective amounts to which they shall consider such -owners respectively entitled; and such jury shall make return of their inquest or assessment to the mayor, in writing, who shall lay the same before the city councis
, for their confirmation or rejection.
SEC. 3. It shall be the duty of the city council of the city of Denver, if they shall confirm the finding of the jury returned to them, as provided in section two (2), article seven (7), of this act, to declare by resolution what lots or parts of lots, or par. cels of ground in the vicinage of the lot or lots, or parcels of ground so to be taken for the purpose of opening, widening or altering such street, lane, avenue or alley, shall be assessed for the purpose of paying the several and respective sums of money found by the inquest or assessment of the jury aforesaid, to be due the owner or owners of any lot or lots, or parcels of ground to be taken for public use as aforesaid, and thereupon it shall be the duty of the mayor to appoint six disinterested persons, being house-holders in the said city of Denver, who shall be other persons than those appointed under the provisions of section five (5) of this act, to apportion and assess the amount of money found by the inquest or assessment returned as provided in section seven (7) of this act, upon the several lots, parts of lots and parcels of ground designated by the city council as provided in this section.
Sec. 4. The jury appointed as provided in the last section, shall, before entering upon the duties of their appointment, be sworn to discharge their duties honestly and faithfully, and to the best of their ability; and they shall give six days notice in some newspaper published in the city of Denver, of the time and place of meeting for the purpose of making the assessment, and they may, if necessary, adjourn from day to day; having taken such oath and given such notice, said last mentioned jurors shall proceed to assess upon the lots, parts of lots and parcels of ground, designated by the city council, the amount of money found by the jury mentioned in section one (1) of this article, apportioning the same among the several lots, parts of lots and parcels of ground, having reference to the benefits relatively accruing to each of such lots, parts of lots or parcels of ground, by reason of the opening, widening or altering such street, lane, avenue or alley, and briefly describing in the assessment roll to be made by them, the lots, parts of lots, and parcels of ground respecting which such assessment is made, and the value thereof, and setting forth the amount assessed upon each.
SEC. 5. When the jury shall have completed their assessment, they shall return the same under oath, signed by all the jurors, to the city clerk, within forty days after their appointment. The city clerk shall thereupon cause a notice to be published in some newspaper published in the city of Denver, for six days, specifying the time and place, when and where objections will be heard by the city council to such assessment roll.
SEC. 6. Any person interested, may appeal to the city council for the correction of the assessment. Appeal shall be in writing and filed in the clerk's office, within ten days after the first publication of said notice. The council may adjourn the hearing from day to day, and shall have power in case of appeal or otherwise, to revise and correct either of the assessments made as provided in this act, and confirm or amend the same, or direct new assessments to be made in the manner hereinbefore provided, by the same jurors or by others; and any assessment when confirmed by the city council shall be final and conclusive on all parties interested.
Sec. 7. If the city council shall confirm the assessment made by the last mentioned jury, it shall thereupon be the duty of the city clerk to make out a special tax roll, specifying therein the lots or parts of lots or parcels of ground, upon which assessments were made by the said last mentioned jury, together with the amount assessed thereon, respectively, by said jury, and the amounts as assessed may be collected in the manner provided by law or ordinance for the collection of taxes in said city.
Sec. 8. Whenever the whole amount of money specified in said special tax roll, shall have been collected in money, the city council shall order the opening, widening or altering, as the case may be, the said street, lane, avenue or alley, and thereupon the said street, lane, avenue or alley shall be and become a public highway, and the city council shall have the same authority respecting the same, and the removing obstructions therefrom, as in other cases, but in no case shall such order be made by the city council until the full amount of damages due the owner or owners of lots or parcels of ground to be taken
for public use, shall have been collected in money as hereinbefore provided. It shall be the duty of the city council to set apart the money so collected for the payment of the damages due respectively, to the owner or owners of lots, parts of lots or parcels of ground taken for public use, and the same shall not be applied to any other purpose whatever, and the city treasurer, upon warrants drawn in such manner as the city council shalí direct, shall
the same over to such owner or owners. SEC. 9. Jurors appointed under this act shall receive three dollars per day each, for actual expenses, which, together with all other expenses of making the assessments, shall be deemed part of the expenses of the improvement, and included in the tax roll mentioned in section seven (7) of this article; the cost of collecting the damages, specified in said tax roll, shall be added to the amount thereof, and shall not exceed five per cent. thereon.
SEC. 10. If any assessment shall be set aside by order of any court, a new assessment may be made for the purpose
opening, widening or altering the same street, lane, avenue or alley, and if any juror shall fail, refuse or decline or be unable to act, the city council may appoint another to act in his stead. If the first assessment shall be insufficient, another may be made in like manner as the first.
SEC. 11. The city council shall have power by ordinance, to lay and collect a special tax on the lots on any street, lane, avenue or alley, according to their respective fronts, and upon
the holders thereof, for the purpose of paving, grading or planking, or otherwise improving the same, and for the purpose of paving, grading and planking the side-walks of any such street, lane, avenue or alley, and lighting the same, Provided, said tax shall not exceed the actual cost of paving, grading, planking or lighting the same, which tax shall be levied and collected in such manner as may be provided by ordinance.
SEC. 12. That the corporate authorities of the city of Denver shall be, and they are hereby empowered to levy and collect taxes in such way and manner as the city council may provide by ordinance, and taxes assessed upon land may be collected from the personal estate of the owner or holder of such land, and in like manner as taxes assessed upon personalty, may be collected from the landed property of the owner of such personalty.
ŠEC. 13. That, in all cases where taxes assessed upon lots or parcels of ground in the city of Denver, by the corporate authorities thereof, are not paid within the time fixed by the corporate authorities, it shall be lawful for the city collector, after giving notice of such application by advertisement in some newspaper published in the city of Denver, or by posting up