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SEC. 5. The boundaries of any city may, at any time, be changed by the County Court, upon application, to be made and acted upon in Boundaries not like manner as the application to be incorporated: Provided, that

to be extended,

except, etc.

if it be proposed to extend the boundaries of the city, the application
shall not be granted, unless a majority of all the qualified electors,
resident within the limits of the additional land intended to be in-
cluded, shall unite in the application; and, Provided, also, that in no
case shall the limits of four square miles be exceeded.

SEC. 6. When an application is made either for an incorporation
or for a change of boundaries, twenty days' notice thereof shall be
given, either by publication in some newspaper printed in the city,
or, if there be none, then by notices posted up in three public places
in the city. Proof of such notice must be made to the court, before
the application is heard. At the hearing, any qualified elector who
has been a resident of the city for thirty days, next preceding, may
appear and file a written opposition, which shall be heard and deter-
mined by the court.

SEC. 7. For the government of every city incorporated under the provisions of this act, there shall be a Mayor, Recorder, and Common Council, to consist of members, one of whom shall be elected president. The said Mayor, Recorder, and Councilmen, shall be a body corporate and politic, by the name and style of "The Mayor, Recorder, and Common Council of the City of

Boundaries of cities may be changed.

Certain limits not to be exceeded.

Notice of application for incorporation or change of boundaries to be published.

Opposition to application.

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Incorporated cities to be governed by a mayor, recorder, and common council.


Election of officers, and who may be candidates and electors.

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," and by that

law, have per-
in all actions

name, they and their successors shall be known in
petual succession, sue and be sued, in all courts and
whatsoever; may grant, purchase, hold and receive property, real
and personal, within said city; may lease, sell, and dispose of the
same for the benefit of the city; may provide for the regulation and
use of all commons belonging to the city, and may have a common
seal and alter the same at pleasure: Provided, that they shall not
purchase or receive any real estate, other than such lands or lots
within the same, as shall be necessary for the erection thereon of
public buildings, or for the laying out of streets or public grounds,
or such lands without the city as may be required for burial

SEC. 8. There shall be elected in said city, at the times and in the
manner hereinafter provided, a mayor, recorder, not less than seven
nor more than twenty councilmen, a City Marshal, a City Attorney,
Assessor, and Treasurer; but no person shall be eligible to any of
said offices, nor to any other office which may be established by
ordinance, nor shall any person be entitled to vote for the same, who

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shall not be a qualified elector, according to the constitution and laws of this state, and who shall not have resided in said city for thirty days next preceding the election. The number of councilmen to be Number of counelected at the first election, shall be fixed by the legislature, or by fixed. the County Court, as the case may be, and such number may be subsequently increased or diminished, by the Common Council within the limits aforesaid.

divided into

SEC. 9. The Common Council shall have power to divide the city City may be into a convenient number of wards, and fix the boundaries thereto, wards. and may change the same from time to time, as they shall see fit, having regard to the number of white male inhabitants, so that each ward shall contain, as near as may be, the same number of such inhabitants. The number of wards of any city shall not exceed the Number of wards. number of councilmen to which the city is entitled, and when a city shall have been so divided, the councilmen shall be elected from the several wards respectively, according to the number of inhabitants.

mon council;

SEC. 10. The members of the common council, elected under this Meeting of comact, shall assemble within five days after their election, and choose a their powers. presiding officer from their number, and some suitable person as clerk. In case of the absence of the president, they may elect a president pro tempore, who shall have all the powers, and perform all the duties of president; they shall, by ordinance, fix the times and places of holding their stated meetings, and may be convened by the mayor at any time. A majority of the members shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as the council may previously by ordinance have prescribed; they shall judge of the qualification, elections, and returns of their own members, and the other officers elected under this act; they may determine contested elections; they may determine rules for their own proceedings; punish any member or other person, for disorderly conduct in their presence; and, with the concurrence of two thirds of their number, expel any member, but not a second time for the same cause; they shall keep a journal of their proceedings, and at the desire of any member, shall cause the yeas and nays to be taken and entered on any question, and their proceedings shall be public.

SEC. 11. The said city council shall have power to make by-laws and ordinances not repugnant to the constitution and laws of the United States, or of this state; to prevent and remove nuisances; to provide for licensing, regulating, and restraining theatrical and other

city council may

make by-laws

for purposes


By-laws to be published.

City council may borrow money.

amusements within the city; to provide for licensing any or all busi-
ness not prohibited by law; to fix the amount of license tax for the
same; to regulate and establish markets; to establish a board of
health; to cause the streets to be cleaned and repaired; to establish
a fire department, and to make regulations to prevent and extinguish
fires; to regulate the inclosure of any common field belonging to or
within the limits of the city; to provide for supplying the city with
water; to impose and appropriate fines, penalties, and forfeitures for
breaches of their ordinances: Provided, that no fine shall be imposed
of more than five hundred dollars, and no offender be imprisoned for
a longer term than ten days; to levy and collect taxes; to lay out,
extend, alter, or widen streets or alleys; to establish and regulate
a police; to make appropriations for any object of city expendi-
tures; to erect and maintain poor-houses and hospitals; to prevent
the introduction and spreading of diseases; and to pass such other
by-laws and ordinances for the regulation of the police of such city
as they shall deem necessary; which by-laws and ordinances shall
be published in the manner to be prescribed by the city council.

SEC. 12. The city council shall have power to borrow money, and
pledge the faith of the city therefor: Provided, that a majority of
the legal voters in said town or city shall so decide by an election;
the notice of said election to be given by the city council at least
twenty days previous to said election; and, Provided, that the
aggregate amount of the debts of the city shall never exceed three
times its annual estimated revenue.

Limitation of amount of direct taxes.

SEC. 13. The direct taxes imposed by the city council in any one year, shall not exceed two per centum of the valuation of property within the city.

SEC. 14. Whenever it becomes necessary for the corporation to take private property for the purposes of laying out or altering streets or alleys, and the council cannot agree with the owner thereof as to the price to be paid, the council may direct proceedings to be taken to ascertain the value of such property.

SEC. 15. To determine such value, a petition, in the name of the commissioners to corporation, shall be presented to the County Court, at a regular term,

Petition for appointment of

value property.

particularly describing the property, and praying the appointment of Notice of present- commissioners to ascertain its value. If the owner is a resident of ing petition.

Proceedings may
be directed to
ascertain value
of property taken
for streets, etc.

the county, he shall have personal notice of the application, and of
the time at which it will be presented. If he be a non-resident of
the county, the notice shall be given by publication, at least three
months, in some weekly newspaper, printed in the county. The

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court, before hearing the application, shall have satisfactory evidence that notice, as required in the preceding section, has been given. When the owner is a non-resident of the county, the court may adjourn the application for such time as may be reasonable, and may direct further notice to be given.

may be

SEC. 16. When satisfied that sufficient notice has been given, the Commissioners court shall, by entry in its minutes, appoint five disinterested persons appointed. commissioners, to ascertain the compensation, specifying in the entry, the time and place for the first meeting of the commissioners.


Their duties.

SEC. 17. The commissioners shall be sworn to discharge their Commissioners duties faithfully and impartially. They shall view the premises, and be worn. ascertain and certify the compensation proper to be paid to the owner for the property to be taken, and may, in their discretion, assess a reasonable sum, to be paid to the owner for costs and expenses. They, or a majority of them, shall make, subscribe, and file with the County Clerk, a certificate of their assessments. The court, upon such Entry of certificate, and due proof that the amount determined has been paid property, etc. to the party interested, or into court, shall cause an entry to be made in its minutes, describing the property, setting forth the ascertainment of compensation, and the payment as aforesaid.

payment for

title in

SEC. 18. Upon such entry being made, the corporation shall be Entry to vest entitled to use and occupy the property as fully as if conveyed to it corporation. by the owner; a certified copy of this entry shall be recorded in the Recorder's office of the county, in the like manner, and with the like effect, as if it were a deed of conveyance from the owner.


SEC. 19. All accounts and demands against said city shall be Demands on city audited by the President of the Common Council, and no money shall and paid. be drawn from the city Treasury unless upon the certificate of the President, by order of the council. The certificate shall be drawn upon the Treasurer of the city, and shall specify the fund out of which the same is payable. The Treasurer shall pay the same out of any money in his hands belonging to said fund.

Salaries and fees

of the mayor and

fixed and

SEC. 20. It shall be the duty of the Common Council to establish and fix the salaries of the Mayor and other city officers, and also to city officers to be fix a tariff of fees for the officers entitled to such, designating the published. fees which shall be allowed for each particular item of service, and cause the same to be published, in like manner with the ordinances passed by the said Common Council.

approved by

SEC. 21. Every ordinance which shall have been passed by the Ordinances to Common Council shall, before it become effective, be presented to the mayor. Mayor for his approbation. If he approve it, he shall sign it; if not,

he shall return it, with his objections in writing, to the Common Council, who shall cause the same to be entered upon its journals, Mayor's approval and shall proceed to reconsider the same. If, after such consideradispensed with. tion, two-thirds of all the members of the Common Council elect shall agree to pass the same, it shall become an ordinance. In all such cases, the votes shall be taken by yeas and nays, and the names of the members voting for and against the same shall be entered on the journal. If any ordinance shall not be returned by the Mayor within ten days (Sundays excepted) after it shall have been presented to him, the same shall become effective, as if the Mayor had signed it.

Mayor to report to council on the

SEC. 22. It shall be the duty of the Mayor to communicate to the condition, etc. of Common Council, at least once a year, and oftener if he shall deem

city once a year.

it expedient, a general statement of the situation and condition of the city, in relation to its government, finances, and improvements; to recommend to the Common Council the adoption of all such measures connected with the public health, cleanliness, and ornament of the city, and the improvement of the government and finances, as he shall deem expedient; to be vigilant and active in causing the laws and ordinances of the city government to be duly executed and enforced, to exercise a constant supervision and control over the conduct and acts of all subordinate officers, to receive and examine into all such complaints as may be preferred against any of them for violation or neglect of duty, and certify the same to the Common Council, who shall act upon the same, and if they find the complaint to be true, shall have power to declare the office of the person so complained against to be vacant, and the same shall be filled as is hereinafter mentioned. SEC. 23. The Recorder, as to offences committed within the city, fences committed shall have the like jurisdiction as is or may be conferred upon Justices of the Peace, to examine and commit persons brought before him, and charged with the commission of offences within the limits of the city, to take recognizance to appear, to keep the peace, and to issue all such writs and processes as a Justice of the Peace may law fully do, subject to all the rules governing Justices of the Peace. SEC. 24. The Recorder shall also have jurisdiction over all violation of recorder. tions of the city ordinance, and may, according to the provisions of

Jurisdiction of recorder as to of

within the city.

Further jurisdic

such ordinance, hold to bail, fine, or commit to prison, persons found
guilty of any violation thereof.

Other duties of mayor.

Duties of city marshal.

SEC. 25. It shall be the duty of the City Marshal, in addition to the duties prescribed to him by the Common Council, to execute and return all process issued by the Recorder, or directed to him by any

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