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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,
if it be proposed to extend the boundaries of the city, the application
SEC. 6. When an application is made either for an incorporation
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.
Incorporated cities to be governed by a mayor, recorder, and common council.
Election of officers, and who may be candidates and electors.
," and by that
law, have per-
name, they and their successors shall be known in
SEC. 8. There shall be elected in said city, at the times and in the
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.
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.
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
By-laws to be published.
City council may borrow money.
amusements within the city; to provide for licensing any or all busi-
SEC. 12. The city council shall have power to borrow money, and
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
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.
the county, he shall have personal notice of the application, and of
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.
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.
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.
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
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.
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.
such ordinance, hold to bail, fine, or commit to prison, persons found
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