Gambar halaman
PDF
ePub

able in ten (10) years in a sum not exceeding two thousand dollars ($2,000).

SEC. 6. Public Act.—This act is hereby declared to be a public act and may be read in evidence in all the courts within this state without proof.

SEC. 7. Plats, Papers, Etc., to be Fibed in Recorder's Office. — All papers, files, plats, and other public records to be kept, preserved and filed, unless otherwise provided for in this act, shall be placed on file and preserved in the office of the city recorder; except this shall not apply to plats now on record in the register of deeds office for said county.

SEC. 8. 'Laws Not to Affect this Act.—No law of this state contravening the provisions of this act, shall be considered as repealing, amending or modifying the same, unless such purpose be clearly set forth in such law.

SEC. 9. ProcessHow Served Against City.—When any suit or action shall be commenced against said city, service of process therein shall be made by leaving a copy thereof, by the proper officer, with the mayor or recorder, and it shall be the duty of the mayor or recorder forthwith to inform the city council thereof, and to take such other proceedings as by the ordinances or resolutions of the city council may have been in such case provided.

SEC. 10. Actions to be in Name of City. - All actions brought to recover any penalty or forfeiture under this act, or the ordinances, by-laws or police or health regulations made in pursuance thereof, shall be brought in the corporate name of the city.

SEC. 11. City Not Liable for Board of Prisoners in State Cases.—The city of Warren shall not be liable in any case for the jail fees of any person committed to the common jail of Marshall county by any officer of the city or a magistrate of said city for offenses punishable under the general laws of the state.

SEC, 12. City Property Exempt.-The public property of said city shall be exempt from seizure or sale on execution and from taxation.

SEC. 13. Inhabitants not Incompetent as' Jurors, Etc. - No person shall be an incompetent judge, justice of the peace, witness or juror by reason of his being an inhabitant of said city in any proceeding or action in which the city shall be a party in interest. SEC. 14. City of Warren Separated From Town of Warrenton.-

The city of Warren shall be entirely separated from the said town of Warrenton, whose organization shall, upon the passage of this, cease to exist within the limits of said city of Warren.

SEC. 15. Prosecutions-How Instituted.In all prosecutions for any violation of this act, the first process shall be by warrant on complaint being made; Provided, that no warrant shall be necessary in any case of the arrest of any person or persons while in the act of violating any law of the State of Minnesota, ordinance or by-law of said city; may be directed to the chief of police or any police officer of said city, or as generally directed under the laws of this state, but may be served by any person authorized by law to serve process in the county of Marshall.

SEC. 16. All acts or parts of acts inconsistent with this act are hereby repealed.

SEC. 17. This act shall take effect and be in force from and after its passage.

Approved April 3, 1891.

CHAPTER 45.

[S. F. No. 596.]

AN ACT TO INCORPORATE THE CITY OF LE SUEUR, LE SUEUR COUNTY,

MINNESOTA, AND REPEAL THE PRESENT ACTS OF INCORPORATION
OF THE BOROUGH OF LE SUEUR.

[ocr errors][merged small][merged small][merged small]

.

SECTION 1. Creation of Corporation. That all the district of the country contained within the limits and boundaries hereinafter described, shall be a city by the name of the “City of Le Sueur," and the people who now do and hereafter may reside therein shall be a municipal corporation by the name of the “City of Le Sueur," and by that name shall sue and be sued and impleaded in any court, make and use a common seal and alter it at pleasure, and take, hold, purchase, lease, sell and convey such real, personal and mixed estate as the purposes of the corporation may require, or the exigencies of the business may render convenient, within or without the city, and the same shall be free from taxation; shall be capable of contracting and being contracted with, and have the general powers possessed by municipal corporations at common law, and in addition thereto shall possess the powers hereinafter specially granted, and that the authorities thereof shall have perpetual succession.

SEC. 2. City Boundaries.-—The boundaries of said city shall be as follows: Sections number one (1) and two (2), lots number one (1) and two (2) in section three (3), lot three (3) in section ten (10), lot one (1) and the east half (1) and the southwest quarter (1) of the northwest quarter (1) and the northeast quarter (1) of section eleven (11) and the north half (1) of section twelve(12), all in township number one hundred and eleven (111) north of range twenty-six (26) west, and all that part of town. ship number one hundred and twelve (112) north of range number twenty-six (26) west, as follows, to-wit: Commencing at the southeast corner of said township, thence running north to the Minnesota river, thence in a southerly direction along said river to the south side of said township, thence east to the place of beginning; and the jurisdiction of said city shall extend ten (10) rods across said Minnesota river, and all city ordinances and police regulations of said city for the detection and punishment of crimes and misdemeanors and for the preservation of health, peace and good order of the said city shall have like effect, and be enforced in the same manner, on and over the same as within the aforesaid limits of said city.

SEC. 3. Change of Wards.— The common council of said city shall have the power by ordinance to divide the said city into wards and establish and change the boundaries of said wards, or increase the number thereof to not exceeding three (3), as the convenience of the inhabitants may require, such wards containing, as nearly as possible, an equal number of voters.

[ocr errors]

SEC. 4. Additional Territory- Police and Sanitary Purposes. - That all that portion of section number thirty-five (35) lying west of the Minnesota river, all in township one hundred and twelve (112), range twenty-six (26), be, and the same is hereby, attached to the city of Le Sueur and included within the corporate limits thereof for police and sanitary purposes only, and the said city of Le Sueur shall have and possess all police and sanitary powers over the territory above described, which are now possessed by said city under its charter over the incorporate limits of said city.

CHAPTER II.

ELECTION OF OFFICERS.

SECTION 1. Annual City Election.— There shall be held an annual election for elective officers hereinafter provided on the first (1st) Tuesday of April of each and every year, at such place in said city, or each ward thereof, as the common council shall designate, and shall be conducted in all respects in accordance with the general election laws of the state, except as hereinafter qualified. Ten (10) days' previous notice shall be given by the common council of the time and place of holding such election and the officers to be elected, by posting by the city clerk notice thereof at each place of election in the city and by publishing the same in the official paper of the city. The common council shall, in due time before any election, constitute a full board for each election district, as provided in this act.

SEC. 2. Special Elections. -Special elections for any purpose shall be held and conducted in all respects as general or annual elections under this charter, and upon notice of not less than ten (10) days, which notice shall distinctly specify the objects of said election.

SEC. 3. Elective Officers and Terms of office.— The elective officers of said city shall be a mayor, clerk, treasurer, assessor, two (2) justices of the peace, who shall be styled city justices, and two (2) constables, who shall hold their respective offices for two (2) years and until their successors are elected and qualified, and five (5) aldermen whose terms of office shall be three (3) years and until their successors are elected and qualified; Provided, that when the city shall hereafter be divided into two (2) or more wards, the city as a whole shall elect no justices of the peace, constable or aldermen, but there shall be elected from each ward one (1) justice of the peace, one (1) constable, and three (3) aldermen. All of said officers shall be residents within and qualified voters of the city and of the ward for which they are elected; Provided, that the officers of the present borough shall hold their offices for the full term for which they are elected, and the common council shall so arrange, as soon as possible, whenever the city shall be divided into wards, that each ward elects one (1) alderman each year, except to fill vacancies; and for that purpose shall, previous to the first election next to be held under this charter, and at any subsequent election, in case of filling vacancies, designate for what term, if any, aldermen shall be elected in each ward, in order to arrive at and maintain the desired requirement of electing one (1) alderman each year in each ward; Provided, that at the first election under this charter in April, one thousand eight hundred and ninety.one (1891), there shall be elected from the city two (2) aldermen for a term of three (3) years each, and at the annual election in the year one thousand eight hundred and ninety-two (1892), there shall be elected one (1) alderman for a term of three (3) years, and thereafter, until the said city shall be divided into wards, there shall be elected each year two (2) aldermen, except that every third (3d) year after the year one thouseight hundred and ninety two (1892) there shall be elected but one (1) alderman.

SEC. 4. Commencement of Term of Elective Officers. — The official term of all officers elected under the provisions of this act shall commence on the second (20) Tuesday of April in each year.

SEC. 5. Vacancies - How Created. Any officer removing from the city, or ward, for which he is elected or appointed, or who shall neglect or refuse, for ten (10) days after notice of his election or appointment, to qualify or enter upon the duties of his office, shall be deemed to have vacated the same, and the common council shall declare the office vacant and proceed to fill such vacancy as herein prescribed.

SEC. 6. Vacancies How Filled.— Whenever a vacancy shall occur in the office of any elective officer in said city, excepting that of mayor, which is hereafter provided for, such vacancy shall be filled by appointment by the common council until the next annual election, and the successor of the person so appointed to fill any vacancy as aforesaid, shall be elected at such election for the unexpired term.

SEC. 7. President and Vice President of Council - How Elected.— At the first meeting of the common council after the annual election in each year, or as soon thereafter as may be, they shall proceed to elect by ballot from their number a president and vice president. The president shall preside over the meetings of the common council in the absence of the mayor, and during the absence of the mayor from the city or his inability from any cause to discharge the duties of his office, the president shall exercise all the powers and discharge all the duties of the mayor. In case the president shall be absent, the vice president shall discharge the duties of such president and act in his place; and during the absence of both mayor and president from the city, or their inability from any cause to discharge the duties of their respective offices, the vice president shall, during such absence or inability, exercise all the powers and discharge all the duties of mayor. The president, vice president, or a temporary presiding officer elected by the common council, while performing the duties of mayor, shall be styled the acting mayor, and acts performed by him while acting as mayor, as aforesaid, shall have the same force and validity as if performed by the mayor. The mayor, president and vice president of the common council shall have the right to administer oaths and affirmations.

SEC. 8. Vacancy in the Office of Mayor -- How Filled. - In the case of a vacancy in the office of mayor, by death, resignation or otherwise, the president of the common council succeeds to the office of and becomes mayor of the city until the nextannual election, and the vacancy caused thereby in the common council shall be filled by that body as herein provided. In the absence from the city of the mayor, president and vice president of the common council, or in case of their inability to discharge the duties of their respective offices, if it should become necessary or proper that either of said officers should discharge a public official duty in said city, the common council shall

meet forthwith and appoint of their own number a president pro tempore, who shall become acting mayor and exercise all the powers and duties of the office for the time being.

SEC. 9. Qualifications of Voters. — All persons entitled to vote for state or county officers, and who shall have resided in the state for four (4) months immediately preceding the election and ten (10) days in the ward in which they offer to vote and shall be bona fide residents of the city at the time of election, shall be entitled to vote for any officer at any election held under this act, and a plurality of votes shall constitute an election.

Sec. 10. Tie in Elections.-Whenever two (2) or more candidates for any elective office shall receive an equal number of votes for the same office, the election shall be determined by the casting of lots in the presence of the common council, at such time and in such manner as they may direct, of which time and place said candidates shall have notice.

SEC. 11. Election Districts Judges of Election Duties.—Said city of Le Sueur, or each ward thereof, shall constitute an election district for state and county, as well as for city elections. The elections in said city shall be held and conducted by the aldermen of said city or each ward thereof and one (1) or more electors of said city or ward, to be appointed by the common council, who shall be judges of election, and they shall have power to appoint clerks of such election. In alí other respects the elections shall be conducted in the same manner and under the same penalties, judges and clerks of election shall have the same duties and powers and receive the same compensation, and vacancies in the board shall be filled, as required by the laws of this state regarding elections; except that the returns of all elections for city officers shall be made to the city clerk as hereinafter provided, and that no candidate at any such election shall act as judge or clerk of election.

SEC. 12. Election Returns.—Whenever any city election shall be closed and the votes cast thereat counted and the result ascertained, the said election board shall make a return thereof, with an abstract of all the votes cast at such election, stating the whole number of votes for each person and each office, or upon any or all propositions, affirmative or negative, of any propositions submitted to the people of said city at such election, and shall, within three (3) days thereafter, deliver or cause to be delivered by one of their number into the hands of the city clerk such abstract and return, and the common council shall meet and canvass such returns, and declare the result as it appears from the same, on or before the Monday next succeeding such election. The city clerk shall then forthwith notify the officer or officers elected of their election by written notice served upon such officers in person or left at the house of their usual abode with some person of suitable age and discretion then resident therein. Certifi. cates of election shall be issued to all elective officers of said city under the direction of and in the manner and form as the common council may prescribe.

SEC. 13. New Elections - Notice.—Should there be a failure by the people for any cause to hold any city election at the time or in the manner herein prescribed, or to elect any officer herein required to be elected on the day designated, the common council may order a new election to be held, ten (10) days' previous notice of the time and place

« SebelumnyaLanjutkan »