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SEC. 13. For the purposes of the first election under this act, the village council of the village of New Prague shall perform and discharge all duties respecting the designation of places of holding elections, the appointment of judges and clerks of election, thc conduct of election, and the canvassing, determining and declaring the result of such election imposed by this charter upon the city council of said city, and in case said election cannot be called and held, pursuant to the provisions of this act, at the time and in the manner by this act provided, then such election shall be called and held at such time as such village council of said village of New Prague may appoint, and within ten (10) days after this act shall take effect, upon at least five (5) days' notice to be given by said village council, by posting in three (3) public places in each of the wards of said city.

Sec. 14. Whenever in the exercise of any of the powers conferred by this act upon the city council it becomes necessary or convenient for said city council to take and appropriate private property, said city council shall have power to, and shall, by ordinance, prescribe the manner in which said private property shall be condemned, and appropriated to such public use, and the manner of ascertaining and determining the damage and compensation therefor and making award thereof.

SEC. 15. The city council may, whenever deemed necessary or ex: pedient, cause to be made, at the expense of the city, repairs upon any public highway leading into said city, beyond the limits of said city.

Sec. 16. This act shall take effect and be in force from and after

its passage.

Approved April 4, 1891.

CHAPTER 47.

5 sn.134 [H. F. No. 911.] 93N, 911

AN ACT TO AMEND CHAPTER EIGHT (8) OF THE SPECIAL LAWS OF

THE STATE OF MINNESOTA FOR THE YEAR EIGHTEEN HUNDRED
AND EIGHTY SEVEN (1887), ENTITLED “AN ACT TO AMEND AND
CONSOLIDATE THE CHARTER OF THE CITY OF MANKATO, STATE
OF MINNESOTA,” AS AMENDED BY CHAPTER TWELVE (12) OF
THE SPECIAL LAWS OF THE STATE OF MINNESOTA FOR THE
YEAR EIGHTEEN HUNDRED AND EIGHTY-NINE (1889), ENTITLED
"AN ACT ENTITLED AN ACT TO AMEND THE CHARTER OF THE
CITY OF MANKATO IN THE STATE OF MINNESOTA."

Be it enacted by the Legislature of the State of Minnesota:

SECTION 1. That Chapter eight (8) of the Special Laws of the state of Minnesota for the year eighteen hundred and eighty-seven (1887), being an act to amend and consolidate the charter of the city of Mankato, state of Minnesota, as amended by Chapter twelve (12) of the Special Laws of the state of Minnesota for the year eighteen hundred and eighty-nine (1889), being “An act entitled an act to amend the charter of the city of Mankato in the state of Minnesota,” is hereby amended to read as follows:

CHAPTER I.

CITY AND WARD BOUNDARIES.

SECTION 1. All the district of country in the county of Blue Earth, State of Minnesota, contained within the subdivisions and boundaries hereinafter described, shall be a city by the name of Mankato, and the people now inhabiting and those who shall hereafter inhabit within the district or county hereinafter described shall be a municipal corporation by the name of the City of Mankato," and by that name shall sue and be sued, and be impleaded in any court, and make and use a common seal and alter at pleasure, and take, hold and purchase, lease and convey any and all such real and personal or mixed estate as the purposes of the corporation may require, within or without the limits aforesaid; shall be capable of contracting and being contracted with, and shall have the general powers possessed by a municipal corporation at common law; and in addition thereto shall possess the powers hereinafter specifically granted, and the authorities thereof shall have perpetual succession.

SEC. 2. The subdivisions of land included in and constituting the city of Mankato shall be as follows, to-wit: Lot one (1) and the south half (1) of the southeast quarter (1) of section six (6), lots one (1), two (2), three (3) and four (4), and the southwest quarter (1) of the southeast quarter (1), and the east half (!) of the east half (1) of the southeast quarter (t), and the east half (?) of the northeast quarter (1) of section seven (7), and the southwest quarter (1) of the northwest quarter (1), and the west half (1) of the southwest quarter (1) of section eight (8), and the west half (?) of the northwest quarter ( }) of section seventeen (17), and the northeast quarter (t) of the northwest quarter (i), and the west half (1) of the southwest quarter (t), and the northeast quarter (1) of the southwest quarter (:), and the north half (1) of the southeast quarter (1) of section eighteen (18), and the west one-fourth (1) of the west one-half (?) of the east one-half (!) of section seventeen (17), and also the west one-fourth (1) of the west one-half () of the southeast quarter (1) of section eight (8), all in township one hundred and eight (108), in range twenty-six (26) west of the principal meridian. Also, lot two (2) in section thirteen (13) and lot fourteen (14) in section fourteen (14) in township one hundred and eight (108), range twenty-seven (27). Also, all of the territory and land in the county of Blue Earth and the state of Minnesota, embraced within the following boundaries, to-wit: Commencing at a point on the town line in the centre of the Minnesota river where the north line of town one hundred and eight (108), range twentyseven (27), crosses said river, opposite the northwest corner of government lot five (5), in section one (1), town one hundred and eight (108), range twenty-seven (27); thence east along town line between town one hundred and eight (108) and one hundred and nine (109) to the northeast corner of section six (6), town one hundred and eight (108), range twenty-six (26); thence south along the east line of said section six (6) to the northwest corner of the southwest quarter (1) of the southwest quarter (1) of section five (5), town one hundred and eight (108.), range twenty-six (26); thence east to the northeast corner of the southeast quarter (1) of the southwest quarter (1) of said section five (5); thence south along the quarter line through sections five (5),

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eight (8) and seventeen (17), to the southeast corner of the southwest quarter (1) of section seventeen (17); thence west along the south line of section seventeen (17) and eighteen (18), in town one hundred and eight (108), range twenty-six (26), to the northeast corner of the northwest quarter (1) of the northwest quarter (1) of section nineteen (19), town one hundred and eight (108), range twenty-six (26); thence south to the northeast corner of the southwest quarter (1) of the southwest quarter (1) of said section nineteen (19); thence west to the northwest corner of the southwest quarter (t) of the southwest quarter (I) of said section nineteen (19); thence north along section line between section nineteen (19), town one hundred and eight (108), range twentysix (26), and section twenty-four (24), town one hundred and eight (108), range twenty-seven (27), to the southeast corner of the northeast quarter (1) of the northeast quarter (t) of section twenty-four (24), town one hundred and eight(108),rangetwenty-seven (27); thence west to the centre of the Blue Earth river opposite the southwest corner of govern. ment lot eight (8) in section twenty-three (23), town one hundred and eight (108), range twenty-seven (27);_thence in a general northerly direction along the centre of the Blue Earth river to its junction with the Minnesota river; thence along the centre of the Minnesota river in a general northeasterly direction to the place of beginning. Also, the west one-fourth (1) of the west one-half (1) of the east one-half (!) of section seventeen (17); and also the west one-fourth (1) of the west one-half () of the southeast quarter (1) of section eight (8) in town. ship one hundred and eight (108) north of the base line and in range twenty-six (26) west of principal meridian. Also, lots three (3), four (4) and five (6) and the south half (2) of the northwest quarter (1) and the south half (!) of the northeast quarter (t) and the southwest quarter (1) and the southeast quarter (1) of section thirteen (13), lots eleven (11), twelve (12) and thirteen (13) of section fourteen (14) in township one hundred and eight (108) north of range twenty-seven (27) west. All in said Blue Earth county.

SEC. 3. The said city of Mankato shall be divided into six (6) wards, to be called the first (1st), second (20), third (3d), fourth (4th), fifth (5th) and sixth (6th) wards, and shall be limited, bounded and described as follows, to-wit: All that portion of the city of Mankato commencing on the east bank of Minnesota river, in the centre of Plum street, thence along the centre of Plum street to the centre of Sixth (6th) street, thence southerly along the centre of Sixth (6th) street to the center of Marsh street, thence along the centre of Marsh street to the end of said street, and thence to the city limits in a direct line with said Marsh street, thence north along the east line of the city limits to Rhine street, thence westerly along the centre of Rhine street to the centre of Sixth (6th) street, thence southerly along the centre of Sixth (6th) street to the centre of Vine street, thence along Vine street to the east bank of the Minnesota river, thence up the east bank of the river to place of beginning, shall constitute the second (20) ward of the city of Mankato.

All that portion of the city of Mankato lying northerly of said second (20) ward, shall constitute the first (1st) ward of the city of Man. kato.

All that portion of the city of Mankato lying between the southerly line of the second (20)ward and a line commencing at a point on the east bank of the Minnesota river opposite the end of Hickory street, thence running easterly along the centre of Hickory street to the centre of Hanover street, thence along the centre of Hanover street to the centre of Pearl street, thence along the centre of Pearl street to the centre of Hannah street, thence along the centre of Hannah street to the centre of Main street, thence easterly along the centre of Main street to the city limits, shall constitute the third (3d) ward of the city of Man. kato.

All that portion of the city of Mankato lying southerly of the last described line and between said line and one commencing at a point in the center of “D” street, in Cumming's addition to the city of Mankato, where said “D” street intersects the Minnesota river, thence south along said “D” street to the south line of said addition, thence east along the south line of said addition to the township line between township one hundred and six (106) and one hundred and seven (107), thence south on said township line to the centre of Front street, thence northerly along the centre line of Front street to the centre of Liberty street, thence along the centre of Liberty street to the centre of Fourth (4th) street, thence northerly along the centre of Fourth (4th) street to the centre of Warren street, thence along the centre of Warren street to the centre of Fifth (5th) street, thence along the centre of the Bunker Hill road to the city limits, shall constitute the fourth (4th) ward of the city of Mankato.

All that portion of the city of Mankato lying south and west of the last described line and between said line and a line commencing on the south line of Cumming's addition to said city at the centre of “D” street, where said street intersects said south line, parallel to said “D” street, then south to the centre of Front street, thence westerly along the centre of said Front street to a point forty (40) rods east of the east line of the west half (1) of section thirteen (13) in township one hundred and eight (108), range twenty-seven (27) west, thence south and parallel to the said east line till it intersects the north line of the southwest quarter (1) of the southeast quarter (1) of said section thirteen (13), thence east along said north line about forty (40) rods to the northeast corner of said southwest quarter(t) of the southeast quarter (1) of said section thirteen (13), thence south on government subdivision line to the city limits, shall constitute the fifth (5th) ward of the city of Mankato.

All that portion of the city of Mankato lying west of the last described line and west of the centre line of “D” street shall constitute the Sixth (6th) ward of the city of Mankato.

CHAPTER II.

ELECTIVE OFFICERS AND ELECTIONS.

SECTION 1. There shall be an election for electing such officers as are herein or otherwise by law made elective, on the first (1st) Tuesday in April, eighteen hundred and ninety-one (1891), and every two (2) years thereafter. Such election shall be held on the first (1st) Tuesday in April at such place or places in each ward or election precinct as the common council of said city shall designate, which election shall be held in conformity with the general election laws of the state, except as hereinafter provided.

SEC. 2. The elective officers of said city shall be a mayor, a municipal judge, a special judge, treasurer and recorder, all of which officers shall be residents and qualified voters of said city. Each ward shall elect one (1) alderman who shall be a resident within and a qualified voter of the ward for which he is elected and shall hold his office for the period of two (2) years and until his successor is elected and qualified; Provided, however, all other officers necessary for the proper management of the affairs of the city, unless otherwise provided, shall be chosen by the common council. The mayor, municipal judge, special judge, treasurer and recorder shall be elected for two (2) years and until their successors are elected and qualified.

SEC. 3. The term of every officer elected or appointed under this law shall commence on the second (20) Tuesday of April of the year for which he was elected, and shall, unless otherwise provided, continue for two (2) years and until his successor is elected and qualified; Provided, however, that the judges of election and the places of holding election named in and designated by resolution of the common council duly passed March second (20), eighteen hundred and ninety-one (1891), appointing judges and designating places of holding election for the regular city election of eighteen hundred and ninety-one (1891), shall act and the places of holding election herein designated shall be the legal voting places for the year eighteen hundred and ninety-one (1891), and said resolution shall be sufficient, and the acts and doing of said judges shall have the same legal effect as though the ward boundaries of said city had not been changed.

SEC. 4. Every person appointed to any office by the common council, or elected to any office by the people, may be removed from said office by a vote of twothirds (1) of all aldermen authorized to be elected. But no officer elected by the people shall be removed except for cause, nor unless furnished with a written statement of the charges against him, nor until he shall have had a reasonable opportunity to be heard in his defense. The common council shall fix a time and place for the trial of such officer, of which not less than ten(10) days' notice shall be given, and have power to compel the attendance of witnesses and the production of books and papers and to hear and determine the case; and if said officer shall neglect to appear and answer the charges against him, the common council may declare the office vacant.

SEC. 5. Whenever a vacancy shall occur in the office of mayor or any other elective office of said city by death, removal or resignation, or otherwise, the common council shall have power and it shall be their duty to declare the office vacant by resolution entered upon their minutes. All such vacancies shall be filled by appointment by the common council.

SEC. 6. The person appointed to fill a vacancy shall hold his office and discharge the duties thereof until the next regular election for electing city officers and until his successor is elected and qualified. A plurality of votes shall constitute an election. When two (2) or more candidates for an elective office shall receive an equal number of votes for the same office, the election shall be determined by casting of lots in the presence of the common council at such time and in such manner as they shall direct.

SEC. 7. All persons entitled to vote for state or county officers, and who reside in the ward or election precinct where they offer to vote, shall be entitled to vote for any officer to be elected under this law and

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