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and shall have the general powers possessed by municipal corporations 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 Redwood Falls shall be as follows, to-wit: The west half (!) of section six (6), in township one hundred and twelve (112), range thirty-five (35), all of section one (1), and the east half (1) of section two (2), in township one hundred and twelve (112), range thirty-six (36), all of section thirty-one (31), in township one hundred and thirteen (113), range thirty-five (35), and all of section thirty-six (36), in township one hundred and thirteen (113), range thirty-six (36), as the same is designated upon the plat of the United States government survey, all in said Redwood county.
SEC. 3. The said city of Redwood Falls shall be divided into two (2) wards, to be called the first (1st) and second (20) ward, and shall be limited, bounded and described as follows, to-wit: The first (1st) ward shall comprise all of section thirty-six (36), township one hundred and thirteen (113), range thirty-six (36), the east one half (1) of section two (2), township one hundred and twelve (112), range thirty-six (36), all that part of section one (1), township one hundred and twelve (112), range thirty-six (36), which lies west of a line extending north and south through and along the centre of Washington street, and from the southern terminus thereof to the south line of the aforesaid section one (1), which said Washington street is one of the streets of the old village of Redwood Falls, Minnesota.
The second (20) ward shall comprise all the territory within said city of Redwood Falls not hereinbefore included in the aforesaid first (1st) ward.
Each of said wards shall constitute one (1) election precinct.
SEC. 4. The city council of said city shall have the power, by ordinance, to change the boundaries of said wards or increase the number thereof to not exceeding five (5), as the convenience of the inbabitants may require—such wards containing, as nearly as practicable, an equal number of voters
CHAPTER II. ·
ELECTIVE OFFICERS AND ELECTIONS.
SECTION 1. There shall be an annual election for electing such officers as are herein or otherwise by law made elective. Which election shall be held on the first (1st) Tuesday after the first (1st) Monday in January of each year, at such place or places in each ward or election precinct as the common council of said city shall designate, and the polls in this city shall be kept open upon each and all elections from one (1) o'clock in the afternoon until five (5) o'clock in the afternoon. Ten (10) days previous, notice shall be given by the city recorder of said city of the time and places of holding each election in each ward or election precinct of said city, also of the officers to be elected, by causing a notice of the same to be posted in at least one (1) public place in each ward or election precinct of said city, if such precincts shall be established as hereinafter provided, and by publishing such notice in the official paper of said city for at least one (1) week before the day of said election; but any failure to give notice shall not invalidate said election.
SEC. 2. The elective officers of said city shall be a mayor, a municipal judge, treasurer and city recorder, all of which officers shall be residents and qualified voters of said city. Each ward shall elect two (2) aldermen, only one (1) of which shall be elected each year (after the first election), who shall be residents within and qualified voters of the ward for which they may be elected and shall hold their office for two (2) years. All other officers necessary for the proper management of the affairs of this city, unless otherwise provided, shall be chosen by the common council. All other elective officers excepting aldermen, as herein provided, shall hold their offices for one (1) year, or until their successors are elected and qualified.
SEC. 3. 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 two-thirds () of all the 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 bis 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. 4. Whenever a vacancy shall occur in the office of mayor or any other 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, excepting in case of a vacancy occurring in the office of aldermen; such vacancy shall be filled by the aldermen of the ward in which such vacancy occurs; Provided, if there be two (2) vacancies in the office of alderman of any one (1) ward, or if there be one (1) vacancy in the office of alderman of any ward, and the remaining aldermen of such ward either refuse or are unable, on account of a tie vote, to appoint a person to fill such vacancy, then shall all vacancies in the office of alderman in such cases be filled by appointment by the common council.
The person appointed to fill a vacancy shall hold his office and discharge the duties thereof till the next regular election for electing city officers, and until his successor is elected and qualified.
All elections by the people shall be by ballot, and each ballot shall contain the names of the persons voted for, with proper designation of the office written or printed thereon, and 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 the casting of lots in the presence of the common council, at such time and in such manner as they shall direct.
SEC. 6. 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 to hold any office hereby created; Provided, their names shall have been duly inserted in the list of qualified electors of the ward or election precinct in which they reside, as in the election of state and county officers, and the different wards established by law or such election precincts as may hereafter be established by the common council shall constitute election districts for state and county, as well as city elections, and the mode of conducting all state and county elections in said city shall be in the manner herein provided in the city elections; except that the returns thereof shall be made by the judges of election to the auditor of the county of Redwood within the time provided by law.
SEC. 7. Until election precincts shall be established in said city, as hereinafter provided, the elections in said city shall be held and conducted by the aldermen in each ward, who shall be the judges of election in their respective wards in all elections of state, county or city officers and at all special elections, and shall take the usual oaths of affirmation, as prescribed by the general laws of the state to be taken by judges of elections, and shall have power to appoint clerks of such elections and to administer the necessary oaths.
Said elections shall be held and conducted in the manner and under the same penalties as provided for state and county elections, and vacancies among the judges thereof filled as required by the laws of this state regarding elections; Provided, that no person shall be a judge of any election at which he is a candidate for any office, and provided that in all city elections the aldermen of their respective wards or the judges of election in each election precinct shall meet on the day preceding such election to correct the poll list, and shall be entitled to but one (1) day's pay for such extra services.
SEC. 8. When a city election shall be closed and the number of votes for each person voted for shall have been counted and ascertained, the said judges, unless their duties are modified by the appointment of auditing boards, shall make returns thereof, stating therein the number of votes for each person for each and every office, and shall deliver or cause to be delivered such returns to the city recorder within three (3) days after any election, and the common council shall meet and canvass said returns and declare the result, as it appears from the same, within three (3) days thereafter. The recorder of the common council shall forth with notify the officer or officers elected of their election by written notice, served upon such officers in person or left at their usual place of abode with some person of suitable age and discretion.
SEC. 9. Special elections to fill vacancies, or for any other purpose, shall be held and conducted by the aldermen of each ward or the judges of such election precincts in the same manner, and the returns thereof made in the same form and manner as in general and annual elections, and within such time as may be prescribed by resolution, excepting as the duties of judges of election may be modified or changed by the appointment of auditing boards, as hereinafter provided.
SEC. 10. An officer removing from the city or ward for which he is elected, or any officer who shall refuse or neglect for ten (10) days after notice of his election or appointment to enter upon the discharge
of the dnties of his office, shall be deemed to have vacated his office, and the common council shall proceed to fill the vacancy, as herein prescribed.
SEC. 11. The term of every officer elected under this law shall commence on the second (20) Tuesday after the first (1st) Monday of January of the year for which he was elected, and shall, unless otherwise provided, continue for one (1) year and until his successor is elected and qualified.
Sec. 12. Should there be a failure by the people 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' notice of the time and place being given, in the same way as provided herein for general elections.
SEC. 13. The city council may, at any time at least twenty (20) days previous to any general election for city officers or general election for state and county officers each year, as they see fit, divide the city into as many election precincts as they deem it necessary, and shall designate the boundaries of each election precinct of said city, and for that purpose may divide the several wards into such number of precincts as they may think best; but no election precinct shall extend over or out of the territory of more than one (1) ward. The common council may provide, by ordinance, for judges of election in the several election precincts and prescribe their duties, and for each and every other requirement necessary to carry this section into effect. The city once having been divided into election precincts, it shall so remain until the boundaries of such precincts are changed by the common council, as herein provided.
OFFICERS—THEIR POWERS AND DUTIES.
SECTION 1. Every person elected or appointed to any office under this act shall, before he enters upon the duties of his office, take and subscribe an oath of office and file the same, duly certified by the officer administering the same, with the city recorder; and the treasurer, street commissioner, recorder and such other officers as the common council may direct, shall severally, before they enter upon the duties of their respective offices, execute to the city of Redwood Falls a bond, with at least two (2) sureties satisfactory to the common council, and such bonds shall contain such penal sums and such conditions as the common council may deem proper; and they may, from time to time, require new or additional bonds, and remove from office any officer refusing or neglecting to give the same.
SEC. 2. The mayor shall take care that the laws of the state and the ordinances of the city are duly observed and enforced, and that all other executive officers of the city discharge their respective duties. He shall, from time to time, give the common council such information and recommend such measures as he may deem advantageous to the city. The mayor shall be the chief executive officer and head of the police of the city, and shall appoint such police officers and watchmen, except when otherwise provided for, and in case of a riot, or other disturbances, he may provide as many special or temporary constables as he may deem necessary; and any police offi
cer or watchman appointed by the mayor as aforesaid, may be discharged from office by him whenever, in his opinion, the welfare of the city may
demand it or a reduction of their number renders it necessary. All ordinances and resolutions shall, before they take effect, be presented to the mayor, and, if he approve thereof, he shall sign the same; and such as he shall not sign he shall return to the common council, with his objections thereto, by depositing thesame with the recorder to be presented to the common council at their next meeting thereafter. And upon the return of any resolution or ordinance by the mayor, the same vote by which the same was passed shall be reconsidered, and if, after such reconsideration, the common council shall pass the same by a vote of two-thirds () of those present and voting, it shall have the same effect as if approved by the mayor, and in such case the vote shall be by ayes and noes, which shall be entered in the record by the recorder. If any ordinance or resolution shall not be returned by the mayor within five (5) days (Sundays excepted), exclusive of the first (1st), after it shall have been presented to him, the same shall have the same effect as if approved by him.
SEC. 3. The mayor shall have a salary of tisty (50) dollars per year, and he shall be president of the common council, but shall not hold any other office under the authority of the city. The mayor shall have no vote at any meeting of the common council, excepting in case of a tie, at which time it shall be his duty to vote upon the question before the council upon which a tie vote is had. His duties as presiding officer shall be confined during all meetings of the common council to the enforcement of such parliamentary usages as the common council may adopt. All contracts and appropriations shall, be. fore they take effect, be presented to the mayor, and, if he approves thereof, he shall sign the same; and such as he shall not sign he shall return to the common council with his objections thereto, and the same proceedings shall be had thereon as provided in section two (2) of this chapter, in relation to ordinances and resolutions. The mayor shall sign all orders drawn upon the treasurer. At the first (1st) meeting of the common council in each year they shall proceed to select by ballot from their members a vice president, and in the absence of the mayor from the city or his inability from any cause to discharge the duties of his office, the said vice president shall exercise all the powers and discharge all the duties of mayor. The vice president of 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. In case the mayor shall be absent from any meeting of the common council the vice president shall act as presiding officer for the time being, and discharge the duties of said mayor.
In case of the absence of the mayor and vice president from any meeting of the common council, or the inability of both of them to act, the members thereof may elect one of their members present to preside at such meeting, and the acts of such member so presiding shall have the same force and effect as the acts of the mayor at all times during the inability of the mayor or vice president to act.
The mayor shall have authority to revoke and cancel for cause any license issued by the common council by serving a written notice upon the person holding the same that such license is revoked and canceled, and the same shall thereafter be null and void, and he shall