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CHAP. 70

Authorized to connect with other railroads.

When act becomes void.

May issue bonds and mortgage property.

Discrimination

in rates between termini in

Gardiner and Augusta prohibited.

Authorized to purchase, etc., property of other railroads.

Authorized to build wharves.

SECT. 4. The corporation is hereby authorized to make connections with any other railroad or railroads, on such terms as may be mutually agreed upon, and to lease its road and property either before or after it shall have been completed, on such terms as it may determine, subject in all cases to the approval of the stockholders in each corporation.

SECT. 5. If the said corporation is not organized, and the location of its route according to actual survey is not filed with the county commissioners of the counties in which the same shall be located, on or before the thirty-first day of December, in the year of our Lord one thousand eight hundred and ninety-four; or if it shall fail to complete its road on or before the thirty-first day of December, in the year of our Lord one thousand eight hundred and ninety-five, then, in either of the above mentioned cases, this act shall be null and void as to all that part of said railroad not completed and finished on or before the date last above mentioned.

SECT. 6. Said corporation is authorized to issue its bonds. from time to time to such amount as may be required for the purposes authorized by this act, in such form as the directors may deem advisable, and to secure the same by mortgages of its road, franchise and property, or in an any other manner.

SECT. 7. The said railroad shall have suitable and convenient termini both in Gardiner and in Augusta, and shall at all times furnish equal facilities for freight and passengers destined to or from either of said cities. All freight and passenger rates, whether in whole or in part over said railroad, shall at all times be the same, whether to or from either of said cities, without discrimination, preference or rebate, direct or indirect, in favor of either against the other.

SECT. 8. The said corporation is authorized to purchase or lease the property and franchises of any railroad corporation in this state, of the same gauge, or to purchase and hold the stock or bonds of any such corporation. And all such corporations are hereby authorized to make such sales or leases. All leases, property, franchises, stocks and bonds so acquired may be pledged or mortgaged under section six of this act.

SECT. 9. The said corporation is authorized to extend and construct its railroad into tide waters of the Kennebec river, and to build such wharves, piers and other structures as may

CHAP. 71

Corporators of
Gardiner shall

Augusta and

procure

subscriptions,

within six

be necessary for terminal facilities in such manner, however,
as not to impair or interfere with public navigation thereof.
SECT. 10. The corporators named as residents of the city
of Augusta, shall, within six months from the approval of
this act, procure a bona fide subscription of forty thousand bona fide
dollars to the capital stock of said corporation and the cor- months.
porators named as residents of the city of Gardiner, shall
procure a like subscription of thirty thousand dollars to said
capital stock. And the set of corporators failing to procure
their proportion of the subscription as aforesaid shall cease
to have any authority to act under this charter, and the ter-
minus of said road shall not be required to be built to the
city in which said delinquent corporators are residents, but
the remaining corporators herein named shall have full power
after such failure to proceed with the organization of said
corporation in the same manner and with the same rights as
if named alone in this act.

how called.

SECT. 11. The first meeting of said corporation may be First meeting, called by any two corporators above named, by notice therefor in writing, a copy of which shall be given in hand or mailed to each corporator at least seven days before the time named. therein for such meeting.

SECT. 12. This act shall take effect when approved.

Approved February 17, 1891.

Chapter 71.

An Act to incorporate the City of Old Town.

Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows:

name.

-rights, powe

SECT. 1. The inhabitants of the town of Old Town, in Corporate the county of Penobscot, shall continue to be a body corporate and politic under the name of the city of Old Town, and as such shall have, exercise and enjoy all the rights, immuni- and privileges ties, powers, privileges and franchises, and shall be subject to all the duties, liabilities and obligations, now appertaining to or incumbent on said town as a municipal corporation, or appertaining to or incumbent on the inhabitants or the selectmen thereof, or provided for by this act.

CHAP. 71

Administration

of affairs vested

in mayor and council.

-council, how constituted.

Executive powers vested in mayor and aldermen.

Powers

relating to fire department, vested in mayor and council.

The two boards comprising city

separately.

-each board

etc.

SECT. 2. The administration of all the fiscal, prudential and municipal affairs of said city, and the government thereof, shall be vested in a mayor and a city council. Said council shall consist of a board of aldermen and a board of councilmen, the latter board to be known as the common council; the board of aldermen shall be composed of as many aldermen as there are wards in said city for the time being, and the common council shall be composed of three times as many councilmen as there are wards in said city for the time being.

SECT. 3. The executive powers of said city generally, and the administration of the police and health departments, with all the powers of the selectmen of said town of Old Town, shall, except as modified by this act, be and hereby are vested in the mayor and aldermen, as fully as if the same had been herein enumerated. All the powers of establishing watch and ward now vested by the laws of the state in the justices of the peace and municipal officers or inhabitants of towns are hereby vested in the mayor and aldermen so far as relates to said city, and said mayor and aldermen are authorized to unite the watch and police departments into one department, and establish suitable regulations for the government thereof.

SECT. 4. All powers relating to the fire department, and all other powers not hereby otherwise provided for, now vested in the inhabitants of said town, or hereby or hereafter vested in the inhabitants of said city or in said city as a body corporate, shall be and are hereby vested in the mayor and city council of said city, to be exercised in accordance with the provisions of this act.

SECT. 5. The city council, in the exercise of the powers council, shall sit appertaining to it, shall, unless otherwise herein provided, act by concurrent vote of the two boards composing it, said boards to sit separately and to have a negative upon each other. Each board may determine the rules of its proceedings, may make rules, enforce attendance of its members at its sessions by penalties not exceeding twenty dollars for each failure to attend, punish its members for disorderly behavior, and, three-fourths of its full membership concurring, may expel a member for sufficient cause, but shall not expel the same member a second time for the same cause. Each board shall keep a record of its proceedings, to be called its journal; and shall judge the election and qualification of its own members; and in case of vacancy in its membership from any cause may, and if such

-may expel a member for cause.

-record of proceedings.

-vacancies, how filled.

CHAP. 71

shall be public.

powers of officers.

presiding

vacancy occur before the first day of January, shall, order a new election for the purpose of filling such vacancy for the unexpired term; and whenever such new election is ordered, the board of aldermen shall forthwith issue its warrant therefor. A majority of the full membership of each branch -quorum. shall constitute a quorum thereof; but a smaller number may, if the actual membership is reduced to less than a quorum by vacancies, order a new election to fill such vacancies, and in any event may adjourn. All meetings of meetings, each board, and all joint meetings of the two boards, shall be in open public session, except the sessions of the board of aldermen for consideration of appointments by the mayor; but all votes on confirmation of appointments shall be taken in public. The presiding officer at all such meetings shall have all the powers of moderators of town meetings. At any such meeting, on request of any two members present, the vote shall be taken by yeas and nays, which shall be recorded by the clerk; and on such vote, no member shall be counted for any purpose except those actually voting. The city council shall, by ordinance, determine the time and place of holding stated or regular meetings of the boards and of the city council; but until otherwise provided by ordinance, such meetings shall be held on the first Tuesday of each month, at seven o'clock in the afternoon, at the building now known as the town hall in said town of Old Town. Each board may, when necessary, elect a president, pro tempore, or a clerk, pro tempore, who shall perform the duties of their respective offices for the particular meeting at which they are so elected; and such clerk shall be sworn by the mayor or the city clerk or any justice of the peace.

council, may place of

fix time and

meetings.

may elect tem and clerk

president pro

pro tem.

officers.

SECT. 6. The terms for which the the officers of said city Tenure of shall hold their respective offices, unless otherwise fixed or terminated by or under the provisions of this act or of the law of the state, by the implied or express limitations of the duties of the particular office, or by some legal cause creating a vacancy therein, shall be as follows: mayor, aldermen, councilmen, wardens, and ward clerks, one municipal year, beginning on the last Monday in March of each year and ending on the last Monday in March of the following year; assessors, overseers of the poor and members of the school board, three years, beginning on the first Monday in April of each year and ending on the first Monday in April of the third

CHAP. 71 following year; and all other officers, one year, beginning on the first Monday in April of each year, and ending on the first Monday in April of the next following year: provided always, that each of said officers, unless his term shall be ended by some cause other than the expiration of the time hereby fixed therefor, shall continue to hold his office and be held to perform its duties until some person has been duly chosen or appointed and qualified in his stead. Whenever a vacancy is created in any office prior to the expiration of the regular term thereof, the person elected or appointed to fill said vacancy shall be elected or appointed for the unexpired portion only of the original term thereof.

-vacancies for
unexpired
term, how
filled.

Qualification, duties and powers of mayor.

-salary.

SECT. 7. The mayor shall be a qualified voter in said city, and shall be chosen by the qualified voters of the whole city. He shall be the chief executive magistrate of the city, and shall be vigilant, impartial and active in causing the laws, ordinances and regulations of the city to be executed and enforced, and in securing to the extent of his power an honest, efficient and economical conduct of the entire executive and administrative business of the city. He shall exercise a general supervision over the conduct and official acts of all subordinate officers, and cause every violation or neglect of duty to be punished. He may call special meetings of the board of aldermen or the common council or the city council when in his opinion the interest of the city requires, by a notice published at least one week prior thereto in one or more of the newspapers published in said city, or by causing a notification to be left at the usual place of abode, of each member of the board or boards to be convened. He shall from time to time, communicate such information and recommend such measures to both or either of said boards or to the city council as the business and interest of the city may in his opinion require. He shall be, ex-officio, the presiding officer of the board of aldermen and of all joint meetings of the two boards: but he shall have no vote therein, except that in case of a tie vote he may have a casting vote on all matters. He shall not receive from the city for any services rendered by him in any capacity any other compensation than the salary hereinafter mentioned, except that the city council may elect him to any city office to which he is eligible, and allow him a reasonable compensation for services rendered in such office. His salary and compensation as mayor shall,

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