1 Twin Cities Campus UNIVERSITY Y OF OF THE REGENTS NESOTA MINNEAPOLIS CHARTER CITY --AND- ORDINANCES. COURT AND BOARD ACTS PARK ORDINANCES, SANITARY REGULATIONS, COUNCIL AND BOARD RULES, ETC. PUBLISHED BY AUTHORITY OF THE CITY COUNCIL OF THE CITY OF MINNEAPOLIS, COMPILED AND ANNOTATED UNDER DIRECTION OF HON. SEAGRAVE SMITH, CITY ATTORNEY, IN CITY ATTORNEY, BY And LARS M. RAND, Asciscanty ED. A. STEVENS VOLUME I. MINNEAPOLIS : HARRISON & SMITH. 1888. In compliance with current copyright law, the University of Minnesota Bindery produced this facsimile on permanent-durable paper to replace the irreparably deteriorated original volume owned by the University of Minnesota Library. 2011 352.073 Mblá 08 CONTENTS-VOL, I. OFFICERS OF THE CITY OF MINNEAPOLIS, 1888. . 3 "ACT CONSOLIDATING THE CITIES OF ST. ANTHONY AND MINNEAPO- LIS INTO ONE CITY," etc... 9 CITY CHARTER. Chapter 1.-City and Ward Boundaries.--Taxes levied in 1886.-City election 1887... 11 Chapter II.-Officers and Elections.-Vacancies and removals.-Mis- conduct, etc.-Conflicting laws.... 19 Chapter III.—Powers and Duties of Officers.—Jurisdiction of Munici- pal Court... 28 Chapter IV.-City Council: General Powers and Duties.-Restrictions. relative to sale of liquors.--Ordinances, resolutions, etc.—Adjust- ing accounts.-Condemnation proceedings.-Industrial Exposi- tion.-Revocation of licenses.-Powers exercised by resolution, when.. Chapter V.-Financial.-Assessments and tax proceeds; how appro- priated.-Licenses and proceeds.-Bonded indebtedness.-Settle- ments and apportionments.-Orders; how issued, paid and can- celled.-Depositories.. Chapter VI.-Police Commission: Powers and Duties.-Qualifications for police appointments.-Reports, etc... Chapter VII.-Fire Department.-Fire limits.-Chief Engineer and Assistants. Fire Marshal and Police.-Wooden structures, side- walks, etc.. Chapter VIII.-Streets, Alleys and Public Grounds.-Bridges, water courses, sidewalks, pavements, etc.-Improvements and repairs. -Liability for injuries.-Void contracts.... • 39 60 77 83 87 103 Chapter IX.—Water Works, Mains, Sewers and Drainage.—Gas and water pipes.--Electric wires.-Water rates, etc.. Chapter X.-Local Improvements. - Special assessments, appraise- ments, awards, benefits and damages.-Confirmations, appeals, etc.-Streets, sidewalks, water works, paving, etc.. Chapter XI.-Miscellaneous Provisions.-Ordinances, resolutions, etc. -Criminal and civil actions.—Official printing, etc.. Chapter XII.-Library Board: Powers and Duties.-Tax-levy and pro- ceeds. Real estate acquired and sold.. Charter a Public Act.-To take effect.- Tax-levy act not modified..... 163 References to Amendments (1881 to 1887, inclusive). . . . . . • • 118 150 156 • 165 2 CONTENTS-VOL. I. Municipal Court.. Court Reporter. • • • City Justices.. COURT ACTS. • • References to Amendments to Municipal Court Act (1877 to 1887).. BOARD ACTS. 203 223 225 226 Board of Education.. References to Amendments (1879 to 1887, inclusive). Board of Park Commissioners. Parkway Act... • References to Amendments to Park Acts (1885 to 1887, inclusive). City Forester. • Board of Court House and City Hall Commissioners. Board of Tax-Levy……….. SPECIAL ACTS. Layman Cemetery.-Land for street from. Bonds.-Miscellaneous city purposes Bonds.-Bridge at Franklin Avenue.. · Bonds.-Bridge at Twentieth Avenue North. Steel-Arch Bridge..... Central Market.-Confirming ordinance.. • • + · • • 300 309 311 331 332 • • 333 335 349 401 403 • 406 407 409 • 409 Summary of Legislative Acts Relating to Minneapolis (1855 to 1887)... 411 City Council.. RULES AND REGULATIONS. Board of Education.. • Same.-Government of Schools. Board of Park Commissioners. Library Board. ■ • • • • Board of Court-House and City-Hall Commissioners. Board of Police Commissioners. Same.--Government of Police. Fire Department.. • 451 456 460 470 476 • 478 480 482 • • • • 491 City Charter. * INDEX. • 3 Court Acts.. Board Acts. Special Acts. Rules and Regulations. 119 143 180 182 * Page numbers of Index begin with No. 1, separate Indexes being printed at the end of each volume. For City and Board Ordinances, Ordinance Sumamry, etc., see Volume II. 1 CITY AND BOARD OFFICERS-1888. MAYOR, ALBERT A. AMES Clerk--Chas. C. Ames. President oF CITY COUNCIL, TITUS MARECK Acting Mayor in Absence of Mayor. City Clerk, CHAS. A. CORNMAN Assistant-Frank J. Lieben. Cou CITY COUNCIL. Aldermen, First Ward... TITUS MARECK, Pres't, E. J. L'HERAULT CHAS. A. HANSCOM. Second Ward........DAVID M. CLOUGH, EDWARD M. JOHNSON, FRED. C. Barrows. Third Ward......Wм. H. MILLS, WM. MCARDLE, JOHN GILMAN Fourth Ward.. BERNARD CLOUTIER, Vice Pres't, HENRY C. MORSE, EMERSON COLE. Fifth Ward...CALVIN W. CLARK, THOS. Downs, Alonzo PHILLIPS Sixth Ward....JACOB STOFT, JOHN M. GLEASON, Claus JOHNSON Seventh Ward...... AUGUST J. NOERENBERG, EDWARD T. GIBSON, THOS. P. Dwyer. Eighth Ward.........George W. COOLEY, Albert Lawrence, ORVILLE A. STONEMAN. Ninth Ward........Robert Ervin, John Kerr, Herman VogT HENRY OSWALD, VINCENT Reeves Tenth Ward………. Eleventh Ward.. • JAMES D. MULDOON, JAMES L. JOHNSON, LARS SWENSON. Twelfth Ward... .CALEB TINGLEY, JAMES L. PARKER Thirteenth Ward........CHRIS. C. GARVEY, ALFRED F. NICHOLS 4 CITY AND BOARD OFFICERS. City Comptroller, - FRANKLIN G. HOLBROOK Deputy-Edward V. Harman. City Treasurer, EDER H. MOULTON Assistant-James B. Modisette. City Attorney, SEAGRAVE SMITH Assistant--Lars M. Rand. City Engineer, ANDREW RINKER Assistants-W. D. VanDuzee, C. O. Huntress, I. E. Howe, F. W. Cappelen. Chief Clerk-R. L. Cox. City Assessor, SWEET W. CASE Assistants-T. M. Bohan, John M. Williams, Dwight Crandall, John G. Mc- Farlane, E. B. Peaslee, W. H. Lackey, E. W. Lowe, Chas. Huntoon, W. W. Woodward, C. F. Douglas. Clerk-Wm. B. Jones. Health Officer, Assistant-Dr. John B Dunn. DR. SAMUEL S. KILVINGTON Clerk-Claribel S. Bard. City Physician, DR. JAMES H. DUNN Superintendent of the Poor. MYRON R. CURTISS Inspector of Buildings, HENRY J. BAuman Assistants-James L. Gavegan, August Siegman, Hugh Jennings, Etienne St. Hilaire, Paul Nass. Inspector of Meats and Provisions, THOMAS F. MEA Assistant-John Gillesby. Superintendent of Work-House, Sealer of Weights and Measures, MATT. GROSS MATT. SCHULENBERG FIRE DEPARTMENT. Chief Engineer, FRANK L. STETSON First Assistant, AUGUST H. RUNGE Second Assistant, Superintendent Fire-Alarm Telegraph, PETER J. KENNEY ZACHARY T. MORRISON CITY AND BOARD OFFICERS. 5 นา Supervisor, Registrar, WATER DEPARTMENT. MATTHEW WALSH FRANK T. MOODY WM. W. Redfield Engineer (Assistant,) Engineer of Pump House, W. D., Andrew Bergstrom Engineer of Pump House, E. D., Street Foreman, SIMEON D. ROLLINS WM. WINTHIESER BOARD OF PARK COMMISSIONERS. SAMUEL A. MARCH, Vice Pres't. DANIEL BASSETT, ALBERT J. BOARDMAN CHAS. M. LORING, President. > *ALBERT A. AMES, BALDWIN BROWN, JOSEPH INGENHUTT, ABIEL H. MITCHELL, Secretary, P. J. E. CLEMENTSON, CHARLES JOHNSON, JOHN C. Oswald, EUGENE M. WILSON. • †JOHN A. GILMAN 4 WILLIAM H. MILLS BYRON SUTHERLAND Ed. A. Stevens | Superintendent, WM. M. BERRY Treasurer, EDER H. MOULTON Chief of Police, Attorney, - JOHN T. BYRNES City Forester, CHAS. R. HILL P. P. SCHOTZKA BOARD OF POLICE COMMISSIONERS. *ALBERT A. AMES, President. MICHAEL Hoy, Vice Pres't. GEO. L. BAKER. JOHN BAXTER, WILLIAM R. GUILE Superintendent, JACOB HEIN Clerk, HENRY A. NORTON Assistant Sup't, JOHN M. Hoy Surgeon, Dr. Elijah S. Kelley Chief of Detectives, *Mayor-Ex-officio. JAMES W. HANKINSON. †Chairman of Council Committee on Public Grounds and Buildings-Ex officio. ‡Chairman of Council Committee on Roads and Bridges - Ex-officio. City Treasurer-Ex-officio. 6 CITY AND BOARD OFFICERS. BOARD OF EDUCATION. SVEN OFTEDAL, President, ADIN C. AUSTIN Secretary ALEXANDER T. ANKENY, WM. D. HALE, GEORGE H. MILLER JOHN S. MOORE, BENJ. F. NELSON. *Treasurer, EDER H. MOULTON | Superintendent, JOHN E. BRADLEY LIBRARY BOARD. THOMAS B. WALKER, President, EDWARD M. JOHNSON, Secretary †ALBERT A. Ames, THOMAS LOWRY, Treasurer, JOHN B. ATWATER, ICYRUS W. NORTHRUP, MARTIN B. KOON SVEN OFTEDAL EDER H. MOULTON. MUNICIPAL COURT. Fudge, FRANCIS B. BAILEY Special Fudge, STEPHEN MAHONEY Clerk, LYCURGUS A. Dunn Deputies-John M. Rees, Raleigh A. Daly. COURT HOUSE AND CITY HALL COMMISSION. WM. D. WASHBURN, President, LARS SWENSON, Treasurer WM. S. CHOWAN, DAVID M. CLOUGH, JOHN DELAITTRE OLIVER T. ERICKSON, TITUS MARECK, JOHN C. OSWALD LARS SWENSON, JOHN SWIFT, Secretary, CHAS. P. PRESTON, *City Treasurer-Ex-officio. †Mayor-Ex-officio. President State University-Ex-officio. For Street Commissioners, Health Inspectors, etc., see Printed Proceedings of the City Council. ! PART I. CITY CHARTER. 1872-1888. "No law of the State, contravening the provisions of this act, shall be considered as repealing, amending or modifying the same, unless such purpose be expressly set forth in such law."-Chapter 76, Section 1, Special Laws of 1881. "This City Charter shall be a Public Act and need not be pleaded or proved in any case."-Ibid. CITY CHARTER. An Act to Amend and Consolidate the Charter of the City of Minneapolis. [Approved, March 8, 1881; as Amended to March 5, 1887, inclusive.] CHAPTER. 1.-City and Ward Boundaries.-Taxes levied in 1886.-City Election, 1887. II.-Officers and Elections.-Vacancies and Removals.-Misconduct, etc.— Conflicting laws. III.-Powers and Duties of Officers.- Jurisdiction of Municipal Court. IV. City Council; general powers and duties. Restrictions relative to Sale of Liquors.-Ordinances,reso- lutions, etc.-Adjusting Accounts. -Condemnation proceedings.--In- dustrial Exposition -Revocation of Licenses.-Powers exercised by resolution, when. V.-Financial -Assessments and Tax proceeds; how appropriated -Li- censes and proceeds.-Bonded In- debtedness.- Settlements and Ap- portionments.--Orders; how issued paid and cancelled-Depositories VI.-Police Commission; powers and duties.-Qualifications for Police Appointments.-Keports, etc. CHAPTER. VII. Fire Department.-Fire Limits.- Chief Engineer and Assistants.- Fire Marshal and police.-Wooden structures, sidewalks, etc. VIII.-Streets, alleys, public grounds.— Bridges and water courses.-Side- walks, Pavements, etc -Improve- ments and repairs.-Liability for injuries. Void contracts. IX.-Water Works, Mains and Sewers. Drainage.-Gas and water pipes.- Electric wires.-Water rates, etc. X.-Local Improvements.-Special as- sessments, appraisements, awards, benefits and damages. -Confirma- tions, appeals, etc.-Streets, side- walks, water works, paving, etc. XI.-Miscellaneous provisions.-Ordi- nances, resolutions, etc. - - Crim- inal and Civil Actions.-Official printing, etc. XII.-Library Board; powers and du- ties. Tax-levy and proceeds,- Real estate acquired and sold. The Note Numbers used for references in this charter refer to the table of "Amend- ments to City Charter," at end of charter. See, also, "Summary of Legis- lative Acts Relative to Minneapolis," (including former cities), supra. Be it enacted by the Iegislature of the State of Minnesota : SECTION ONE. The act entitled “An Act Consolidating the Cities of St. Anthony and Minneapolis, and Incorporating the Amending act of consolida- tion. 10 MINNEAPOLIS CITY CHARTER. Amending act of consolida- tion. .Charter to read Same into One City by the Name of *Minneapolis," ap- proved February 28, A. D., 1872, and the subsequent acts of the Legislature amending the same, are hereby con- solidated and amended so that the same shall constitute the Charter of said City of Minneapolis, which shall read as follows: *St. Anthony was incorporated as a city, March 3d, 1855; Minneapolis as a town, March 1st, 1856, and as a city, Feb. 6th, 1867. The wo cities were consoli- dated Feb. 28th, 1872. [See special laws, chapter 10, page 56.] MINNEAPOLIS CITY CHARTER. 11 6 CHAPTER I. SECTION. CITY AND WARD BOUNDARIES. 1. Municipal Corporation created.- General powers at common law.- Special powers. 2. Limits of city.—Taxes levied in 1886, how applied.-Sale of Liquors pro- hibited in certain territory. SECTION. 3. Thirteen Wards. - Boundaries and descript.on of same. 4. Preceding sections not to affect tenure of certain officers.--Alder- manic representation and terms. -Ward taxes levied in 1886. [ENTIRE CHAPTER AMENDED 1887.] ❝SECTION I. All that district of country in the county of Hennepin and State of Minnesota, contained within the limits and boundaries hereinafter described, shall be a city by the name of MINNEAPOLIS, and all the people now inhabiting and those who shall hereafter inhabit the said district shall be a Municipal Corporation by the name of the 'CITY OF MINNEAPOLIS," and by that name may sue and be sued, plead and be impleaded, in any court; make and use a common seal and alter it at pleasure; take and hold, lease and convey all such real, personal and mixed property as the purposes of the corporation may require, or the transaction or exigencies of the business may render convenient within or without the limits of such district; shall be capable of contracting and being contracted with; and shall have all the general powers possessed by Municipal Corporations at common law, and in addition thereto shall possess all powers hereinaf- ter specifically granted, and all the authorities thereof shall have perpetual succession. city a munici pal corpora- tion. General and special powers. 6 SEC. 2. The district of country constituting the City Territory com- of Minneapolis shall include the following described lands prised in city. and territories: The southwest quarter of section seven (7), and all of sections eighteen (18), nineteen (19), thirty (30), and thirty-one (31), all in township twenty-nine (29), range twenty-three (23) west. And all of sections one (1), two (2), three (3) and four (4), the east half of sections five (5) and eight (8), all of sections nine (9), ten (10), eleven (11), twelve 12 MINNEAPOLIS CITY CHARTER. CHAPTER I. Territory com- prised in city. Taxes of 1886-7 School dis- tricts 6 and 8. CITY AND WArd BoundarIES. (12), thirteen (13), fourteen (14), fifteen (15), and six- teen (16), the east half of sections seventeen (17) and twenty (20), all of sections twenty-one (21), twen- ty-two (22), twenty-three (23), twenty-four (24), twenty-five (25), twenty-six (26), twenty-seven (27), twenty-eight (28), twenty-nine (29), thirty-two (32), thirty-three (33), thirty-four (34), thirty-five (35) and thirty-six (36), all in township twenty-nine (29), range twenty-four (24) west. Sections one(1), two (2), three (3), four(4), five(5), eight (8), nine(9), ten (10), eleven (11), twelve (12), thirteen (13), fourteen (14), fifteen (15), sixteen (16) and sev- enteen (17), all in township twenty-eight, (28), range twenty-four (24) west. Sections six (6), seven (7), and eighteen (18), and those parts of sections five (5), eight (8), and seventeen (17), lying west of the centre line of the Mississippi river, all in township twenty-eight (28),range(23),west. All that part of section thirty-two (32) lying west of the Mississippi river in township twenty-nine (29), range twenty-three (23) west. All of section eleven (II) and of fractional section four- teen (14), and all that part of section twelve (12) and of fractional section thirteen (13), lying west of the centre line of the Mississippi river, all in town- ship one hundred eighteen (118), range twenty-one (21) west. All of said district of country being in the county of Hennepin and state of Minnesota. All taxes for the current year levied or assessed for any purpose upon property within any territory which is hereby added to the City of Minneapolis, shall belong to the City of Minneapolis, and be paid into its treasury to be applied to the various purposes for which they were levied or assessed, except taxes levied for school pur- poses in school districts numbered six (6) and eight (8). All debts owing by school districts, except numbers six (6) and eight (8), the real estate belonging to which is included within the city limits, as above described, shall be assumed and paid by the City of Minneapolis, and all moneys and property belonging to such school districts shall belong to the said city. Provided, however, That for school purposes, school districts numbered six (6) and eight (8) shall neither of them be affected by this act. MINNEAPOLIS CITY CHARTER. 13 1. CITY AND WARD BOUNDARIES. It is hereby further expressly provided, That no spirit- uous or malt liquors shall ever be sold within any terri- tory which is by this act added to the limits of the City of Minneapolis as the same existed prior to its passage; and the City of Minneapolis is hereby expressly forbidden from ever licensing the sale of any spirituous or malt liquors within the territory hereby added to the limits of said city. CHAPTER I. Sale of liquor ited in certain forever prohib- territory., into wards. 6 SEC. 3. The City of Minneapolis is hereby divided City divided into thirteen (13) wards, bounded and described as follows: First Ward.-The First Ward of the City of Minneapolis First ward shall comprise all of the following bounded lands and limits. territory: Commencing at a point in the centre of the Mississippi river on the north line of section three (3), township twenty-nine (29), range twenty-four (24); thence south- erly along the centre line of the main channel of said river to a point where the same is intersected by the middle line of the suspension bridge in said city; running thence easterly along the middle line of said bridge, along the middle line of the street cross- ing the island therefrom, of the stone arch bridge and of Central avenue to its junction with Fifth street northeast; thence along the centre line of Fifth street northeast, and upon a line which would be an exten- sion of said centre line of Fifth street northeast, to the north line of section two (2), township twenty- nine (29), range twenty-four (24); thence west to the point of beginning. limits. Second Ward.-The Second Ward of the City of Minne- Second ward apolis shall comprise all of the following bounded lands and territory: Commencing at the intersection of the centre line of the Mississippi river in said city with the middle line of the suspension bridge; thence following down the centre of the main channel of said river to its inter- section with the east line of section thirty-one (31), township twenty-nine (29), range twenty-three (23); thence north along the line dividing the county of Hennepin from the county of Ramsey, to a point which would be intersected by the direct continua- tion of the middle line of Division street in said city to said boundary line between the counties of Hen- 14 MINNEAPOLIS CITY CHARTER. CHAPTER I. Second ward limits. Third ward limits. Fourth ward limits. 1 1 CITY AND WArd BoundarIES. nepin and Ramsey: thence westwardly along the line which would be a direct continuation of the middle line of said Division street, and thence along the middle line of said Division street to its intersection with the centre line of Ninth street southeast; thence northwestwardly along the centre line of Ninth street southeast to its intersection with the centre line of Central avenue; thence along the middle line of Cen tral avenue, of the stone arch bridge, of the street crossing the island therefrom, and of the suspension bridge, to the point of beginning. Third Ward.-The Third Ward of the City of Minne- apolis shall comprise all the following bounded lands and territory: Commencing in the centre of the Mississippi river at a point where the centre of the main channel of the said river would be intersected by the centre line of Twenty-sixth avenue north, if directly extended thereto; thence southerly along the centre line of the main channel of said river to a point where the same would be intersected by the centre line of Third ave- nue north, if directly extended thereto; and running thence southwesterly along said extended line and along the centre line of Third avenue north to Sixth street north; thence northwesterly along the centre line of said Sixth street north to its intersection with the centre line of Sixth avenue north; thence west along the centre line of Sixth avenue north, and along a line which would be a direct continuation of said centre line of Sixth avenue north to the west boundary of said city; thence north along the west boundary line of said city to the centre line of Twenty-sixth avenue north extended thereto; thence east to the point of beginning. Fourth Ward.-The Fourth Ward of the City of Minne- apolis shall comprise all of the following bounded lands and territory. Commencing in the centre of the Mississippi river at a point where the middle of the main channel of said river would be intersected by the middle line of Third avenue north, if directly extended thereto, and running thence southwesterly along said extended line and along the middle line of Third avenue north to Sixth street north; thence northwesterly along the A 1 MINNEAPOLIS CITY CHARTER. 15 CITY AND Ward BoundAHIES. CHAPTER I. limits. middle line of said Sixth street north to the mid- Fourth ward dle line of Sixth avenue north; thence west along the centre line of Sixth avenue north, and along a line which would be a direct continuation of said Sixth avenue north to the west boundary line of said city; thence south along the west boundary line of said city to the southwest corner of section twenty- nine (29), township twenty-nine (29), range twenty- four (24); thence east along the south line of sections twenty-nine (29), twenty-eight (28) and twenty- seven (27) to the southeast corner of the southwest quarter of said section twenty-seven (27), township and range aforesaid, being at the intersection of Nicollet and Franklin avenues in said city; thence north along the middle line of Nicollet avenue to the middle line of Grant street; thence along the middle line of Grant street to the middle line of First avenue south; thence along the middle line of First avenue south and along a line which would be a direct con- tinuation of said middle line of First avenue south to the middle line of the main channel of the Mississippi river and running thence up said river along the middle line of its channel to the point of beginning. Fifth Ward.--The Fifth Ward of the City of Minneap- Fifth ward olis shall comprise all of the following bounded lands and limits. territory. Commencing at a point where the middle line of First avenue south extended in a direct line would inter- sect the middle line of the main channel of the Miss- issippi river; thence southwesterly along said ex- tended line and along the middle line of First av- enue south to Grant street; thence along the middle line of Grant street to Nicollet avenue; thence south on the middle line of Nicollet avenue to the centre line of Twenty-fourth street south; thence east along the centre line of Twenty-fourth street to the centre line of Tenth avenue south; thence north and north- easterly along the centre line of Tenth avenue south to the middle line of the main channel of the Missis- sippi river; thence up the middle line of the main channel of the Mississippi river to the point of be- ginning. 1.6 MINNEAPOLIS CITY CHARTER. CHAPTER I. Sixth ward limits. Seventh ward limits. Eighth ward limits. CITY AND WARD BOUNDARIES. Sixth Ward.-The Sixth Ward of the City of Minneapolis shall comprise all the following bounded lands and terri- tory: Commencing at a point in the middle of the main chan- nel of the Mississippi river which would be intersected by a line which would be a direct continuation of the middle line of Seventh street south; thence west and northwesterly along said line and the middle line of said Seventh street south, to the centre line of Tenth avenue south; thence along the centre line of Tenth avenue south to the centre line of the main channel of the Mississippi river; thence down the line of the main channel of the Mississippi river to the point of beginning. Seventh Ward.-The Seventh Ward of the City of Min- neapolis shall comprise all of the following bounded lands and territory: Commencing at a point where the middle line of east Twenty-fourth street extended in a direct line would. intersect the middle line of the main channel of the Mississippi river; thence west along said extended line along the middle, line of said east Twenty-fourth street to the centre line of Chicago avenue; thence south along the centre line of Chicago avenue to the centre line of Thirty-fourth street; thence east along the cen- tre line of east Thirty-fourth street and of its exten- sion in a direct line to the middle line of the main channel of the Mississippi river; thence up the middle line of the main channel of the Mississippi river to the point of beginning. Eighth Ward.-The Eighth Ward of the City of Minne- apolis shall comprise all of the following bounded lands. and territory: Commencing at the intersection of Chicago avenue and Twenty-fourth street; thence west along the centre line of Twenty-fourth street to the centre line of Nicollet avenue; thence north along the centre line of Nicollet avenue to the centre line of Franklin avenue; thence west along the centre line of Franklin avenue and along a line that would be a direct con- tinuation of said centre line of Franklin avenue to the west boundary of the city of Minneapolis; thence along the west boundary line of said city to the southwest corner of section thirty-two (32), township twenty 1 MINNEAPOLIS CITY CHARTER. 17 CITY AND Ward BOUNDARIES. CHAFTER I. limits. nine (29), range twenty-four (24); thence east along Eighth ward the south line of said section to the southeast corner thereof; thence south to a point which would be in- tersected by the direct extension of the centre line of Thirty-fourth street thereto; thence east along said line and along the centre of Thirty-fourth street to the centre line of Chicago avenue; thence north to the point of beginning. Ninth ward Ninth Ward.-All that part of the City of Minneapolis limits. which lies north and east of the First and Second Wards of said city as above described shall constitute the Ninth Ward. limits. Tenth Ward.-All that part of said city which lies north Tenth ward of the Third Ward of said city as above described, shall constitute the Tenth Ward. 1.mits. Eleventh Ward.-All that part of said city which is Eleventh ward bounded by the Fifth, Sixth, Seventh and Second Wards, shall constitute the Eleventh Ward of said city. limits. Twelfth Ward.--All that part of said city which lies Twelfth ward south of the Seventh Ward and east of the centre line of Chicago avenue and of a line which would be a direct continuation of the centre line of said avenue to the south limit of the city shall constitute the Twelfth Ward. A ward limits. Thirteenth Ward. All that part of said city which lies Thirteenth south of the Eighth Ward and west of the centre line of Chicago avenue, and of a line which would be a direct continuance of the centre line of said avenue, to the south limits of the city, shall constitute the Thirteenth Ward. • SEC. 4. The preceding sections of this chapter shall be construed as continuing and extending the present city boundaries, and as continuing, extending and creating wards therein, and it is hereby expressly enacted that no- thing herein contained shall be construed as legislating out of office any city or ward officer, but every such offi- cer, notwithstanding any change in the limits of the city or ward, shall serve the enlarged city, or ward within which he lives after the passage of this act, until the ex- piration of the term for which he was elected, subject only to removal in the cases and in the manner provided by law; that is to say, the present Mayor, Treasurer, Tenure of affected. office not 18 MINNEAPOLIS CITY CHARTER. CHAPTER I. of aldermen, CITY AND WARD BOUNDARIES. Tenure of office and Comptroller shall continue as such, and the present Aldermen shall be representatives in the City Council, of the wards within which they are thrown by the passage of this act until the expiration of the terms for which they were elected, except as in this charter otherwise pro- vided, and except that the Alderman of the Sixth ward, as the same was prior to the passage of this act, who was elected for a term expiring in April, A. D. 1889, shall serve as one of the Aldermen of the Sixth ward, as the same is established by this act, until the expiration of the term for which he was elected (except as may be other- wise provided in the case of biennial elections) notwith- standing the fact that under the provisions of this chap- ter, such Alderman will live in the Eleventh ward of the city, and notwithstanding any provisions of this charter which may require an Alderman to live in the ward which he represents in the City Council. Aldermen elected in 1887. Taxes of 1886 distributed. At a City Election to be held on the first (1st) Tuesday in April, A. D. 1887, there shall be elected two (2) Alder- men for each of Wards Ten (10), Twelve (12) and Thir- teen (13), and enough Aldermen in each of the other wards of said city, as such wards are hereby constituted, to give to each of such wards-One(1), Two (2), Three(3), Four (4) Five (5), Six (6), Seven (7), Eight (8), Nine(9), and Eleven (11)-three (3) representatives in the City Council. The terms of all Aldermen elected in 1887 shall expire on the first Monday in January, A. D. 1889. All taxes levied in 1886, for ward purposes, shall be distributed to the several wards, as hereby constituted, according to the valuation of the property in such wards at the time of such levy, upon which a tax for ward pur- poses was levied. MINNEAPOLIS CITY CHARTER. 19 SECTION. * 14 CHAPTER II. OFFICERS, ELECTIONS, ETC. 1 Elective Officers.-Mayor, Aldermen, Treasurer, Comptroller, Boards.- Council to appoint other necessary officers.-Terms of office, etc. 2. Elections to be Biennial. - Vacan- cies in office of Mayor or Alder- men filled by Special Election, when. Other vacancies.-Present incumbents. 3. Conduct and Return of Elections Members of Public Boards, City Officers, etc. 1. Qualification for Voting same as at a general election. 5. Elect on Precincts and Polling Places.--Ballots and Ballot Boxes. 6. Judges of Election, how appointed. -Aldermen to serve, when SECTION. 7. Special Elections.-Same Judges, Precincts, etc., when. 8. Election Returns, how canvassed. - Notices of election. 9. Removals, Resignations, Failure to Qualify. Council to fill vacancies, when. 10. Oath of office to be filed.-Bonds of certain officers; how executed. 11. Persons Interested in Contracts with the city ineligible to office.-For- feiture and Exclusion from Office, when. 12. Provisions of Charter and other acts inconsistent with this chapter re- pealed. [ENTIRE CHAPTER AMENDED, 1887.] 10*SECTION 1. The elective officers of the City of Minneapolis shall be a Mayor, a Treasurer, a Comptroller, the members of the City Council, and the members of such other Boards as this Charter shall create and declare to Elective be elective officers of the city. The City Council shall consist of three (3) Aldermen for each ward in the city, to be elected by the qualified voters in their respective wards, officers. Provided, That there shall be but two (2) Aldermen in City council, each of Wards Ten (10), Twelve (12) and Thirteen (13), how composed. until the first (1st) Monday in January, A. D. 1889. The Mayor, Treasurer and Comptroller shall each hold Term of mayor, office for the term of two (2) years from and after the etc. first (1st) Monday in January next following his election. The Aldermen shall each hold office for a term of four (4) years from and after the first (1st) Monday in Janu- aldermen. ary next following his election. *Section 1 amended by act approved March 5 1887, (see Special Laws, chapter 12, section 4.) by adding after the word "Health Officer," in the twenty-seventh line, the words "Inspector of Meats and Provisions,"-evidently an amendment to the section repealed the day previous (the words "Health Officer" not appearing in the new section as printed above) and therefore inoperative. Term of 20 MINNEAPOLIS CITY CHARTER. CHAPTER II. Council to appoint certain officers. Terms of appointed officers. Biennial elec- tion of officers. Vacancies and special elec- tions. OFFICERS, ELECTIONS, ETO. All other officers necessary for the proper management of the affairs of the city shall be appointed by the City Council unless in this Charter otherwise provided. The appointment of such officers shall be deter- mined by ballot and it shall require the affirmative vote of a majority of all the members of the City Council to ap- point such officers. All officers required to be appointed by the City Coun- cil, shall, unless in this Charter otherwise provided, hold their respective offices for the term of two (2) years from and after the first (1st) Monday in January of the year of their appointment; and all officers, whether elected by the people or appointed by the City Council, or otherwise, shall continue in office until their successors are appointed and have qualified; Provided, however, That the terms of office of all of- ficers appointed prior to the first (1st) Monday in Janu- ary, A. D. 1889, shall expire on that date or as soon there- after as their successors can be appointed, unless in this Charter otherwise expressly provided. 14 SEC. 2. The election for city officers, members of the City Council, of the Library Board, of the Board of Park Commissioners, and the Board of Education, of the city of Minneapolis, shall be held biennially on the first Tuesday after the first Monday of November, at the time of, and as a part of the General Election for State and County officers, and the first of said elections shall occur on the first Tuesday after the first Monday of November, A. D. 1888. Whenever a vacancy shall occur in the office of Mayor or Alderman, such vacancy shall be filled by a special election which shall be ordered and held within twenty days after such vacancy shall occur. The City Clerk shall give fifteen days' notice of the time and places of holding general elections and special elections, and such notices. shall also designate the officers to be elected at such gen- eral or special election, but no defect in such notice or failure to give them, shall invalidate any election. Provided, That whenever a vacancy in the office of Mayor or Alderman shall occur within sixty days and more than ten days before any general election, that in such case the vacancy shall be filled at the ensuing general election and not at a special election; MINNEAPOLIS CITY CHARTER. 21 ! OFFICERS, ELECTIONS, ETC. CHAPTER II. special election Provided, That if said vacancy occur within ten days of Notice of said general election, then said City Clerk need only give eight days' notice of the time and place of the election to fill such vacancy. All elections by the people shall be by ballot, and each Ballots. ballot shall contain the names of all the persons voted for, with a proper designation of the office written or printed thereon. The person receiving the highest number of votes for any office shall be declared elected to such office. vote. When two or more candidates for any elective city In case of tie office shall receive an equal number of votes the election shall be determined by the casting of lots, in the presence of the City Council, at such time and in such manner as said Council shall direct. Special provi- to terms. sions relative For the purpose of carrying into effect the provisions of this chapter relative to the time of elections and the terms of office of the various officers of said city, it is hereby expressly enacted that the terms of office of the present Mayor, Treasurer, and Comptroller and of all Aldermen of said city holding office after the second Tuesday in April, 1887, whether said officers were elected for a term expiring before or after the first Monday in January, A. D. 1889, shall continue to or expire on said Spring election first Monday in January, A. D. 1889; that there shall be no general election after the first Tuesday in April, 1887, until the first Tuesday after the first Monday in Novem- ber, 1888. And it is hereby further expressly provided, That at a general election to be held on the first Tuesday after the first Monday in November, A. D., 1888, there shall be elected a Mayor, a Treasurer, a Comptroller and two Al- dermen in each ward of said city, each of whom shall hold his respective office for the term of two years from and after the first Monday in January, then next ensuing; that at the same time there shall be elected one Alder- man in each ward of said city each of whom shall hold his respective office for the term of four years from and after the first Monday in January, then next ensuing. abolished. General elec- tion in 1888. And it is further hereby enacted That, for the purpose City election of carrying into effect the provisions of this chapter rela- in 1887. tive to biennial elections, at the city election to be held in April, 1887, there shall be elected three members of 22 MINNEAPOLIS CITY CHARTER. CHAPTER II. 1 Board of edu- cation. Park Board, OFFICERS, ELECTIONS, ETC. the Board of Education and four members of the Board of Park Commissioners, each of whom shall hold his re- spective office until the first Monday in January, A. D., 1891; that all members of the Board of Education and of the Board of Park Commissioners whose terms of office expire in April, A. D., 1888, and in April, A. D., 1889, shall hold office until the first Monday in January, A. D., 1889, and no longer; that the terms of office of the present members of the Library Board or their successors in the case of a vacancy shall be severally extended from the 2nd Tuesday in April, 1888, 1890 and 1892, to the 1st Monday in January, 1889, 1891, and 1893, respectively; that at the general election, in November, 1888, there shall be elected four members of the Board of Park Com- missioners and two members of the Board of Education to serve for four years, and four members of the Board of Park Commissioners, two members of the Board of Library board. Education, and two members of the Library Board, to serve for six years from and after the 1st Monday in January, 1889. Mayor, Treasu- rer and Comp- troller. Aldermen. Members of city boards. At every general state and city election occurring bi- ennially on the first Tuesday after the first Monday in No- vember, after the year 1888, there shall be elected a Mayor, Treasurer and Comptroller, each of whom shall hold his respective office for the term of two years from and after the first Monday in January next after his election; and at each of such elections there shall be elected one Ald- erman in each ward of said city who shall hold his office for the term of four years from and after the first Monday in January next after such election. Provided, That at the biennial election in 1890 and every fourth year thereafter, there shall be elected two Aldermen in each ward. And at each such biennial election there shall be elected four members of the Board of Park Commis- sioners, two members of the Board of Education and two members of the Library Board, each of whom shall hold his respective office for the term of six years from and after the first Monday in January next following such election, and at such election in 1890, and every sixth year thereafter there shall be elected one additional mem- ber of the Board of Education, making three such members to be elected in 1890 and every sixth year there- after. MINNEAPOLIS CITY CHARTER. 23 OFFICERS, ELECTIONS, ETC. CHAPTER II. election. 14SEC. 3.-The mode of conducting city elections shall Conduct of be the same as is provided by law for the conduct of elec- tions in cities having a population as great as that of Minneapolis, except so far as such law is modified by ex- press provisions of this Charter; and all special provisions herein contained shall apply to all elections within said city except that the returns of all elections for city officers, Aldermen, or officers of any Board having the manage- ment of any branch of the city government shall be made to the City Clerk as hereinafter provided, and the returns of a state or county election shall be made to the Auditor of the county of Hennepin as provided by law. branches of city. For the purposes of this Chapter it is to be understood Boards that the Board of Park Commissioners, the Board of Edu- cation and Library Board are Boards having the manage- ment of branches of the city government. 14 SEC. 4. All persons entitled to vote for State and County officers, and who shall have resided for ten days next preceding the election in the precinct where they offer their vote, shall be entitled to vote for any officer hereby provided for. Qualification of voters. Election 14 SEC. 5. The City Council shall at least twenty days previous to the general election for State, County and precincts. City officers to be held on the first Tuesday after the first Monday in November biennially, designate the bounda- ries of the several election precincts of said city, and for that purpose may divide the several wards into such num- ber of precincts as may be deemed necessary, but no election precinct shall extend over any territory of more than one ward nor comprise territory which contained more than three hundred voters at the last preceding gen- eral election. polls. The City Council shall also at the same time, designate Designation of the place of holding election in each precinct, and such place so designated shall not be subject to change by the voters present at the commencement of such election. In case such City Council shall neglect or refuse to pro- Polls, etc., vide such precincts and place of election, previous to gen- when council eral elections as herein provided, and in all cases of special election, the election precincts and places of holding elections shall continue to be the same as at the general elections next preceding said election. 24 MINNEAPOLIS CITY CHARTER. CHAPTER II. Special elec- tiens. Ballot boxes. Ballots, to be endorsed. Park commis- sion ballots. Board of edn- cation ballots. OFFICERS, ELECTIONS, ETC. Provided, That when it may be necessary to designate any other place for holding a special election than the place where was held the last general election in any pre- cincts, said Council may so designate some other place in said precinct for holding the said special election. It is hereby expressly enacted, That at every general election, and at any election when city officers or members of any Board having the control of any branch of the city government are to be elected, there shall be provided by the proper officer, ballot boxes at each precinct which shall be kept by the Judges of Election to receive the bal- lots cast as follows: One ballot box which shall be marked "CITY," and one ballot box to be marked "CITY BOARDS." Such last named ballot box shall be so made as to be to all intents and purposes three boxes in one, that is to say, it shall be divided by partitions into three separate compartments and have three separate apertures to receive ballots and three separate openings from which ballots may be taken; such compartments shall be sever- ally marked "Park Commissioners," "Board of Educa- tion," "Library Board." The names of all persons voted for, for the offices of Mayor, Treasurer, Comptroller and Aldermen, shall be upon one ballot which, upon the face thereof, shall contain a designation of the office and the name or the names of the persons to be voted for, or such of them as any voter may desire to vote for, which ballot when folded shall be endorsed or show on the outside thereof the word "City" and shall be placed in the ballot box marked "City." The names of all persons voted for, for members of the Board of Park Commissioners shall be upon one ballot which, upon its face, shall contain a designation of the office and the name or names of the persons to be voted for, which ballot when folded shall be endorsed, or show on the outside thereof the words "Park Commissioners," and shall be placed in the ballot box or compartment of a ballot box marked "Park Commissioners." The names of all persons voted for, for members of the Board of Education shall be upon one ballot which, upon its face, shall contain a designation of the office and the name or names of the persons to be voted for, which ballot when folded shall be endorsed, or show on the outside thereof the words Board of Education" and shall be MINNEAPOLIS CITY CHARTER. 25 } OFFICERS, ELECTIONS, ETO. placed in the ballot box or compartment of a ballot box marked "Board of Education." CHAPTER II. ballots. The names of all persons voted for, for members of the Library board Library Board shall be upon one ballot which upon its face shall contain a designation of the office and the name or names of the persons to be voted for, which ballot when folded shall be endorsed or show on the outside the words "Library Board," and shall be placed in a ballot box or compartment of a ballot box marked "Library Board." In addition to the ballot boxes herein provided for, Additional there shall be such other ballot boxes for Presidential, ballot boxes. Congressional, State, County and other tickets as the general election laws of the state require. Provided, That when Judges of the Municipal Court, or any other city officers not herein expressly provided for, are to be elected, they shall be balloted for upon the ticket herein designated "City." judges of election. 14 SEC. 6. The Aldermen of said City shall be ex officio Aldermen, Judges of Election of the precincts wherein they respec- tion. tively reside, unless candidates at such election or other- wise disqualified or declining to serve. judges. The City Council shall at least twenty days before any Additional general election, appoint such number of Judges of Elec- tion as may be necessary to constitute a full board for each election precinct as provided by general law. judges, etc., at 14SEC. 7. It shall not be necessary to make new pre- Registers, cincts, to appoint Judges or to make new registers of special voters for special elections, but the Judges of Election at electione. the last general election in any precinct shall continue to be Judges of Election for such special election; and vacan- cies of Judges may be filled the same as in case of gen- eral elections. And such Judges shall have the right to take from the City Clerk and use at such special election the register used at the general election next preceding such special election. 14 SEC. 8. When an election for Alderman, City Officer Returns of or Officers of any Board having the management of any election. branch of the city government shall be closed, the Judges of Election shall make returns thereof to the City Clerk within three (3) days of such an election, in like manner as provided by law for the return of State and County Elections to the County Auditor. 26 MINNEAPOLIS CITY CHARTER. CHAPTER II. Canvass, and notice of election. Removal from city-neglect, etc. Vacancies, how filled. Oath of office. Bonds of city officers. Treasurer's bond. Approval of bonds. Officers not to be interested in contracts. OFFICERS, ELECTIONS, ETC. Within one week after any City Election the City Coun- cil shall meet and canvass the returns thereof, and de- clare the result as it appears from such returns and the City Clerk shall forthwith give notice to the officers elected of their respective elections. 14SEC. 9. Any officer removing from the city or the ward for which he was elected or appointed, or any offi- cer who shall refuse or neglect for ten days after notice of election or appointment, to enter upon the discharge of the duties of his office, shall be deemed to have va- cated his office, and any officer having entered upon the duties of his office may resign the same by the consent of the City Council. All vacancies, except as hereinbefore provided, shall be filled by the City Council. 14SEC. 10. 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 with the Clerk of the city. The Treasurer, Clerk, Comptroller, Street Commis- sioners, and such other officers as the City Council shall require, shall severally, before they enter upon the duties of their respective offices execute to the City of Minne- apolis, bonds in such amounts and upon such conditions as the City Council may prescribe; and in the absence of special provisions, such officers shall give bonds in the amounts and upon the conditions of the bonds of their predecessors in office. The bond of the Treasurer shall be executed by at least four sureties, who shall justify to an aggregate amount of at least double the penal sum of such bond, and shall be approved by the City Council by resolution approved and published. The bonds of the other city officers shall be such as shall be approved by the City Council or any proper com- mittee thereof. 14 SEC. II. No person shall be eligible to or shall be elected or appointed to any city office whatever who is at the time either directly or indirectly interested in any contract with the city, whether said contract is made by MINNEAPOLIS CITY CHARTER. 27 CHAPTER II. OFFICERS, ELECTIONS, ETC. when. the City Council or by any Board or officer of said city; Contracts void, and every such contract in which any city officer shall be directly or indirectly interested shall be void. practices. city property. Any elective or appointive officer of the city of Minne- Fraudulent apolis, or any person employed in the service of the city of Minneapolis, who shall wilfully violate or evade any of the provisions of law, or commit any fraud upon the city, or convert any of the public property to his own use, or knowingly permit any other person to so convert it, or by Conversi‹ n of gross or culpable neglect of duty, allow the same to be lost to the city, shall be deemed guilty of a misdemeanor, and in addition to the penalties imposed by law, and on conviction, shall forfeit his office and be excluded forever after from receiving or holding any office under the Char- ter of the city of Minneapolis, and shall be liable to refund Disqualifica to the city, at the suit of any tax-payer or citizen, any amount lost to said city by reason of any such violation of law. 14 SEC. 12. Any provision of this Charter or of the char- ters of the Board of Park Commissioners, of the Board of Education or of the Library Board, inconsistent with this chapter of the City Charter, is hereby repealed; and in construing any act creating any of said Boards the pro- visions of this chapter shall be considered as a part thereof. tion from office Provisions of chapter, how construed. 28 MINNEAPOLIS CITY CHARTER. SECTION. CHAPTER III. POWERS AND DUTIES OF OFFICERS. 1. Mayor to see that the laws are en- forced.-Ordinances and resulu- tions, how approved.-Action of City Council in case of veto.- Mayor to sign certain contracts. 2. President and Vice-President of City Council, duties of.-Presi- dent to be Acting Mayor in case of absence. 3. City Clerk to keep all papers and records of the city, draw and sign orders.-General duties. 4. Assistant City Clerk to have power of City Clerk, and serve as clerk for City Council committees. 5. City Attorney in addition to other professional services, to furnish opinions to City Council, and at- tend its meetings.-General du- ties and powers.-City not to give bond on appeals, when. 6. Health Officer to be executive of Board of Health.-General du- ties.-Health Inspectors. 7. Superintendent of the Poor.-Board of Supervisors of the Poor. 8. City Physician,-General duties of. 9. City Engineer.-City Council to prescribe duties.-May appoint assistants. 10. City Engineer to superintend cer- tain work, and see that contracts are performed. 11. Surveys, plats, etc., made in En- gineer's office to be the property of the city. 12. City Comptroller, to keep accounts of the city, and Board of Educa- tion and Library Board. 13. City Comptroller to countersign bonds, orders, etc. 14. City Comptroller to keep account of orders drawn, cancelled, etc. SECTION. 15. City Comptroller to keep accounts with other city officers, and ex- amine their books and papers. 16. City Comptroller to make report. 17. City Comptroller to countersign and record contracts.-Not to be interested in any city contract. 18. City Comptroller to audit all claims before allowance.-May use а seal. 19. City Treasurer to receive all city funds.-Ex Officio Treasurer of Board of Education and Library Board. 20. City Treasurer to give bond to City Council and Board of Education. 21. City Treasurer to make report. 22. Wharfmaster, how appointed.- Wharf landings, how regulated. 23. Jurisdiction of Municipal Court. -Revenue to belong to the city. -Offenders may be sentenced to workhouse. 24. Ex-Officer failing to turn over city property, liable for damages, etc. 25. No city officer or employe to be interested in any city contract.- Moneys paid on such contracts recoverable. 26. City Council may require other duties from city officials. 27. Salary of Mayor.-Salary of Alder- men. 28. City officers and employes exempt from jury duty. 29. City Council to fix compensation of certain officers by reso- lution. -Official fees or emolu- ments to be paid over to the Treasurer monthly and reported to City Council. Sealer of Weights and Measures and cer- tain other officers excepted. MINNEAPOLIS CITY CHARTER. 29 POWERS AND DUTIES OF OFFICE RS. 30. Officers having charge of city 31. City Comptroller may appoint a property to make yearly inven- deputy,--Duties and compensa- tory, and report to Council. tion. 15 SECTION I. The Mayor shall take care that the laws of the State and the ordinances of the city are duly ob- served and enforced within the city. He shall take care that all other officers of the city discharge their respec- tive duties, and to that end may maintain an action of mandamus or other appropriate action against any delin- quent city officer. He shall, from time to time, give the City Council such information and recommend such measures as he may deem advantageous to the city. CHAPTER III. Duties of mayor. ordinances, etc All ordinances and resolutions shall, before they take effect, be presented to the Mayor, and if he approve there- of, he shall sign the same, and such as he shall not sign he Approval of shall return to the City Council, with his objections thereto, by depositing the same with the City Clerk, to be pre- sented to the City Council at their next meeting thereafter. of veto. Upon the return of any ordinance or resolution by the Mayor, the vote by which the same was passed shall be Action in case deemed to have been reconsidered, and the question shall be again put upon the passage of the same, notwithstand- ing the objections of the Mayor, and if upon such vote the City Council shall pass the same by a vote of two- thirds of the members of the Council, it shall have the same effect as if approved by the Mayor. If any ordinance or resolution shall not be returned by the Mayor within five days, Sundays excepted, after it shall be presented to him, the same shall have the same force and effect as if approved by the Mayor. 15 The Mayor shall sign all contracts made for the City of Minneapolis, by authority of the City Council. If ordinance not returned by mayor. city council. SEC. 2. At the first meeting of the City Council in President of each year they shall proceed to elect by ballot from their number a President and Vice-President. The President shall preside over the meetings of the City Council, and during the absence of the Mayor from the city, or his in- ability from any reason to discharge the duties of his office, the said President shall exercise all the powers and dis- charge all the duties of the Mayor. In case the Presi- dent shall be absent at any regular meeting of the City Vice President, 30 MINNEAPOLIS CITY CHARTER. CHAPTER III. Acting mayor. City clerk and duties, Certified transcripts. City orders. Powers of clerk. POWERS AND DUTIES OF OFFICERS. Council, the Vice-President shall discharge the duties of such President and act in his place. The President or temporary presiding officer, while per- forming the duties of Mayor, shall be styled "Acting Mayor," and acts performed by him, when acting as Mayor aforesaid, shall have the same force and validity as if per- formed by the Mayor. SEC. 3. There shall be a Clerk of said city, styled the City Clerk, who shall be elected by the City Council. He shall keep the corporate seal and all the papers and records of the city, and keep a record of the proceedings of the City Council, at whose meetings it shall be his duty to attend. Copies of all papers filed in his office and transcripts from the records of the City Council certified by him under the corporate seal, shall be evidence in all courts. the same as if the originals were produced, He shall draw and sign all orders on the Treasurer in pursuance of any order or resolution of the City Council, and keep a full and accurate account thereof in books provided for that purpose. The Clerk shall have power to administer oaths and affirmations: he shall perform all other services by law required of clerks of cities or townships, within said city, but when services are required of him by public law, for which compensation is made from state or county treas- ury, such services shall not be regarded as services for said city, and he may retain such compensation in addi- tion to the salary paid by such city. 16 SEC. 4. 16 The City Clerk may appoint an Assistant Assistant clerk City Clerk, to be confirmed by the City Council; the sal- ary of which Assistant City Clerk shall be fixed by the City Council, unless included in the salary of the City Clerk; and said Assistant City Clerk shall have all the powers, duties and responsibilities of the City Clerk. Duties of assistant. It shall be the duty of such Assistant Clerk to assist the Clerk in the care of the papers and files, and in mak- ing the records of said city, and also to write out such records as the Comptroller is required to keep and under his direction. MINNEAPOLIS CITY CHARter. 31 ! Powers and Duties oF OFFICERS. CHAPTER III. powers of assistant clerk. Such Assistant Clerk shall also attend such meetings of Duties and any of the committees of the City Council as such com- mittee may designate, and act as clerk of such com- mittee. He shall have authority in the disability or absence of the City Clerk to certify and affix the corporate seal to copies of files and transcripts of records, and all certifi- cates so made by him shall have the same validity as if made by the said City Clerk. SEC. 5. The City Council shall have power to elect an Attorney for the city who shall perform all professional City attorney. services incident to the office, and when required shall furnish opinions upon any subject submitted to him by the City Council or its committees. He shall also advise with and counsel all city officers in respect to their official duties, and attend the regular meetings of the City Coun- cil and of such committees as shall request his assis- tance. Powers and duties. Assistant city 17He may appoint an Assistant City Attorney, who shall assist him in the duties of his office and act as attorney. City Attorney in the absence or inability of the City At- torney to act. City attorney appeals. to control 18 The City Attorney of the City of Minneapolis shall have the right to decide whether or not, in any case in which the City of Minneapolis is a party in any court, to take an appeal from any order, judgment or other deter- mination of the court; and in case of any such appeal, or in case of suing out any writ of error, certiorari, manda- mus, attachment or other writ from any court, said City of Minneapolis shall not be obliged to give any bond, either bond, when. for costs, supersedeas or other bond whatever. City not to give and duties. 19SEC. 6. 19The City Council shall elect a Health Offi- cer, who shall be a physician. Such officer shall be the Health officer executive officer of the Board of Health of the city of Minneapolis, and as such executive officer, it shall be his duty, within the city of Minneapolis, to enforce all the laws of the State of Minnesota and the ordi- nances and health regulations of the city of Minneapolis relating to the health of said state or city. inspectors. Said City Council may also appoint one or more Health Health Inspectors for said city, who shall have the same author- ty as police officers in enforcing the ordinances of said 32 MINNEAPOLIS CITY CHARTER. CHAPTER III. Superintend- ent of the poor. Supervisors of the poor. City physician. POWERS AND DUTIES OF OFFICERS. city for the security of public health, and shall act under the direction of the Health Officer and Board of Health of said city. SEC. 7. Said City Council shall at the time of elect- ing other city officers, elect a Superintendent of the Poor of said city, who shall perform such duties concerning the relief and assistance of the poor of said city requiring temporary and limited support, as are or may be pre- scribed by ordinance of said city or the laws of the State. *The City Council shall also have authority to desig- nate such Aldermen, or other officers of the city, to act as a Board of Supervisors of the Poor, whose duty shall be to advise such Superintendent in respect to his duties in such manner as may be provided in the ordinance desig- nating such Board. 20 SEC. 8 The City Council may also appoint a City Physician, who shall be a physician of regular practice and of good standing in his profession, and a graduate of some college of medicine. He shall attend and furnish medicine to all such poor of the city as he may be required to attend by said Super- intendent or Board of Supervisors of the Poor, 20 21SEC. 9. There shall be appointed by the City Coun- City engineer. cil a City Engineer who shall be a practical surveyor and engineer. He may, by and with the consent of the City Council, employ such assistants as may be necessary. Council to prescribe duties. Assistant city engineer. He shall keep his office at some convenient place in said city, and the City Council shall prescribe his duties and fix his compensation and the compensation of all assistants employed by him. 21 The City Engineer may appoint an Assistant City Engineer, who shall assist him in the duties of his office, and act as City Engineer in the absence or inability of the City Engineer to act. *See section 10, chapter 79, special laws of 1885, relative to care of Minneapolis poor at Hennepin county Poor Farm. 1 MINNEAPOLIS CITY CHARTER. 33 POWERS AND DUTIES OF OFFICERS. CHAPTER III. city engineer. SEC. 10. He shall have supervision and general charge Authority of of all work done for the city and of all work done on any street, highway or alley in the city; may direct the man- ner of performing such work, and the constructions of all sidewalks, street crossings, bridges or other structures in or upon such streets; may suspend any such work or con- struction as shall not conform to his requirements, or those of the City Council, and shall take care that the terms of all contracts for any work or construction in behalf of the city, are fully complied with. SEC. II. All surveys, profiles, plans and estimates made by him or any of his assistants, for the city, shall be the property of said city, and shall be carefully pre- served in the office of the Engineer, open to the inspec- tion of parties interested; and the same, together with all the books and papers appertaining to said office, shall be delivered over by the Surveyor at the expiration of his term of office, to his successor or to the City Council. To enforce with contracts. compliance Surveys, plans, property. etc, city ler and duties. 22 SEC. 12. It shall be the duty of the City Comptroller City comptrol- to keep regular books of account, both of the city of Min- neapolis and the 22 Board of Education and Library Board of said city in which he shall enter all indebtedness of said city, and said Board of Education22 and Library Board, and the several wards of said city, and which shall at all times show the precise financial condition of the city and the several wards thereof, and of said Board of Education To act for 22 and Library Board, the amount of bonds, orders, certifi- Boards. cates or other evidences of indebtedness outstanding, and the redemption of the same when redeemed. etc., to be 23 SEC. 13. He shall countersign all bonds, orders, cer- Bonds, orders. tificates or other evidence of indebtedness of the city, countersigned. ward or Board of Education 23and Library Board, and no such bond, order, certificate or other evidence of in- debtedness shall be valid until so countersigned. 24 SEC. 14. He shall keep accounts of orders drawn on the treasury in separate books and shall note thereon the cancellation thereof whenever the same shall be canceled, and shall keep such other books and records as shall be convenient for the preservation of the accounts of all transactions and business of the city, or its wards, or of said Comptroller to orders. keep record of 34 MINNEAPOLIS CITY CHARTER. CHAPTER III. accounts. POWERS AND DUTIES of Officers. Preservation of Board of Education 24and Library Board; and all books, lists and records heretofore kept, or which shall be kept, in the Comptroller's office, and copies thereof by him certified, shall be competent evidence of all matters shown by them. To keep accounts with other officers. Examination of books, etc. Financial statement. Contracts to be countersigned. Not to be interested. Claims against city to be audited. 25 SEC. 15. He shall keep accounts with the City Trea- surer, and all other receiving or disbursing officers of said city or its wards or of said Board of Education 25and Library Board; in such accounts he shall charge such officers with all amounts received by them from all sources of revenue, and with all city property in their hands or control as such officers, and credit them with all amounts disbursed or property disposed of on proper authority, and with all money or property turned over to the city or to their successors in office. He shall examine the reports, books, papers and vouch- ers of the Treasurer and of other receiving and disbursing officers, and perform such other duties as the City Council may direct. 26 SEC. 16. He shall as soon as may be after the close of each fiscal year report to the City Council the financial condition of the city and the several wards thereof, and of the Board of Education 26and Library Board. 27 SEC. 17. He shall countersign all contracts made in behalf of said city, and no such contract shall be valid until so countersigned. He shall keep a book in which he shall enter all contracts, which shall be open to the in- spection of all parties interested. He shall not, directly or indirectly, be interested in any contract or job to which the city or any ward, thereof, or Board of Education 27and Library Board, is a party. 28 SEC. 18. All claims and demands against the city, before the same shall be allowed by the City Council, and all claims against the Board of Education 28and Library Board of the city of Minneapolis, before the same shall be allowed by said Board, shall be audited and adjusted by the Comptroller, and all orders on the treasury, either on the part of the city or of said Board, shall be examined and countersigned by him, and by him kept until delivered countersigned. to the persons entitled thereto, and he shall take and preserve receipts for all orders so delivered. Orders to be MINNEAPOLIS CITY CHARTER. 35 POWERS AND DUTIES OF OFFICERS. CHAPTER III. may keep a seal He may keep and use a seal of office which may be used Comptroller instead of the seal of the city in the execution of licenses and such other sealed instruments as the Comptroller shall be specially directed to issue, and any use of such seal by the Comptroller heretofore, is hereby legalized; or he may use the seal of the city, in his discretion. 29 SEC. 19. The Treasurer shall receive all moneys be- longing to the city, including license money and fines, and keep an accurate and detailed account thereof in such manner as the City Council shall from time to time direct. He shall also be ex officio Treasurer of the Board of Education 29and Library Board of the city of Minneapolis. Treasurer to receive all moneys. SEC. 20. The Treasurer shall give separate bonds for Separate bond the safe keeping of the funds of the city and the Board as board of Education, in such sums as may be required by the City Council and the Board of Education respectively. SEC. 21. The Treasurer shall as soon as may be, after Annual report the close of each fiscal year and at least fifteen days of treasurer. before the annual election for city officers, exhibit to the City Council a full and detailed account of all receipts and expenditures for the last fiscal year, and also of the state of the treasury, which account shall be filed with the Clerk, and a copy of the same shall be published in the official paper of the city. SEC. 22. The City Council shall have power to pro- Wharfmaster. vide for the appointment of a Wharfmaster, with power of a police officer, or may devolve the duties of such officer on any member of the police force, and may by ordinance define the duties of such Wharfmaster, and reg- ulate all wharf landings and levees in the city. Jurisdiction of *SEC. 23. The Municipal Court of said city shall have exclusive cognizance and jurisdiction of all trials and ex- municipal aminations within said city, cognizable before a Justice of court. the Peace under the laws of the State, and of all suits, prosecutions and proceedings for the recovery of all for- feitures, fines and penalties, or inflictions of punishments, *An "Act Relative to City Justices of the Peace" (approved March 3, 1887-see spe- cial laws, and herein supra,) provides for the election of three Justices of the Peace in Minneapolis and defines their jurisdiction, and to some extent annuls the exclusive jurisdiction herein conferred on the Municipal Court. 36 MINNEAPOLIS CITY CHARTer. CHAPTER III. municipal court. Powers and Duties of Officers. Jurisdiction of for the breach of any by-laws, regulation or ordinance of said city, and of all offences against the same; and in all cases of convictions for assaults, batteries and affrays, dis- orderly conduct, breach of the peace, keeping or fre- quenting disorderly houses or houses of ill-fame, the Mu- nicipal Court may, in addition to any fine or punishment Bonds to keep authorized or imposed, or without such fine or other pun- ishment, compel the accused to give security to keep the peace and be of good behavior, for a period not exceed- ing six months, and in a sum not exceeding five hundred dollars ($500). the peace, Powers of municipal judges. Fines, part of city revenue. Imprisonment. Workhouse or public im- provement. City property to successor. The Judge and Special Judges of said Court shall have powers of Justices of the Peace, as conservators of the peace and in all ministerial and ex parte matters, and it shall have all the powers of Justices of the Peace to take depositions to be used in other courts. All fines and penalties imposed by said Court shall belong to and be a part of the revenue of said city. Said Court shall also have power in all criminal actions within its jurisdiction, when the punishment is by im- prisonment, or by imprisonment in default of payment of fine, to sentence any offender to hard labor in any work- house established by the city for that purpose; or in case of male offenders to sentence them to labor on any public work or improvement, in like manner and under the same qualifications as hereinafter provided in case of offences against city ordinances. SEC. 24. If any person having been an officer in said to be delivered city, shall not, within ten days after notification and re- quest, deliver to his successor in office all property, books, papers and effects of every description, in his possession, belonging to said city, or pertaining to the office he may have held, he shall forfeit and pay to the use of the city one thousand dollars ($1,000), besides all damages caused by his neglect or refusal to deliver, and such successor may recover the possession of such books, papers and effects in the manner prescribed by the law of this State. Penalty for neglect. Officers not to be interested in city contracts. 30 SEC. 25. No Alderman 30 or other officer or employee shall be a party to or interested in any job or contract with the city or either of the wards thereof, and any con- MINNEAPOLIS CITY CHARTER. 37 T h POWERS AND DUTIES OF OFFICEKS. CHAPTER III. if officer tract in which any Alderman 30 or other officer or em- Contracts void ployee shall be so interested shall be null and void; and interested. in case any money shall have been paid on any such con- tract, the amount so paid may be recovered by a joint or several action from the parties to such contract, and Alderman ³°or other officer or employee interested in the same. prescribe official duties. SEC. 26. The City Council shall have power at any Council may time to require other and further duties to be performed additional by any officer whose duties are herein prescribed, not in- consistent with this act, and to appoint such other officers as may be necessary to carry into effect the provisions of this act, and to prescribe their duties, unless herein other- wise provided for. SEC. 27. 33 The Mayor shall receive an annual salary of two thousand (2,000) dollars. Each Alderman shall receive an annual salary of seven hundred and twenty (720) dollars; and in addition thereto members of the Board of Equalization of Taxes, and Aldermen acting as Judges of Election may be given compensation for such special services. SEC. 28. The Mayor, Aldermen, all city officers and the men employed in the several departments of said city, while holding such office or engaged in the service of the city, shall be exempt from serving as jurors in any court. Salary of mayor and aldermen. City officers jury duty. exempt from 14 SEC. 29. 35The City Council shall have power, where Council to fix the same is not herein fixed, to fix the compensation of all compensation officers elected or appointed under this act. Such com- pensation shall be fixed by resolution at the time the of fice is created and at the commencement of any year, as soon after election as practicable, and when so fixed shall not be increased or diminished during the term for which such officer shall have been elected or appointed. Not to be during term of changed office. Official fees city. to be paid to 35 All fees and emoluments, of whatever character, ac- cruing to any city officer, as such officer, shall be reported to the City Council monthly, and paid monthly into the city treasury, except that the Sealer of Sealer of weights and Weights and Measures shall be entitled to re- measures. ceive his fees, as fixed by the City Council, and 38 MINNEAPOLIS CITY CHARTER. CHAPTER III. of market masters, etc. POWERS And Duties OF OFFICERS. Compensation shall have no other compensation, and except Market Masters and such Inspectors, Weighers and Measurers as the City Council may appoint, whenever the City Council fixes their fees and gives them the same in lieu of all other compensation. Yearly inven- tory of city property. Inventories to' be filed. Deputy comp- etc. SEC. 30. All officers of the city having charge of any city property, shall, at the close of each fiscal year, make and return to the City Council a full inventory of all pub- lic property in their hands or control, respectively. Such inventories shall be preserved and filed by the City Clerk, and kept open to inspection of all parties in- terested, but need not be printed in the proceedings, un- less the Council shall so specially direct. SEC. 31. The City Comptroller shall have the power troller, powers, to appoint a deputy, who shall be designated "Deputy Comptroller," and whose official acts shall have the same force and effect as if performed by the Comptroller, ex- cept that he shall not be authorized to countersign any bond or contract of the city, nor make any official state- ment of the condition of any city fund, 37except in the case of the absence or inability to act of the City Comp- troller. To give bond, when Compensation. 36 Such Deputy shall before entering upon the duties of such office, take and file with the City Clerk, a like oath as is required of other city officers, and may be required by the Comptroller to give such bond as may be satisfactory to himself, for the faithful performance of his said duties, and the Comptroller shall be responsible to the city for the acts of such Deputy. 36 The compensation of such Deputy Comptroller shall be paid by the Comptroller, unless otherwise povided by the City Council. { MINNEAPOLIS CITY CHARTER. 39 } SECTION. CHAPTER IV. CITY COUNCIL: POWERS, DUTIES, ETC. 1. City Council -Constitution and Quorum.-Presiding officer. 2 Stated, special and adjourned meet- ings. 3. Judge of the election of Members -Rules. 4, Removals from office.-Absence or neglect. -Trials. 5. Ordinances, may adopt.-For what purposes: to -(1) Licensing shows and divers occu- pations. Provisos relative Auctioneers, Employment Agen- cies, Newsboys, etc.-Restrictions as to sale of intoxicating Liquors in certain territory. -(2) Gambling. -Unlicensed Liquor Dealing. —(3) Riots, Disorderly Conduct, Houses of Ill-fame etc. -(4) Abatement and cleansing of Tanneries, Stables, Privies, etc. -(5) Slaughter houses, Markets, etc. Gunpowder and Dynamite. -(6) Encumbering of Streets, Side- walks, Public Grounds, etc. ~(7) Speed of Locomotives.-Steam Whistles.-Fast Driving.-Hitch- ing Horses.-Bathing and Swim- ming. -(8) Horses, Cattle, Sheep, etc,, run- ing at large. -(9) Dogs, Licensing and destruc- tion of. ~(10) Putrid and Unwholesome Sub- stances. - (11) Pounds, Hydrants, etc.-Gas and Street Lighting -(12) Board of Health-Births, Deaths, Burials, -(13) Bread, assize and weight of. -(14) (attle. etc on sidewalks (15) Fireworks and Firearms. -(16) Drunkenness and Obscenity. SECTION. 5.-(17) Restrain Porters, Hackmen, Expressmen, Runners, etc. (18) Public Markets and Build- ings. -(19) Butchers' Stalls and Shops.- Peddlers. -(20) Weighing Hay, Straw, etc- Measurement of Wood and Coal. -(21) Snow, Ice, Dirt, Rubbish.- Drainage of Low Grounds.-Spe- cial Assessments. (22) Wharves and Piers.-Wharfage Rates. -(23) Quarantine of Infectious Dis- ease on Vessels, etc. -(24) Public Auctions or Vendues. -(25) [Repealed-Related toolice.] -(26) Weig ts and Measures.-City Sealer. -(27) Inspection of Meats, etc.-Con- fiscation and Sale. -(28) Inspectors, Weighers, Gaugers. -- (29) [Repealed-Related to City For- ester. --(30) Abatement of Nuisances.--Pub- lic Health. ~(31) Abatement of Nuisances.--Ob. structions in Streets. -(32) Preservation of Health.--Sup- pression of Disease. −(33) Vagrants, Beggars, Prostitutes. -(34) Hackmen, etc,- Standing Pla- ces.-Location of Vehicles -(35) Construction of Buildings Inspector - Regulations. -(36) Hitching Posts and Rings for Horses. -(37) Hatchways and Guards for same. -(38) Numbering of Houses and Lots, -(39) Fire Escapes.-Dangers from Fire or Accident. 40 MINNEAPOLIS CITY CHARTER. CHAPTER IV. CITY COUNCIL: POWERS, DUTIES, ETC. City council. vuorum, etc. President. Regular and special meet- ings. Less than quo- rum. Meetings and sessions defined. SECTION. SECTION. 5.-(40) Steam Boilers, Location, etc. 8. Style of Ordinances-Subject in −(41) Gas and Gas Meters.-Inspector of Gas. (42) Electric Wires and Poles. -(43) Width of Tires.--Heavily Load- ed Vehicles excluded from certain Streets. -(44) Removal of Garbage, Ashes, etc. -Special Assessment. -(45) Removal of Dangerous Struc- tures. Special Assessment. -(46) Lumber Piles,where -Location of Certain Enumerated Establish- ments and Amusements. -(47A) Concealed Weapons.-Confis. cation. --(478) Removal of Bodies from Vaults and Tombs. -(48) Buildings, Chimneys, Stacks, Smoke.-Nuisance and Penalty. 6. Penalty for Breach of Ordinance. 7. Imprisonment at Hard Labor.- Workhouse.--Public Improve- ments. Title. 9. Ordinances and Resolutions, how passed.-Record and Publica- tion. 10. Copy of Ordinance, etc., prima facie evidence, when-Official Com- pilations. 11. Appropriations, majority of entire Council required for. 12. Powers of Council not a bar in Nuisance Proceedings. 13. Accounts of Clerk, Treasurer, etc., to be audited. 14. Finances and City Property-Coun- cil to Control and Sell -Real Estate.--Minneapolis Industrial Exposition, conveyance to.- Conditions and Exemption. 15. Condemnations for Public Build- ings, Streets, etc. 16. Licenses, Revocation of.-By whom and when. 17. Powers; when exercised by Resolu- tion instead of Ordinance. SECTION I. The Aldermen shall constitute the City Council. A majority of the Aldermen shall constitute a quorum. The President or Vice President of the Council shall, when present, preside at all meetings. In their ab- sence the Council may elect a President pro tem. who shall for such meeting have the same power as the President. 38 SEC. 2. The City Council shall hold stated meetings. and the Mayor may call special meetings, by notice to each of the members, to be delivered personally or left at their usual places of abode. At such special meeting no 'other business shall be transacted than such as is desig- nated in the call. In case of the attendance of less than a quorum at any stated meeting the members present may adjourn to any special time they may designate, and all business tran- sacted at such adjourned meeting shall have the same validity as if done at a stated meeting. 38 All adjourned meetings of any stated or special meet- ing shall be a part of the meeting adjourned, but the first and subsequent meetings of any stated or special meeting, so adjourned, shall be designated as "sessions" of said meeting. MINNEAPOLIS CITY CHARTER. 41 CITY COUNCIL: POWERS, DUTIES, ETO. CHAPTER IV. Council Judge of election of SEC. 3. The City Council shall be the judge of the elec- tion of its own members, and in such cases shall have the members. power to send for persons and papers. It shall determine the rules of its own proceedings, and have power to compel May punish the attendance of absent members, and may provide for absentees. the punishment of such absent members. remove SEC. 4. The City Council shall have power to remove Power to from office any officer of said city, whether appointed by officials. the City Council or elected by the people; but no officer elected by the people shall be removed except for cause, nor unless first furnished with a copy of the charges, nor until such person shall have had reasonable opportunity to be heard, in person or by counsel, in his own defence. Continued absence from the meetings of the Council in Continued case of Aldermen, and neglect of duty in case of other officers, unless for good reason, shall be deemed a good cause of removal. The City Council shall fix a time and place for the trial of such officer, of which not less than ten days' notice shall be given, and shall have power to compel the attend- ance of witnesses, and the production of papers, and to hear and determine the case, and if such officer shall re- fuse or neglect to appear and answer such charge the City Council may declare the office vacant. absence. Place and trial. manner of ordinances. of law. SEC.5. The City Council shall have full power and author- Power to make ity to make, ordain, publish, enforce, alter, amend or repeal all such ordinances for the government and good order of the city, for the suppression of vice and intemperance, and for the prevention of crime, as it shall deem expedient, and in and by the same to declare and impose penalties and punishments, and enforce the same against any person To have force or persons who may violate the provisions of any ordi- nance, passed and ordained by it, and all such ordinances are hereby declared to be and to have the force of law. Provided, That they be not repugnant to the laws of the Not repugnant United States or of this State; and for these purposes the to statutes. said City Council shall have authority, by such ordinances: && First-To license and regulate the exhibitions of com- May license mon showmen, and shows of all kinds, and the exhi- shows bitions of caravans, menageries, circuses, concerts, 40 roller skating rinks, places of amusement and museums for which money is charged for entrance into the same, newsboys and bootblacks, and theatrical performances; also to license and regulate all auc- bootblacks. 41 museums, etc. Newsboys and 42 MINNEAPOLIS CITY CHARTER. CHAPTER IV. Auctioneers, pawn-brokers, employment offices, etc. Billiard tables, liquor dealers, etc. Licenses to terminate, when. Power to regulate, how construed. Dealers in second-hand goods. Employment agencies. Rules of legal evidence. Home for newsboys, etc. CITY COUNCIL: POWERS, DUTIES, ETC. tioneers, pawnbrokers, 39 dealers in second-hand goods, junk dealers, keepers of intelligence or employ- ment offices, as well as all persons doing the business of seeking employment for others or procuring or furnishing employes for others, billiard tables, pigeon-hole tables, nine or ten-pin alleys, bowling sa- loons, shooting-galleries, taverns, victualing houses, and all persons vending, dealing in or disposing of spirituous, vinous, fermented or malt liquors. Provided, That all licenses except for exhibitions, caravans, menageries, circuses, concerts and theatri- cal performances, shall extend to and terminate upon the first Monday in May next after the same shall be issued, unless sooner revoked. 39 And Provided, further, That the power to regulate, above given, shall be construed to include among other powers, the power to define who shall be con- sidered as auctioneers, pawnbrokers, dealers in second- hand goods and junk dealers, and to compel each and every such person, whether licensed or not, to keep in such manner as it may direct, open at all times for inspection, a record of all such property as it may designate, with the time when received, and the name, residence and description of the person from whom the same was received, and to make daily re- ports to the police department of said city, as it shall direct. 39 And also, among other powers, the power to re- quire all persons doing the business of seeking em- ployment for others, or procuring or furnishing em- ployes for others, to keep open at all times for inspection, such record of their business as it may designate, and to furnish to every person with whom they may deal such written evidences of the trans- action as it may designate, and to prescribe and punish all kinds of unfair dealings by such persons in the course of their said business, and to establish such rules of legal evidence as it may see fit for the proof of such unfair dealings. 40 And Provided, further, That the City Council may appropriate the whole or any part of the money re- ceived for licenses issued to newsboys and bootblacks, to the establishing, providing and maintaining a home for such newsboys and bootblacks. MINNEAPOLIS CITY CHARTER. 43 CITY COUNCIL: POWERS, DUTIES, ETC. 41 Provided, further, That no license shall be granted to any person or persons to vend, deal in or dispose of any spirituous, vinous, fermented or malt liquors (except to regularly licensed druggists, to sell for medicinal, chemical or mechanical purposes, not to be used or drank upon the premises) outside of the fol- lowing territory in said city, to-wit: CHAPTER IV Liquor licenses for certain reption. not to be issued territory- license limits. First ward license limits. 41 FIRST--Commencing at the intersection of the east bank of Second ward the Mississippi river and Second Avenue Southeast; thence along the centre line of Second Avenue Southeast to the intersection of Ninth Street Southeast: thence along the centre line of said Ninth Street and along the centre line of Division Street,easterly to the centre line and intersection of Tyler Street; thence north along the centre line of said Tyler Street to the centre line of Spring Street; thence west to the intersection of Washington Street with Spring Street; thence across said Washington Street to the inter- section of Fifth Street, and Sixth Avenue Northeast; thence south- west along the centre line of said Fifth Street to the intersection of *Fourth Street Northeast; thence northwest along the centre line of Fourth Street Northeast, to the centre of Broadway Street, thence east along the centre of Broadway Street to the intersec- tion of the centre line of Four-and-a-half Street Northeast; thence north along the centre line of said Four-and-a-half Street north- east, to the present north limit of the city of Minneapolis; thence west on the present north limit of the city of Minneapolis, to the east bank of the Mississippi River; thence along the east bank of the Mississippi river to the place of beginning; also all that part of Nicollet Island embraced within the distance of one hun- dred and fifty (150) feet on either side of Bridge Street across said Island. 41 SECOND-Commencing at the intersection of the west bank of the Mississippi river and Twenty-First Avenue North, and running thence west along the centre line of said Twenty-First Avenue North to the intersection of Fourth Street North; thence South along the centre line of said Fourth Street North to the centre of Fourteenth Avenue North; thence west along the cen tre line of said Fourteenth Avenue North to the centre line of Lyndale Avenue; thence south along the centre of said Lyndale Avenue to the centre of †Twelfth Avenue North; thence east along the centre line of said Twelfth Avenue North to the centre of Third Street North; thence south and southeasterly along the *So stated in act; Fifth Street and Fourth Street run parallel and therefore do not intersect. +Evidently intended to be amended by fourth subdivision of Subdivision First, supra, and to change the boundaries so as to take in the block bounded by Sixth Street, Lyndale Avenue and Eleventh and Twelfth Avenues. (See Section 2, Chap- ter 13, Special Laws of 1887.) Nicollet Island license limits. Third ward license limits. 44 MINNEAPOLIS CITY CHARTER. CHAPTER IV. Fourth ward license limits. Fifth ward license limits. Sixth ward license limits. Lower levee license limits. Limits south of Milwaukee railroad. Seventh ward ·license limits. Correction of North Minne- apolis limits. CITY COUNCIL: POWERS, DUTIES, ETC. centre line of said Third Street North to the centre of First Ave- nue North; thence southwesterly along the centre line of said First Avenue North to the centre of Sixth Street North; thence southeasterly along the centre line of Sixth Street North to the centre of First Avenue South; thence northeasterly along the centre line of said First Avenue South to the centre of Fourth Street South; thence southeasterly along the centre line of said Fourth Street South to the right of way of the Chicago, Milwau- kee & St. Paul Railway Company; thence southeasterly along said right of way of said railway company to Franklin Avenue; thence south on the centre line of said Franklin Avenue to the centre line of Nineteenth Avenue South; thence north along the centre line of Nineteenth Avenue South to the west bank of the Mississippi river; thence northerly along the west bank of the Mississippi river to the place of beginning. Also commencing at the intersection of the west bank of the Mississippi river and Washington Avenue South, and running west along the centre line of said Washington Avenue South to the centre of Twenty- Second Avenue South; thence south along the centre line of said Twenty-Second Avenue South to the intersection of Fifth Street South; thence northeasterly along the centre line of said Fifth Street South to the west bank of the Mississippi river; thence northerly along the said west bank of said Mississippi river to the place of beginning at said Washington Avenue. 41 THIRD-Also all that territory bounded on the northeast by the right of way of the Chicago, Milwaukee & St. Paul Railway Company, on the northwest by Eleventh Avenue South, and on the southwest by Sixth Street South. Also all that other terri- tory bounded on the northeast by the right of way of the Chi- cago, Milwaukee & St. Paul Railway Company, on the northwest by Thirteenth Avenue South and on the southwest by Seventh Street South. Also all that territory bounded on the south and southwest by the right of way of the Chicago, Milwaukee & St. Paul Railway Company's so-called short line, on the east by Twenty-seventh Avenue South, and on the north by Twenty- fifth Street South, on the west by Twenty-third Avenue South to the Chicago, Milwaukee & St. Paul Railroad. 41*FOURTH-By inserting Eleventh Avenue North in place of Twelfth Avenue North, thence east along the centre of Eleventh Avenue North to the centre of Sixth Street North, thence northerly along the center of Sixth Street North to the centre of Twelfth Avenue North. * Evidently offered as an amendment to the second subdivision of Subdivision First, and by inadvertance placed at end of description of boundaries in the act. (See Section 2, Chapter 13, Special Laws of 1887.) MINNEAPOLIS CITY CHARTER. 45 } CITY COUNCIL: POWERS, DUTIES, ETC. CHAPTER IV. confined to limits. to druggists. 41 No person shall vend, deal in or dispose of any Sale of liquor spirituous, vinous, fermented or malt liquors within the foregoing present or future limits of said city of Minneapolis, except within the limits herein designated, (except for medicinal, chemical and mechanical purposes, by druggists, when duly licensed by the City Council, the same not to be used or drank upon the premises Exception as where sold); and any person who shall vend, deal in, or dispose of spirituous, vinous, fermented or malt liquors within the present or future limits of said city of Minneapolis, except when licensed by the City Council of the city of Minneapolis, and with- in the limits herein designated, shall be subject to all the pains and penalties provided by Chapter six- teen (16) of the General Statutes, one thousand Penalties for eight hundred and seventy-eight (1878) for selling illegal liquor spirituous, vinous, fermented, or malt liquors with- out a license, as well as to any punishment pro- vided by any ordinance passed by the City Coun- cil of the city of Minneapolis, as in this charter provided. traffic. Second-To restrain and prohibit all descriptions of Gambling, etc. gambling and fraudulent devices and practices, and all playing of cards, dice or other games of chance, for the purpose of gambling in said city, and to restrain any person from vending or dealing in spirituous, fer- liquor dealers. mented or vinous liquors, unless duly licensed by the City Council. Restraint of ances, etc. ill-fame. Third-To prevent any riots, noise, disturbance and kiots, disturb- disorderly assemblages in said city, and to provide for the arrest and punishment of any person or persons who shall be guilty of the same; to suppress disorderly houses and houses of ill-fame, and to provide for the arrest and punishment of the keepers thereof, and Houses of to authorize the destruction of all instruments used for the purpose of gaming. Fourth--To compel the owner or occupant of any Cleansing of cellar, tallow chandler shop, soap factory, tannery, unwholsome stable, barn, privy, sewer or other unwholesome or nauseous house or place, to cleanse, remove or abate the same from time to time, as often as may be neces- sary for the health, comfort and convenience of the inhabitants of said city. places. 46 MINNEAPOLIS CITY CHARTER. CHAPTER IV. Slaugher- houses. markets, ete. Gunpowder, dynamite, etc. Removal of slaughter houses. Coun il to designate location. Obstructing streets. Speed of locomotives, etc. Gates and watchmen. Escape of steam Kind of coal. CITY COUNCIL: POWERS, DUTIES, ETC. 42 Fifth-To direct the location and management of stock yards, slaughter houses and markets, breweries and distilleries, and to establish rates for and license vendors of gunpowder, and regulate the storage, keeping and conveying of gunpowder, dynamite, or other combustible materials, and regulate the use thereof in blasting. 程 ​42 Provided, That when the City Council shall have established by ordinance the territory within which no slaughter house shall be established, if there shall be at the time of the passage of said ordinance any slaughter house within such territory from which the same are thereafter to be excluded, then said City Council may direct within what reasonable time, not to exceed six months, said slaughter house shall be removed from such territory within which slaughter houses are to be excluded. 42 Provided, That no slaughter house shall be hereafter located within the city limits without the consent, by an affirmative vote of three-fourths of the whole Council. Sixth-To prevent the encumbering of streets, side- walks, alleys, lanes, public grounds or wharves, with carriages, carts, wagons, sleighs, boxes, lumber, fire- wood, posts, awnings, or any other materials or sub- stances whatever. 43 Seventh--To regulate the movement and speed of rail- road locomotives and cars, to require the maintenance of flagmen or construction and maintenance of gates at the crossings of railway tracks over such streets or avenues as said City Council shall deem to require such precautions; to regulate or prohibit the whist- ling of locomotive engines; 43 to regulate and prohibit the unnecessary discharging of steam therefrom, and the causing or permitting steam to escape therefrom unnecessarily, and to require the use thereon of such safety-valves or other practical appliances as it may designate, for the purpose of preventing or lessening the noise from the discharge or escape of steam; 44 and may direct what kind of coal any yard or switch engine shall use while being run or operated for any yard or upon any railroad within the limits of said city; and to prevent and punish immoderate 1 MINNEAPOLIS CITY CHARTER. 47 CITY COUNCIL POWERS, DUTIES, ETO. : CHAPTER IV. Fast driving- hitching horses driving or riding in the streets; to compel persons to fasten their horses or other animals attached to vehi- cles or otherwise, while standing in the streets; and to regulate places of bathing and swimming in the swimming, waters within the city limits. Pathing and Eighth--To restrain the running at large of horses, Animals, etc., mules, cattle, swine, sheep, poultry and geese, and to at large. authorize the distraining and sale of the same, and to impose penalties on the owners of such animals for violation of the ordinances. Ninth--To prevent the running at large of dogs, and to Licensing of require a license for keeping the same, and to author- dogs. ize the destruction of the same in a summary manner, when at large contrary to the ordinance. Tenth-To prevent any person from bringing, deposit- Putrid ing or having within said city any putrid carcass or substances. other unwholesome substance, and to require the re- moval of the same by any person, who shall have upon his premises any such substance, or putrid or unsound beef, pork, fish, hides or skins of any kind, and on default to authorize the removal thereof, by some competent officer, at the expense of such person or persons. Removal of same. hydrants, etc. Eleventh To make and establish public pounds, pumps, Pounds, wells, cisterns, hydrants and reservoirs, and to erect street lights, lamps and to provide for lighting of the city, and con- tract for the erection of gas-works for lighting the streets and public grounds and public buildings, and to create, alter and extend lamp districts. Twelfth-To establish and regulate Boards of Health, Hospitals- provide hospitals and hospital grounds, the registra- deaths. tion of births and deaths, and the returns of the bills of mortality, and regulate or prevent the burial of the dead within the city limits. Thirteenth-To regulate the assize and weight of bread, and to provide for the seizure and forfeiture of bread baked contrary thereto. Fourteenth-To prevent all persons riding or driving any births and Assize and weight of bread Driving on ox, mule, cattle or other animal on the sidewalks in sidewalks. said city, or in any way doing damage to such side- walks. i 48 MINNEAPOLIS CITY CHARTER. СНАРТЕК 1V. Firearms and fireworks. Drunkenness and obscenity. Hotel runners, hackmen, etc. Public markets Butchers' stalls Peddlers. Hay, wood, coal, etc. Removal of snow, rubbish, etc. Stagnant water. CITY COUNCIL: POWERS, DUTIES, ETC Fifteenth—To prevent the shooting of firearms or crack- ers, and to prevent the exhibition of any firearms in any situation which may be considered by the Coun- cil dangerous to the city, or any property therein, or annoying any citizen thereof. Sixteenth-To prevent open or notorious drunkenness. and obscenity in the streets or public places of said city, and to provide for the arrest and punishment of all such persons who shall be guilty of the same. Seventeenth-To restrain and regulate porters, express- men, hackmen, and also runners, agents and solicitors for boats, vessels, stages, cars, public houses or other establishments. Eighteenth--To establish public markets and other public buildings, and make rules and regulations for the government of the same; to appoint suitable. officers for overseeing and regulating such markets, and to restrain all persons from interrupting or in- terfering with the due observance of such rules and regulations. Nineteenth-To license and regulate butchers' stalls, shops and stands, for the sale of game, poultry, butchers' meat, butter, fish, and other provisions, and also to license and regulate all peddlers doing business within said city. Taventieth-To regulate the place and manner of weighing hay and straw and selling the same, and the measuring and selling of firewood, coal and lime, and to appoint suitable persons to superintend and conduct the same. 45 Twenty First- To compel the owner or occupant of buildings or grounds to remove snow, 45ice, dirt, or rubbish from the sidewalk, street or alley opposite. thereto, and compel such occupant or owner to re- move from the lot owned or occupied by him, all such substances as the Board of Health shall direct; and in his default to authorize the removal or destruction thereof by some officer of the city, at the expense of such owner or occupant. Also to compel the owners of low grounds where water is liable to collect and become stagnant to fill or drain such low places, and in their default to authorize such filling or draining at the expense of such owner or owners. MINNEAPOLIS CITY CHARTER. 49 CITY COUNCIL: POWERS, DUTIES, ETO. CHAPTER IV. districts. Removal of substances. 45 Provided, That said Council may require snow and Snow-removal ice to be removed, as aforesaid, throughout such dis- tricts in said city as it shall direct; and may make the expense of any removal or destruction of any such substances which said Board of Health may direct to unhealthy be removed, and the expense of filling or draining. any such low place, a lien upon the property from which said substances are removed, or on which des- troyed, or on which said low grounds are filled or Expense a lien drained, and may make a special assessment for the on property same, to be collected as other special assessments are collected. con- Piers and Twenty-Second-To control and regulate the struction of piers and wharfs, or grading said wharfs wharfs. into the Mississippi river, within the corporate limits of said city, and to prescribe and control the prices to be charged for pierage or wharfage thereon, and to prevent and remove all obstructions in the water of said river, and to prescribe and regulate rates of wharfage and pierage to be charged to any boat or vessel landing or mooring at any landing, wharf or charges. pier, within the limits of said city and paid to said city, and to regulate the landings, levees, wharves and piers within the limits of said city, and boats and ves- sels landing and mooring at the same. Wharfage Twenty-Third-To regulate, control and prevent the Quarantine. landing of persons from boats, vessels or other con- veyances whereon are contagious or infectious dis- eases or disorders and to make such dispositions of such persons as to preserve the health of said city. Twenty-Fourth-To regulate the time, manner and place Public of holding public auctions or vendues. 46* Twenty-Fifth-[Relative to Police-Repealed.] auctions. Police. measures. Twenty-Sixth-To provide by ordinance for a standard Weights and of weights and measures, for the appointment of a City Sealer, and to require all weights and measures to be sealed by the City Sealer, and to provide for the punishment of the use of false weights and measures. 48Twenty-Seventh-To regulate the inspection of 47 wood, hay, grain, flour, pork, beef, 47mutton, veal, and all *Powers formerly vested in Mayor and City Council transferred to Board of Po- lice Commissioners. See Chapter 6, Charter. Inspection of sions, etc. meats, provi- 50 MINNEAPOLIS CITY CHARTER. CHAPTER IV. Destruction of unwholsome meats, etc. Flour and other provisions. Weighers and gaugers. City Forester. Abatement of nuisances. Obstructions on streets, etc. Health regulations. Contagious diseases. Vagrants and Prostitutes. Hackmen, draymen, etc. Standing places. CITY COUNCIL: POWERS, DUTIES, ETC. other kinds of meat, poultry and game, fish, salt, whis- ky and other liquors and provisions 48 and milk; 49 and to provide for the taking and summarily destroy- ing or disposing of to soap factories, to be used only as soap grease, any diseased, unsound, or unhealthy pork, beef, mutton, veal, or any other kind of meat, poultry, game or fish, in case the owner does not at once so destroy or so dispose of the same, and to provide for the taking and summarily destroying any spoiled, unsound or unhealthy flour or other provis- ions. Twenty-Eighth--To appoint Inspectors, Weighers and Gaugers, to regulate their duties and prescribe their compensation. —— 50*Twenty- Ninth - Relative to City Forester Re- pealed.] Thirtieth-To remove and abate any nuisance injurious to the public health, and to provide for the punish- ment of all persons who shall cause or maintain such nuisance. Thirty-First-To remove and abate any nuisance, ob- struction or encroachment upon the streets, alleys, public grounds and highways of the city. Thirty-Second-To do all acts and make all regulations. which may be necessary and expedient for the pres- ervation of health and the suppression of disease, and to make regulations to prevent the introduction of contagious diseases into the city, and to make quar- antine laws, and enforce the same within the city. Thirty-Third--To restrain and punish vagrants, mendi- cants, street beggars and prostitutes. Thirty-Fourth--To license and regulate hackmen, dray- men, expressmen and all other persons engaged in carrying passengers, baggage or freight, and to regu- late their charges therefor; to prescribe standing places or stations within the streets, where such hacks, drays or other vehicles used for such carriage may stand or remain while waiting for business or orders, and to designate such standing or waiting *Power of appointment transferred from City Council to the Board of Park Com- missioners. See Special Laws of 1887; chapter 17. MINNEAPOLIS CITY CHARTER. 51 } CITY COUNCIL: POWERS, DUTIES, ETC. places in the licenses to such draymen, hackmen or other persons, and to prohibit them from standing or waiting at any other place within such streets, and to regulate and prescribe standing places for all vehi- cles, going to or waiting at any railroad depot or sta- tion in said city, and to authorize the Mayor or Chief of Police of said city to regulate and direct the loca- tion of vehicles at such railroad depots or stations. CHAPTER IV. Hack stands, etc., at depots. of buildings. 51 Thirty-Fifth-To regulate the construction of all build- Construction ings within said city, and by such regulations to pre- scribe the depth of cellars, the material and method of construction of foundations and foundation walls, the manner of construction and location of drains and sewer pipes, the thickness, material and con- struction of party walls, partitions and outside walls, the size and material of floor beams, girders, piers, columns, roofs, chimneys, flues and heating appara- tus, to apportion and adjust such regulations to the height and size of the buildings to be erected; to reg- ulate the construction and location of privies and vaults in such buildings, to prohibit the construction. of buildings not conforming to such prescribed stand- ard, either in the whole city or within such building Building limite limits as it may prescribe; to establish, alter or en- large such building limits from time to time; to ap- point an Inspector or Inspectors of buildings, or to devolve the duties of such Înspector on any city offi- cer; to give such Inspectors or other officer authority Inspector of to enter upon, examine and inspect all buildings in buildings. process of construction in said city or within such building limits, and to direct the suspension of any such building operation as does not conform to such regulations. Provided, however, That neither said City Council nor any Inspector or officer of said city shall have control or regulation of any building erected by the United States or the State of Minnesota. Thirty-Sixth--To provide for and regulate the erection of hitching posts or rings for fastening horses, or to prohibit them in any portion of the city, in its discre- tion. No control over U. S. or state buildings. Hitching posts Thirty-Seventh-To regulate the opening of hatchways Hatchways. and compel proper guards about the same. Ź 52 MINNEAPOLIS CITY CHARTER. CHAPTER IV. Numbering of houses, Fire escapes. Steam boilers. Gas and gas inspector. Telegraph poles, wires, etc. May be ordered below surface. CITY COUNCIL: POWERS, DUTIES, ETO. Thirty-Eighth-To regulate the numbering of houses and lots, and to compel the owners of houses and other buildings to have the numbers of such houses or buildings designated thereon. 5 2 Thirty-Ninth—-To require the owner or lessee of any building or structure, now or hereafter built, or con- structed in said city, to place thereon such fire escapes, and such appliances for protection against and for the extinguishment of fire, as it may direct. And also to require such owner or lessee to construct, provide and furnish each and every other thing and to do each and every other act which it may think necessary or advisable to lessen the danger to human life in case of fire or accident. 53 Fortieth-To regulate or prohibit the location and use of such steam boilers, in size and construction, as it may designate as being dangerous to life or property, or to prohibit the location of any such steam boiler, ex- cept where permission therefor is first given by the City Council, specifying the location and prescribing the regulations for its use. 54 Forty-First-To regulate and control the quality and measurement of gas; to prescribe and enforce rules and regulations for the manufacture and sale of gas; to provide for the inspection of gas and gas meters, and to appoint an Inspector and other officers, if needed for that purpose, and prescribe their duties. 55 Forty-Second-To regulate and control, or prohibit the placing of poles therefor, and the suspending of electric and other wires, along or across the streets of said city, and to require any or all already placed or sus- pended, either in limited districts, or throughout the entire city, to be removed or to be placed in such manner as it may designate beneath the surface of the street or sidewalk. Width of tires. 56 Forty-Third-To regulate and designate the width of tires of all wheels used on any and all vehicles used in said city, and the highest weight of any load to be drawn over any street in said city, and may direct upon what streets heavily-loaded vehicles may be drawn and from what streets, avenues and boulevards the same shall be excluded. Heavy traffic excluded from certain streets. J MINNEAPOLIS CITY CHARTER. 53 CITY COUNCIL: POWERS, DUTIES, ETC. CHAPTER IV. garbage. 57 Forty-Fourth-To require and provide for the removal Removal of in such manner, with private parties or asso- ciations, or otherwise, throughout the city, or in such districts, or on such streets as the Council may direct, of any or all swill, offal, garbage, ashes, barn yard litter, manure, yard cleanings or other foul or un- healthy stuff, with the authority to assess the expense speed. of such removal upon the property from which such above named matter or things shall be taken. Expense assessed. Removal of structures. 58 Forty-Fifth-To provide for requiring owners of build- ings or other structures, which shall have been de- dangerous stroyed or partially destroyed by fire or otherwise, to take the same or any part thereof down to prevent accident; and in case of refusal or neglect of said owner to so take down the same, when ordered by the officer designated by said City Council, then to cause the same to be done at the expense of the owner, the Assessment for cost thereof to be made by special assessment on the land on which the same stands. 6 same. 58 Forty-Sixth-59 To designate where lumber, 60shingle or Lumber piles. lath piles and mill wood piles shall not be main- tained, and to regulate the piling of lumber,°°shingle or lath in said city, and to require any person main- taining any lumber shingle or lath pile in said city to remove the same when the same is or may become dangerous to any building or buildings or other prop- erty near the same; also to regulate and designate Location of where the following kinds of business or amusement etc. may be hereafter located or carried on, to-wit: mill wood yards, wood yards, foundries, tanneries, dye houses, boiler shops, rendering houses, store houses certain shops, for oil and powder, glue factories, soap houses, store Base-ball houses for hides, stables, roller rinks and base ball grounds. grounds. 61* Forty-Seventh-To license, prohibit, regulate and con- Concealed trol the carrying of concealed weapons and provide Weapons, for the confiscation of the same. 62 | Forty-Eighth-To regulate, and determine the manner Removal of in which bodies which have been buried or placed in dead bodies. a vault, or tomb or other place, for the purpose of burial may be removed. *Erroneously numbered "43d" in act; see section 1, chapter 6, Special Laws of 1887. *Not numbered in act; see section 16, chapter 15, Special Laws of 1887. 54 MINNEAPOLIS CITY CHARTER. CHAPTER IV. Chimneys, smoke stacke, etc. Insecure buildings, smoke, etc. Penalties for nuisances, etc. Penalties for breach of ordinaoce. • Bread and water. Bond to keep peace. Confinement in work house, CITY COUNCIL: POWERS, DUTIES, ETC. 6 3*Forty-Ninth-To regulate the construction of buildings, chimneys and stacks within the limits of said city; also the emission of dense smoke. It shall also have authority to prohibit and prevent the erection or maintenance of any insecure or unsafe buildings, stacks, walls or chimneys, and the emission of dense smoke in said city, and to declare them to be nuis- ances, and to provide for their summary abatement. It shall also have authority to enact ordinances imposing penalties upon persons or parties who may create, continue or suffer nuisances to exist; such pen- alties not to exceed, however, in any case, a fine of one hundred dollars or ninety days imprisonment. SEC. 6. The City Council may impose punishment for the breach of any ordinance of the city to the extent of a fine not exceeding one hundred dollars, and imprisonment in the city prison or county jail not exceeding ninety days, or both, and may provide that the offender, during such imprisonment, be fed on bread and water at the discretion of the Judge of the Municipal Court; and offenders against such ordinances may be required to give security to keep the peace and for good behavior, for a period not exceeding six (6) months, and in a sum not exceeding five hundred dollars ($500). 64 SEC. 7. The City Council may also provide by ordi- nance that any one convicted of an offense before the Municipal Court, subjecting such offender to imprison- ment under the ordinances of said city, may be kept at hard labor in any workhouse established for that pur- pose, or in case of a male offender, may be kept at hard Work on labor during his term of punishment in such workhouse; public improvements. Or upon the public improvements of said city, or both; and may also provide by ordinance that any one convic- ted of an offense before said Municipal Court, and com- mitted upon non-payment of fine imposed, may be kept at hard labor in any workhouse of said city aforesaid; or in case of a male offender, may be kept at hard labor either in such workhouse or upon the public improve- ments, or both, until such person shall work out the amount of such fine, at such rate of compensation as said Council may prescribe, for a time not exceeding said *Erroneously numbered "47th" in act; see section 17, chapter 15, Special Laws of Fines to ba worked out. 1887. : MINNEAPOLIS CITY CHARTER. 55 CITY COUNCIL: POWERS, DUTIES, ETC. CHAPTER IV. regulations. commitment; and the City Council shall have full power Workhouse to establish by ordinance all needful regulations for the security of such persons thus employed, and to prevent escape and secure proper discipline, and shall have power to establish a proper workhouse in said city, or outside thereof, for the purpose aforesaid, and under such regu- lations as said City Council may prescribe. Hennepin commitments 64 Provided, That the City Council aforesaid is hereby authorized to use the Hennepin county jail as the work- county jail- house of the city of Minneapolis provided for in this act; to. the prisoners of the city to be as at present in the custody of the Sheriff of Hennepin county, except while working on improvements of said city, when they shall be under the control of the police force of said city. And provided further, That the Judge of the Municipal Vagrants, how Court of said city shall have power, for vagrancy, to com- punished: mit any person to the city prison, or workhouse, or county jail, or to order any such person to work on the public improvements of said city for a term not exceeding ninety days. SEC, 8. The style of all ordinances shall be "The City Council of the City of Minneapolis do ordain." The sub- ject of every ordinance shall be expressed in its title, and no ordinance shall embrace more than one subject. style of ordi- nances, subject and title. and resolutions how passed, 65 SEC. 9. All ordinances and resolutions of the City Ordinances Council shall be passed by an affirmative vote of a ma- jority of all the members of the City Council, by ayes and nays, which shall be entered in the records of the Council. No ordinance shall be passed at the same 5 session, or at any session, occurring less than one (1) week after the session.at which it shall have had its first (Ist) reading, of the Council at which it shall have been pre- Unanimous sented except by the unanimous consent of all the mem- consent, when bers present, which shall be noted in the record, but this shall not preclude the passage of ordinances reported by any committee of the Council to whom the subject of such ordinance shall have been referred at any previous 6 5 session. When approved, they shall be Clerk in books provided for that they shall be in force they shall official paper of the city. recorded by the City purpose, and before be published in the Ordinances to be recorded and published. 56 MINNEAPOLIS CITY CHARTER. CHAPTER IV. Copy of record of ordinances, prima facie evidence. Official pro- ceedings and compilations of ordinances. Municipal court to take CITY COUNCIL: POWERS, DUTIES, ETC. SEC. 10. A copy of the record of any ordinance or res- olution heretofore passed and recorded, or that may here- after be passed, certified by the Clerk and verified by the seal of the city, any copy thereof published in the of- ficial paper of the city or printed in the books contain- ing the official proceedings of the City Council, or pub- lished in any compilation of ordinances made under di- rection of the City Council, shall be prima facie evidence of the contents of such ordinances and of the regularity and legality of all proceeding relating to the adoption and approval therof, and shall be admitted as evidence in any court in this State without further proof. In all actions, prosecutions and proceedings of every judicial notice. kind before the Municipal Court of the city of Minne- apolis, such court shall take judicial notice of all or- dinances of the said city, and it shall not be necessary to plead or prove such ordinances in said Municipal Court. Majority vote of council for appropriation. Council powers not a bar in nuisance pro- ceedings. Accounts of officials to be audited. SEC. II. No appropriation shall be made without a vote of a majority of all the members of the City Coun- cil in its favor, which shall be taken by ayes and nays and entered among the proceedings of the Council. SEC. 12. The powers conferred upon the City Council to provide for the abatement or removal of nuisances shall not bar or hinder suits, prosecutions or proceedings according to law. SEC. 13. The City Council shall examine, audit, and adjust the accounts of the Clerk, Treasurer, Clerk of the Municipal Court, and all other officers and agents of the city,at such times as they deem proper, and also at the end of each year, and before the term for which the officers of said city were elected or appointed shall have ex- pired; and the City Council shall require each and every officer and agent to exhibit his books, accounts and vou- chers for such examination and settlement, and if any such officer or agent shall refuse to comply with the Office vacant if orders of said Council in the discharge of his said duties, in pursuance of this section, or shall neglect or refuse to render his accounts or present his books or vouchers to said Council or a committee thereof, it shall be the duty of the City Council to declare the office of such person vacant, and the City Council shall order suits and pro- ceedings at law against any officer and agent of said city books not produced. MINNEAPOLIS CITY CHARTER. 57 CITY COUNCIL; POWERS, DUTIES, ETC. who may be found delinquent or defaulting in his ac- counts or the discharge of his official duties, and shall make a full record of all such settlements and adjust- ments. 6 7 *SEC. 14. The City Council shall have the manage- ment and control of the finances and all property of the city, except such control of the property connected with the water works of said city, as shall be given in this act to the Board of Water Commissioners, and may provide for the sale of any such property, in such manner as it shall consider for the interest of the city. 66 Provided, That no real estate belonging to said city shall be sold unless ordered sold by a vote of two-thirds (23) of all the members of the City Council. CHAPTER IV. Proceedings in case of defalca- tion. Control of city finances and property. Two-thirds to sell real vote required estate. to Industrial Exposition. 67Except that the City Council of said city is hereby Exception as authorized to authorize the proper city officers by a vote of the majority of all the members of said City Council to execute proper deeds of conveyance to The Minneap- olis Industrial Exposition for any lands upon which the Exposition Building built by said The Minneapolis Indus- trial Exposition during the year 1886, stands and the land pertaining to the same, described as follows, to-wit: 100 67 Lots one, two, three, four, five, six and seven in block Land for three, and lots one, two, three, four, five, six and the exposition. southeasterly eleven and 52 (11,52) feet front and I 100 rear of lot seven of block two, all in the subdivision of block thirty-nine, Saint Anthony Falls, according to the plat thereof on file and of record in the office of Register of Deeds in and for said Hennepin county. 67And also block five and lots one, two, three, four, five, Same. six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nine- teen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty- two, thirty-three, thirty-four, thirty-five, thirty-six, thirty-seven, thirty-eight, thirty-nine, forty, forty- one and forty-two, in block two, all in the subdivision of grounds between Pine, Bay, Main and Second Streets, Saint Anthony Falls, as re-surveyed by R. *Board of Water Commissioners abolished and duties imposed on City Council. See Special Laws of 1887, chapter 23; see also chapter 9 of this Charter, supra. 58 MINNEAPOLIS CITY CHARTER. CHAPTER IV. Land for exposition. Same. To revert to city in case of default. Twenty-two expositions. Exposition from tax. CITY COUNCIL; POWERS, DUTIES, ETC. and F. Cook, according to the plat thereof and on file and of record in the office of Register of Deeds in and for Hennepin county, Minnesota; 67 Also all such part of Second Street, Prince Street and Cross Street, and an alley between said blocks two and three of subdivision of block thirty-nine of Saint Anthony Falls, as was vacated by a resolution of the City Council of the city of Minneapolis, passed July 9th, 1886, and approved July 13th, 1886, which may belong to the city of Minneapolis; 67 But such conveyance or deed shall provide that said real estate shall revert to the city of Minneapolis, in case of default in the agreement which said The Minneapolis Industrial Exposition shall make with the said city of Minneapolis in reference to carrying on and maintaining an Exposition in the buildings on said grounds for such term of years as said The Minneapolis Industrial Exposi- tion and said city shall agree upon; not to be less than twenty-two (22) Expositions in the next twenty-four (24 years. And all the real estate either now belonging to or realty exempt which may be hereafter conveyed to said The Minneap- olis Industrial Exposition, and used for industrial expo- sition purposes, shall be exempted from taxation (but not from special assessment for public improvements) for a term not to exceed thirty years and as long as said city shall have any possible reversionary or other interest in said property. Not from special assessment. Appropriation to perfect title. Sites for pub-, lic buildings. Streets, alleys, sic. Council may appoint appraisers. Said City Council is hereby authorized to expend thirty--five hundred dollars or less to perfect the title to any of said real estate. SEC. 15. The City Council shall have the power to acquire by purchase or condemnation such private prop- erty as may be necessary for sites for public buildings for the use of the city and all departments thereof, for all structures connected with any department of the city, and for all streets, alleys and public squares in the city, and to ascertain and determine the value of all such pri- vate property taken for such uses, and the amount of all damages occasioned to any private property by reason of any public works or structures, and for that purpose may appoint Commissioners to appraise such values or dam- ages, or acquire information thereof in any other man- ner it shall deem advisable. 1 MINNEAPOLIS CITY CHARTER. 59 1 CITY COUNCIL; POWERS, DUTIES, ETO. CHAPTER VI. Licenses may when. be revoked, c. 16. Any license issued by authority of the City cil may be revoked, by the Mayor or City Council, at ime, and upon conviction, before the Municipal Court of the city of Minneapolis, of any person holding a li- cense, for a violation of the provisions of any ordinance relating to the exercise of any right granted by such li- cense, the said court may, and, upon a second conviction shall revoke, such license, in addition to the penalties pro- revoked, when. vided by law or by ordinance for any such violation. 68 SEC. 17. If in any case any of the powers granted to said City Council, to be exercised by ordinances named in section five (5) of this chapter, cannot well be exercised by the passage of ordinances, then said City Council may exercise any of said powers by means of the passage of resolutions. Shall be Council may exercise powers by resolution, when. 60 MINNEAPOLIS CITY CHARTER. City assessor. CHAPTER V. TAXATION AND FINANCE. SECTION. 1. City Assessor, Deputies and Clerks, how appointed -Books, Blanks and Lists.-Notices, how signed. 2. Assessments governed by general law. 3. Board of Equalization.-General laws to apply -Restrictions. 4. Equalization, when made and com- pleted Rights of Aggrieved Par- ties.-City Attorney, special duties of.-Corrections. 5. Revision and Confirmation of Rolls. Return to County Auditor Final Action and Validity. 6. Salary of Assessor.-Compensation of Deputies, Clerks, etc 7. Fiscal year, commencement of. 8. City Comptroller to report Estimate of Current Expenses.-Tax Levy Computation. 9. Proceeds of Licenses, Fines, etc, how applied.-Proceeds of Sales. 10. Tax Levy for Current Expenses.- Limitations.-Department Appro- priations, 11. Report of Tax Collected.-Reduced Expenses, when -Compensation reduced, when.-Street Lighting. 12. Ward Levy, how made and limited. 13. Interest on Bonded Indebtedness.- Tax toward payment of principal. 14. Sinking Fund; not to be abolished. -Commissioners.--Funds, how in- vested.-Indebtedness, how paid. -Neglect of duty.-Bond Con- tracts to be kept in violate. 15 Bonds to aid Sinking Fund, when to be issued. 16. Permanent Improvement Fund.- Expenses of Special Assessment, paid in advance, when.-Not to be used for currrent expenses.—Tax- levy for Fund. 69 SECTION I. SECTION. 17. City Comptroller not to sign con- tracts or orders, when. 18. Tax-Levy, Not to be Affected by In- formality.-Surplus. 19. Statement of Tax-Levy to be fur- nished County Auditor, 20. County Treasurer to pay moneys to City Treasurer -Settlements and Apportionment. 21. County Auditor to make State- ments of Taxes Levied.—Abate- ments, Corrections and Addi- tions.-Collection Statement. 22. Orders for Money, how drawn.- Employes may be Paid on Pay Rolls.--Board Employes also. 23. Orders to be cancelled and filed. 24. Cancelled Orders, Bonds, etc. Ex- amination and destruction. 25. Bank Applications for Deposits.- Bonds of depositories. 26. Funds to be Deposited in Designated Banks. 27. Interest on Daily Balances -Certi- ficates of Deposit, when. 28. City Treasurer to make Monthly Statements. 29. City Treasurer Exempt from Liabil- ity, when. 30 Deposit in Banks Outside Hennepin county, when. 31. City Treasurer to Secure Interest.- Yearly Interest Statement. 32 Newly Organized Banks Designated. 33 Deposits Withdrawn from Banks. 34 Bonds of Depositories, to remain in force -How Examined and Ap- proved -Record of Bonds. 35. Ill-Fame fines; how appropriated. 36 Current Expense Funds, what paid from. 37 Tax-Levy to Pay Judgments.-Spec- ial Tax, when.-Excess. The City Council shall at its first regu- lar meeting in March, one thousand eight hundred and MINNEAPOLIS CITY CHARTER. 61 TAXATION AND FINANCE. CHAPTER V. SEy-three (1883), and at the same time in every third City assessor. Counyear thereafter, or as soon after said meeting as may any t'point one (1) Assessor, who shall be an officer of vacancies. city, styled "City Assessor," and who shall keep an office to be provided by said city. The term of office of Term and the City Assessor shall be three (3) years, commencing on the last Monday in March, of the year of his appoint- ment, and until his successor is appointed and qualified. Vacancies in said office may be filled as in other cases. Deputy 69 The City Assessor shall in each year appoint such number of deputies as may be required to enable him to assessors. properly do his work, such appointments, however, to be approved and confirmed by the City Council; which deputies shall serve during the time of the making of the lists, but only so long as their services may be needed, the City Assessor discharging such of said deputies, from time to time as the work proceeds, as he can spare. clerks. 69 The City Assessor shall also, with approval of the Assessor's City Council, employ such clerks as may be necessary, their number to be reduced or increased whenever occa- sion requires, or the City Council directs. 69 The City Assessor shall, so far as may be, present to the City Council, at its second regular meeting in March of each year, the names of such persons as he shall de- sire to have for deputies, designating in each case the time when the appointee shall, with the approval of the City Council,commence to serve as such, which time shall be long enough before May first (1st), so that each may before that day be assigned his portion of the work and be properly instructed and prepared to do the same. may, however, in case his deputies are not all appointed or all confirmed at that time, present to the City Council other names for deputies at subsequent meetings as occa- sion shall require. He 69 The City Assessor and his deputies shall qualify in the manner, and discharge the duties, prescribed by gen- eral law. City council to cont confirm appointments. Subsequent appointments. Assessor and qualify. deputies to Preliminary lists. 69 It shall also be the duty of the City Assessor to make full preparation and do whatever he can toward assessment the making of his lists beforehand, and the County Audi- tor shall deliver to him his assessment books and blanks in season to enable him to do so. 62 MINNEAPOLIS CITY CHARter. CHAPTER V. Assessment lists, when made. Deputy may sign notices. Tenure of assessors. TAXATION AND FINANCE. 69 He shall commence on the first (1st) day of May of each year, and as soon as may be thereafter complete his lists, according to law; but he shall be allowed until the second Monday in July to revise his lists, correct and equalize his appraisals, and make out and complete the assessment of said city. 69 Notices may be signed and given, and other acts in the line of his duty done by any Deputy Assessor in the name of the City Assessor. 69 Provided, however, That each Assessor now serving as office of former such (unless appointed City Assessor) shall, if he desires to do so, serve as Deputy Assessor until the expiration of the time for which he was appointed as Assessor, subject, however, to removal, as in other cases. General laws to govern assessors. Board of equalization. Assessor to attend board meetings. Powers of board. Reduction of total assess- ment. Meetings of board. 70 SEC. 2. In all respects not herein expressly pro- vided for," "the City Assessor shall,in making assessments be governed by the rules,both in respect to the property to be listed and assessed and the manner of listing and assess- ing the same, which are or may be prescribed by the gen- eral laws of the State for the government of Assessors in other parts of the State. 71SEC. 3. The Standing Committee on Taxes of the City Council shall constitute a Board of Equalization, who shall be sworn according to law as such Board, and meet at the City Council room in said city on the second Monday of July, of every year, and revise, amend and equalize the assessment on the roll of 71the City Assessor. It shall be the duty of the¹ City Assessor to be present at all meetings of the said Board of Equalization; to pre- sent before the Board all facts relating to the assess- ment. Such Board of Equalization is vested with all the pow- ers which are or may be vested in the County Boards of Equalization, under the general laws of the State, so far applicable, but shall not be restricted by any limitation as in respect to reducing aggregate sum of real or personal property as returned by the 71City Assessor. SEC. 4. Such Board of Equalization may sit from day to day, or adjourn from time to time, as it shall deem proper, until it shall have completed the equalization of such assessment. MINNEAPOLIS CITY CHARTER. 63 TAXATION AND FINANCE. CHAPTER V. when com- It shall complete such equalization on or before the Equalizations, second Tuesday of August of every year, and shall have pleted-Clerks. power to employ such clerk or clerks as shall be neces- sary to complete the revision of such assessment rolls within said time. Every person aggrieved by any assessment shall have Grievances. the right to appear before such Board and present his grievance for its consideration. City attorney meetings. to attend board It shall be the duty of the City Attorney to attend the hearing of such grievances before such Board, and, when ever it appears upon the hearing of such grievances that any property is listed or assessed at less than its true value, to call attention of the Board to such undervalua- valuations. tion and to make application in behalf of the city for the correction of such undervaluation. Under- confirm assessments. SEC. 5. When the assessment rolls shall have been re- Council to vised by the Board of Equalization, they shall be returned to the City Council who may confirm the same or return the same to said Board for further revision, to be again reported to the City Council. return rolls. When the City Council shall have confirmed the assess- City clerk to ment the City Clerk shall enclose therein a memorandum of such confirmation, and such rolls shall then be returned to the County Auditor as other assessment rolls. fails to act. Certificate of In case said City Council shall neglect to take final When council action on such rolls, on or before the second (2d) Thurs- day after the first (1st) Tuesday of August of every year, it shall be the duty of the City Clerk to return them to the County Auditor, with a certificate of the fact, and in city clerk. such case the assessment rolls, as revised or equalized by such Board, shall have the same validity as if confirmed by said City Council. assessors, etc. 72SEC. 6. The City Assessor shall be paid a stated an- Salary of nual salary to be fixed by resolution of the City Council. All Deputy Assessors, Clerks of Assessors and of the Board, and the members of such Board of Equalization, shall be paid such reasonable compensation upon ac- of Board. counts of time, audited by the Comptroller, as shall be determined by the City Council. Compensation 73 SEC. 7. The fiscal year of said city shall commence Fiscal year. on the first (Ist) day of March: 64 ا MINNEAPOLIS CITY CHARTER. CHAPTER V. Fiscal year, 1889. City comptrol- expenses. TAXATION AND FINANCE. 73*Provided, That the fiscal year shall begin on the first (1st day of each and every year, beginning with the first (1st) day of January, 1889. SEC. 8. The City Comptroller shall, on or before the ler to estimate tenth (10th) day of September of each year, report to the City Council an estimate of the current expenses of the city and the several wards thereof, for the fiscal year commencing on the first (1st) day of March next ensuing, together with a statement of the amount of all revenues received by the city for the year ending on the first (1st) day of September, from other sources than taxation. Revenue statement. Tax-levy computation. Ward estimate. Revenue from licenses, fines, etc. Proceeds of sales. City council to levy tax. Current expense tax limited. He shall also, as soon as may be after the State Board of Equalization shall have completed its adjustment of the assessment of the taxable property in said city, re- port to the City Council a computation of a rate of tax- levy which, with the amount of revenue received by the city for the last year, reported as aforesaid and applicable to the current expenses of the city,shall be sufficient to de- fray the current expenses of the city for the next fiscal year, according to the aforesaid estimate, and, at the same time, a computation of the amount of tax-levy on the several wards of the city necessary to defray the ex- pense of such wards, according to his said estimate. SEC. 9. The revenues of said city derived from licenses, rents, fines, except such fines collected from keepers or inmates of houses of prostitution as may be otherwise provided for, and all costs and judgments collected in favor of said city, shall be devoted to the current expenses of the city. All receipts from sales of property shall be applied to the permanent improvement fund. 74†SEC. 10. After the making of the reports of the City Comptroller, provided for in section eight (8) hereof, the City Council shall levy such tax on all the taxable property in said city as it shall deem necessary, in addi- tion to the other revenue of the city applicable thereto, to defray the current expenses of the city for the next fiscal year, but no such taxes for such current expenses shall in any year amount to more than 74 six-tenths (6-10) of one per cent. of the assessed valuation. *Section printed as amended; see Special Laws of 1887, chapter 15, section 18. +See act relative to Board of Tax-Levy, supra. MINNEAPOLIS CITY CHARTER. 65 TAXATION And Finance. 74 Drior to its levying such tax to defray the current ex- penses of the city for the next fiscal year, said City Coun- cil shall, by resolution, appropriate a certain sum of money for the expenses of said department of the city govern- ment, which is to be paid out of said current expenses fund, and no more money than thus appropriated shall be expended for any fiscal year for any such department of the city government. ✓ CHAPTER V. Appropria- tions for the year to be prior to tax-levy. Comptroller to report of make quarterly expenses. SEC. II. The City Comptroller shall, as soon as may be after the first (1st) day of June of each year make re- port to the City Council of the actual expenses of the city for the first quarter of the then current fiscal year, the amount of taxes collected and outstanding, and of the revenues received from other sources, and if, upon the making of such reports, it shall appear that the current expenses for such quarter have exceeded the estimates upon which the tax-levy therefor was based, or that the revenues of said city are likely to fall short of their esti- mated amount at the time of making such tax levy, the City Council shall forthwith proceed to reduce the cur- Reduction of rent expenses of said city, in such manner as may be expenses. deemed advisable, and for that purpose may diminish. the amount of service for lighting streets, reduce the force or number of men employed in the several depart- Reduction of ments of the city, except the fired epartment, (but in the employes. discharge of such employees said City Council, so far as may be, [shall] provide that such discharge shall be oper- ative only during the summer months of the year), and when necessary, for the proper reduction of such expenses, current salaries. may reduce the salaries or compensation of all officers Reduction of and persons employed by said city, by a uniform rate not exceeding ten (10) per cent. of such salaries or stated compensation. In all future contracts for lighting streets the right of the city to reduce the amount of service on account of deficiency of revenues shall be reserved. Street lighting reduction of service. SEC. 12. The City Council shall also at the time of Ward levy. making such levy for current expenses, and upon the recommendation of a majority of the Aldermen of each of the several wards of the city, levy upon the taxable property in such wards such tax, not exceeding one-fourth (4) of one (1) per cent. of the assessed valuation of such Limitation. wards, as may be necessary to defray the expenses of such ward for the next fiscal year. 66 MINNEAPOLIS CITY CHARTER. CHAPTER V. Interest on bonded indebtedness. Fund for payment of principal. Sinking Fund. Not to be abolished. Excess of collection. Increase of sinking fund. Sinking fund commissioners Investment of sinking fund. TAXATION AND FINANCE. SEC. 13. The City Council shall also at the same time levy upon all the taxable property in said city, such taxes as shall be sufficient to pay the interest to become due during such next fiscal year upon all the bonds or debt of said city, and an additional tax of one mill on a dollar of the assessed valuation of all such taxable property, to provide for the principal of said bonds or debt when the same shall have become due, and the amounts col- lected pursuant to this section shall not be applied to any other purpose than herein named; but this restriction shall not prohibit the investment of the sinking fund hereinafter provided for. SEC. 14. In order to provide for the certain pay- ment of the bonds and debts of the city, the City Council is authorized to maintain the sinking fund already estab- lished, and to provide by ordinance for the care, invest- ment and security thereof, and from time to time to amend such ordinances in such manner as may be neces- sary or expedient, but shall have no authority to abolish such sinking fund until all the debts of the city are fully paid, nor shall it divert said fund or any revenue or increase thereof to any other purpose. All amounts, if any there be, collected of the tax to pay the interest on the bonds of the city in excess of the amount of such interest, the whole amount of the one mill levy for the payment of the bonds of the city pro- vided for in the preceding section, and all revenues of the city not otherwise appropriated, shall be applied to the increase of such sinking fund. The City Council shall, by such ordinance, provide for and appoint a Board of Sinking Fund Commis- sioners, consisting of three persons, determine the time such Commission shall serve, and define such of their duties as are not herein enumerated. Such Commissioners shall have charge of said sinking fund, and, by and with the consent of the City Council, invest the same in the bonds of the said city, or such other bonds as are permitted for the investment of the permanent school fund of the State of Minnesota, or in the bonds of any city in the State of Minnesota having a population of five thousand or more, or in such county or school bonds in the State of Minnesota as may be approved. 1 t MINNEAPOLIS CITY CHARTER. 67 1 TAXATION AND FINANCE. CHAPTER V. Bonds not cancelled, In case of investment in the bonds of said city the same shall not be canceled but shall be held by said when. Commissioners and the interest thereon paid over and applied to the increase of such sinking fund. bonds. Whenever the principal of any of the bonds of the Payment of city shall become due such Commissioners shall, by and with the consent of the City Council, dispose of such of the bonds belonging to such fund as, with the money on hand belonging to the same, shall be necessary to pay such bonds. omitted, when. Whenever the amount of such sinking fund shall, with One mill tax the interest or revenue thereof computed to the time of maturity of the bonds or debt of the city, be sufficient to pay all of said bonds or debt at the maturity thereof, the levy of the one mill tax aforesaid may be omitted; but in case, by reason of decrease of interest or deprecia- tion of investments or other cause, said fund shall not be sufficient the same shall be resumed. In case the City Council,Sinking Fund Commissioners,or Neglect of duty other city officers shall violate or neglect to conform to any Tax-payers and of the provisions of this section, any tax-payer of the city, or any owner of any of the bonds of said city, shall bond-owners. have the right to maintain, in any court of competent jurisdiction, any appropriate action to enforce compli- ance therewith. The substantial maintenance of the provisions of this and the preceding section, for the payment of the prin- cipal and interest of the bonds or debt of said city, is hereby declared to be part of the contract with the holder of any bonds of the city that may hereafter be issued and shall be kept inviolate. Bond contracts inviolate. to be kept interest, when. SEC. 15. Whenever the sinking fund, provided for in Bonds for section fourteen (14) hereof, shall be insufficient to pay all the bonds of the city that may at any time become due, the City Council may issue the bonds of the city, to run not exceeding thirty years, on such terms as to place of payment and rate of interest as may be deemed ad- visable, to such amount as may be necessary to meet such deficiency, but neither said City Council, nor any officer nor officers of said city, shall otherwise, without special authority of law, have authority to issue any bonds, or create any debt, or any liabilities against said city, in ex- cess of the amount of revenue actually levied and appli- cable to the payment of such liabilities. Special author- ity required for other bonds, etc. 68 MINNEAPOLIS CITY CHARTER. CHAPTER V. Bonds for permanent improvement. TAXATION AŊd Finance. 75SEC. 16. The City Council is hereby authorized to issue the bonds of said city to an amount not exceeding forty thousand dollars, for such time, not exceeding thirty years, and on such terms as to rate of interest, and place, and manner of payment, as may be deemed advis- able, and to put the avails thereof into the treasury of Proceeds to be said city, to be kept distinct from all other funds of the city, and designated as the permanent improvement fund. kept distinct. Fund may be used in advance of assessment. And for bridges, water- works, etc. Not for current expenses. Proceeds of special assessment. Tax-levy for permanent improvement. Tax limitation. Comptroller to notify council when funds deficient. The City Council may provide for the payment, out of said fund, of the expenses of any such improvement as may be assessed, in whole or in part, upon any special property to be benefited by such improvement, and in ad- vance of the collection of such assessments. From said fund shall also be paid all such portions of the expenses of such assessable improvement as shall de- volve on said city, and also the expense of all bridges, buildings, water works and other permanent improve- ments, not otherwise specially provided for by law. No part of such fund shall ever be applied to the pay- ment of the current expenses of said city, nor to any other purpose than such as are herein designated. All sums collected upon special assessments, whose costs shall have been advanced out of such fund, shall be returned to said fund. The City Council shall annually, at the time of making the other tax levies of said city, levy a tax sufficient to replace all expenditures made from said fund, not pro- vided for by such special assessments, and may by tax- levy provide for the increase of such fund to such amounts as may be deemed necessary. 75 Provided, That the whole amount of tax levied in any year, on account of such fund, shall not exceed 15two- tenths (2-10) of one per cent. of the assessed valuation of the taxable property of said city. 76 SEC. 17. Whenever the amount contracted or appro- priated to be expended out of such permanent improve- ment fund or of any ward fund shall be equal to the amount of such fund actually on hand and 76nine-tenths. of the amount of uncollected taxes levied for the cur- rent fiscal year as aforesaid, and applicable to such fund, or when the amount called for by any proposed contract 1 MINNEAPOLIS CITY CHARter. 69 TAXATION AND FINANCE. CHAPTER V. not to sign when. shall, together with the amounts previously appropriated Comptroller or contracted for, exceed the amount of such fund on contracts, hand, and such 76nine-tenths of the uncollected taxes, the City Comptroller shall forthwith notify the City Council of such fact, and he shall not countersign any contract payable out of such fund until the amount of such fund on hand, with 76 nine-tenths of the amount of uncollected taxes aforesaid, shall be sufficient to meet the liabilities created by such contract, in addition to all liabilities previously contracted for; and he shall never countersign any contract payable out of the revenues of any other fiscal year than the one in which such contract shall be performed. may sign 76 Provided, That where special assessments have been Comptroller made for any improvement, or where the city has been contracts, authorized to sell bonds to raise money for any improve- when. ment, then, in such cases, said Comptroller may counter- sign any contract for such improvement, where said con- tract provides that no payments shall be made until such money is in the treasury; and in any case, where the money is to be raised by such sale of bonds, such con- tracts may provide for the construction of such improve- ment to extend over a period of several years, to be paid for as finished, or on periodical estimates, out of the revenues or moneys provided for the year when to be contracts. so paid. He shall countersign no order upon the treasury until there shall be money in the treasury belonging to the proper fund wherewith to pay the same, and all orders on the treasury shall be countersigned in the order in which the claims are allowed, upon each fund respectively. Periodical pay- ments on Orders not to fund signed when exhausted. Taxes to be resolution, levied by SEC. 18. All taxes shall be levied by resolution of the City Council, and no tax shall be invalid by reason of any informality in the manner of levying the same, nor be- cause the amount levied shall exceed the amount required to be raised for the special purpose for which the sum is levied, but in such case the surplus shall go into the fund Surplus funds. to which such tax belongs and may be applied to the fur- ther uses of such fund. tax-levy. SEC. 19. The City Council shall cause to be transmit- Statement of ted to the County Auditor of Hennepin county, on or before the tenth day of October of every year, a state- 70 MINNEAPOLIS CITY CHARTER. CHAPTER V. Collection of taxes. County treas- urer to pay over taxes, Settlements with city treasurer. Advance of tax collections. TAXATION and Finance. ment of all taxes by it levied, and such tax shall be col- lected and payment thereof be enforced with and in like manner as State and county taxes are paid and the pay- ment thereof enforced. SEC. 20. The County Treasurer of said Hennepin county shall pay over such taxes, together with all inter- est and penalties which shall be collected on account of the same, when collected, to the Treasurer of said city; and in the several settlements of the funds to be paid over as provided for by general law, said County Treas- urer shall account for and pay over to the City Treasurer such portions of the interest paid by bankers with whom funds of said county are deposited, as have accrued upon funds arising from city taxes and assessments so deposited with such county funds or as parts thereof. Whenever, previous to any of the settlements provided for by law, there shall be a lack of funds in the city treas- ury for any purpose and there shall be funds in the county treasury which shall have been collected on ac- count of city taxes or assessments, the County Treasurer shall, on the application of said City Treasurer, advance To be accoun- and pay over such sums as shall be estimated to be the ted for at set- tlement. Apportion- amount collected on account of such city taxes or assess- ments, and such advances shall be accounted for and ad- justed at the next regular settlements with said city. The City Treasurer shall also forthwith, after such set- ment of funds. tlements, adjust and apportion the funds, so advanced, among the several city funds in his hands. County audi- tor's tax- statement. Abatements, etc. Delinquent taxes. 77 SEC. 21 It shall be the duty of the County Auditor of the county of Hennepin to make out and transmit to the City Comptroller of said city, on or before the first (1st) day of December of each year, a statement showing the exact amount of taxes levied on account of the several funds of said city, and each ward thereof, and of the Board of Education of said city, according to the tax lists made out by said Auditor, and at the same time make out and transmit to said Comptroller a statement of all abatements, corrections or additions to said tax lists, and of all amounts of all taxes cancelled as uncollectable, within the year next preceding, and the several amounts of such changes affecting each of said several funds; and also a further statement of the amount of taxes delinquent and outstand- ing applicable to said several funds, andin such statetment MINNEAPOLIS CITY CHARTER. 71 TAXATION AND FINANCE. CHAPTER V. taxes of prior to be made on the first (1st) day of February, A. D. Delinquent 771882, he shall also state the said several amounts so delin- years. quent on the tax lists for the years 1878, 1879, and 1880, and of 1877, and prior years. He shall also, at the time of making settlements with the County Treasurer required by law, furnish said Comp- troller with a certified statement of the several amounts collected by said County Treasurer on account of each of said several funds as shown by such settlements. Certified state- ment of collec- tions. when issued. 78 SEC 22. No money shall be paid out of the city City orders, treasury, except for principal or interest of bonds, unless such payment shall be authorized by a vote of the City Council, and shall then be drawn out only upon orders signed by the Mayor and Clerk, and countersigned by the Comptroller, which orders shall specify the purpose for which they were drawn, and the fund out which they are Form of orders payable, and the name of the person in whose favor they may be drawn, and may be made payable to the order of such person, or to the bearer, as the City Council may de- termine. employes on pay rolls. Form of pay- rolls, etc. 78 Provided, That the City Council may provide by ordi- Payment of nance for the payment of all employes of said city, which are paid by order of the City Council, on pay-rolls to be prepared as directed by said ordinance, by heads of de- partments or otherwise, audited by the City Comptroller, ordered paid by said City Council after so being audited, and paid by the City Treasurer and receipted by the em- ploye on said pay-rolls, which pay-rolls shall be deposited by said Treasurer with said Comptroller on receiving war- rants, drawn as other warrants are drawn, for the sums to- tal of such pay-rolls; such warrants shall refer to the date, number, sum total, and department paid for, of such pay-roll, and, to save time to the employes of said city, the Mayor may direct the Treasurer to go to any place in said city at a particular time to pay the employes thereof where more than ten (10) employes are working on any city work. 78 And also further provided, That when the Board of Edu- Pay-rolls for cation, the Board of Park Commissioners or the *Board of board Water Commissioners of said city shall, by resolution, request the Treasurer of said city to pay the respective regular employes of said respective Boards on pay rolls, *Water Board abolished; see chapter 23, Special Laws of 1887. employes. 72 MINNEAPOLIS CITY CHARTER. CHAPTER V. Board employes, payment of. Orders to be canceled. Destruction of canceled bonds, orders, etc. Depositories of city funds. Applications of banks for same. Council to fix bonds, etc. Approval of bonds. Designation of banks. TAXATION AND FINANCE. in a similar manner as above named for paying employes who are paid by order of the City Council, as near as practicable, then said City Treasurer shall pay the re- spective regular employes of such Board, so requesting the same, on such pay-rolls. Sec. 23. When any such order shall have been paid to or received by the Treasurer, it shall not again be issued, but he shall immediately cancel the same and file the same away in his office, keeping the orders drawn upon each fund separately. SEC. 24. The City Council may provide for the exami- nation from time to time, of such canceled orders, and also of canceled bonds or other obligations in the hands of the Treasurer, and for their destruction, preserving such record or vouchers thereof, as the City Council or any committee thereof may deem proper. SEC. 25. Any bank in Hennepin county, with a capital stock equal to or exceeding fifty thousand dollars, which desires to receive on deposit, as provided in this act, a portion of the funds in the hands of the City Treasurer of said city, shall, prior to the first (1st) Monday in April, A. D. one thousand eight hundred and seventy-nine (1879) file with the City Comptroller of said city an application for such deposits, stating that they will furnish good and sufficient bonds payable to the city of Minneapolis for double the amount of money likely to be received, and conditioned for the safe keeping and payment of the funds so deposited and interest thereon; and that they will pay interest on such deposits as provided in this act. The applications so filed shall be presented to the City Council, who shall determine upon the amount of bonds which shall be required of each bank, and the City Clerk shall notify the banks thereof. The banks shall then execute such bonds, with three or more securities, and present them to the City Council for approval; and all of such banks, which shall furnish bonds which shall be approved by the City Council, shall be designated by the City Council as depositories for funds in the city treasury. 1 MINNEAPOLIS CITY CHARTER. 73 { TAXATION AND FINANCE. CHAPTER V. banks, deposits SEC. 26. After such designation shall have been made Designated all the funds then in the hands of the City Treasurer, or in. thereafter received by him, shall be deposited in the banks designated, in the name of the city of Minneapolis, and subject to the order of the City Treasurer; and the funds. so deposited shall be distributed, as near as may be, in pro- portion to the paid-up capital stock of the banks receiving such deposits. SEC. 27. The banks receiving such funds on deposit shall pay interest on the same at the rate of three (3) per cent. per annum on daily balances; which interest shall be computed at the end of each calendar month, and placed to the credit of said city at that time. Banks to pay deposits. interest on Provided, That if the City Treasurer shall at any time re- Certificates of ceive, or have in bank, funds which will probably remain deposit, when. on deposit three (3) months or longer, instead of leaving such funds deposited in open account, he shall take there- for certificates of deposit, payable to his order on demand and bearing interest from date at a rate not less than four (4) per cent. per annum, and at such higher rate as he may be able to negotiate for. deposits. Provided further, That the total amount deposited in any Limitation of bank (both on open account, and on certificates of depos- it), shall not at any time exceed one-half the amount of the bonds of said bank to the city. Monthly statement of deposits. SEC. 28. The City Treasurer shall make monthly state- ments of the amount of money deposited, as hereinbefore provided, giving the amount deposited in open account, and in interest-bearing certificates, in each bank separate- ly, and file such statement with the City Clerk, who shall present the same to the City Council at its next regular meeting thereafter; and the City Clerk shall furnish a copy publication. thereof to any local newspaper, applying therefor for pub- lication, free of charge. SEC. 29. When the funds in the hands of the City Treas- urer shall be deposited, as hereinbefore provided, such Treasurer and his bondsmen shall be exempt from all li- ability therefor by reason of the loss of any such deposi- ted funds, from the failure, bankruptcy, or any other acts of any such bank or bankers, to extent and amount of such funds in the hands of such bank or bankers at the time of such failure or bankruptcy. Copies for City Treasurer liability, when. exempt from 74 MINNEAPOLIS CITY CHARTER. CHAPTER V. When banks decline to give bonds etc. Banks outside Hennepin county. Limitations as to capital. City treasurer to secure interest. Annual statement of city treasurer. Newly organized banks may receive deposits. How designated. Insufficient security. TAXATION AND FINANCE. SEC. 30. If all the banks of Hennepin county shall decline to give bonds and receive deposits, as provided in this act, or if the bonds offered shall not be of sufficient amount to cover and make secure the deposits to be made, then the City Treasurer, with a committee of the City Council, shall negotiate for such deposits, or such part thereof as they may deem necessary, with any bank or banker outside of Hennepin county, which will give bonds, with sureties to be approved by the City Council; and in case such negotiation be made and bonds accepted then the City Treasurer is hereby authorized to deposit the funds of said city in such bank, in the same manner as in banks mentioned in section ten (10) of this chapter. Provided, That no bank outside of Hennepin county shall be so selected unless it have a paid-up capital of not less than fifty thousand dollars. SEC. 31. It is hereby made the duty of the City Treas- urer to make every endeavor to secure interest on the pub- lic funds, consistent with their safe keeping, as herein provided, and to manage such funds in the interest of the city; but he shall in no case postpone or defer any pay- ments after the same shall become due, in order to se- cure additional interest in such funds. At the close of each fiscal year, the City Treasurer shall make a statement of the total amount of interest on pub- lic funds received by him during the year, and such inter- est shall be placed to the credit cf the several funds from which it shall accrue. SEC. 32, Any bank in Hennepin county, newly organ- ized, or which has not before received any of the city funds on deposit, having a paid-up capital of not less than fifty thousand dollars, may at any time make appli- cation to the City Council for the deposit of a portion of the city funds, and if they shall give bonds, which shall be approved by the City Council, and comply with the con- ditions of the act, the City Council may designate any such bank as a depository of such funds, as provided in section twenty-four (24) of this chapter. SEC. 33. Whenever, from the change in the financial ability of sureties, or from other causes, the City Council shall deem the bonds of any bank insufficient security for MINNEAPOLIS CITY CHARTER. 75 f TAXATION AND FINANCE. CHAPTER V. Council m bonds. require new the funds therein deposited or liable to be deposited by the City Treasurer, the City Council shall require a new bond with sureties to be approved by the City Council, to be given by such bank, and if such bank shall fail to promptly execute and present such new bonds, the City Treasurer shall at once withdraw all deposits from such bank, and such bank shall cease to be a depository of city Deposits may funds until it shall be reinstated as such by vote of the be withdrawn. City Council upon the execution of bonds, which shall be approved by the City Council. continue in force. SEC. 34. All bonds given by banks, as provided in this Bonds to chapter, shall continue in force so long as funds of the city, or of which the City Treasurer is the custodian in any way, deposited in such bank, shall be unpaid by the banks giving such bonds; and the City Council, at its second regular session in the month of March, in each year, shall examine all the bonds in the hands of the City Annual Treasurer, and if any are deemed insufficient, they shall examinati.n require new bonds to be executed; and the Council may make such examination and orders at any other time. bonds, All of such bonds, given by banks under the provisions Bonds of banks of this chapter, shall, upon being approved by the City how recorded Council, be recorded by the City Comptroller, and then deposited with the City Treasurer for safe keeping; and the record of such bonds so kept by the City Comptroller, or copies thereof certified by that officer, shall be compe- tent and prima facie evidence of the contents and teñor of such bonds. appropriated *SEC. 35. The City Council is authorized to appropri- Fines of bawdy ate and set apart the whole or any portion of the fines house-keepers, which may be collected from keepers or inmates of houses how. of ill-fame, or from persons resorting to such houses, for the use and support of any institution in said city estab- lished for the care and reformation of fallen women, or [for] the building and maintaining of a city hospital. * "An Act to Amend the Charter," eto., approved March 2, 1887, (special laws, chapter 16) provides that to the end of section 35, of chapter 6 there being no sec- tion of that number in said chapter, and said chapter being expressly repealed three days later the following words and figures be added, viz: "The said City Council may appropriate out of the current expense fund of said city, sometimes called the general fund, a sum of money sufficient to defray the expenses of any insti- tution in said city est iblished for the care and reformation of fallen women, and the Bethany Home in said city is hereby designated as such an institution, estab- lished for the care and reformation of fallen women. Said sum of money not to exceed the sum of six hundred dollars per month. The intention was, doubtless, to amend section 35, of this chapter, but it was not accomplished. 76 MINNEAPOLIS CITY CHARTER. CHAPTER V. Orders paid from current expense account. Judgments against city. TAXATION AND FINANCE. SEC. 36. All appropriations and expenses of the city, not otherwise specially provided for, shall be paid out of the fund for the current expenses of the city. SEC. 37. No limitation or restriction herein shall be construed to prohibit the levying of taxes to pay any judgment that may at any time be recovered against said city, but in case of such judgment the City Council shall, at the time of making the last annual levy after the rendi- tion of such judgment, levy and assess a special tax upon Special tax for, all the property in the city, or such ward thereof as may be responsible for the payment of such judgment, suffi- cient to pay such judgment. when made,etc. New levy for judgment, when. paid urrent (se fund. In case of failure to collect taxes or other cause, such levy shall prove insufficient, new taxes shall be levied until the whole of such judgment is paid. Any excess of the amount so levied and collected, over the payment of such judgment, shall be credited to the current expense fund of the city, or the funds of the proper ward, as the case may be. i MINNEAPOLIS CITY CHARTER. 77 SECTION. CHAPTER VI. POLICE DEPARTMENT. 1. [Omitted in act.] 2. Board of Police Commissioners.— General Powers and Duties.- Bonds and Compensation of Po- lice.-Rules and Regulations. 3. Board, how composed.-Mayor, ex- officio, President.-CityCouncil to elect four Commissioners.-Suc- cessors, how elected.-Vacancies. 4. Salary of Commissioners.-Expenses a valid charge -Oath of Office, form of.-Fitness, not Favoritism, to Govern Appointments. 5. Public Peace to be Preserved, and Laws Enforced.-Commissioners, may Subpoena Witnesses and Ad- minister Oaths.-Vice President and Clerk. Duties of Clerk. 6. Special Policemen in Emergencies. -Limited Policemen or Watch- men.-Duties and Limitations. SECTION. 7. Rules for Board.-Quorum.-Ap- pointments on and Removal from Police Force, how. 8. Qualifications for Appointees on Po- lice Force. Disqualifications.- Powers of Police. 9. Board Not to Have Jurisdiction over Park Police.-Park Commission- ers to control same. 10. Former Folice Organization to Re. main in Force until Board organ- izes.- No Removals Therefrom,Ex- cept for Cause. 11. Commissioners Guilty of Misde- meanor, etc., how removed. 12. City Council to Audit and Pay Salar- ies and Expenses.-B、ard to make Detailed Quarterly Reports.- Books Examined and Estimates Furnished, when. *[ENTIRE CHAPTER AMENDED 1887.] 82 SECTION I. [No section 1, chapter 6, in the act.] No section 1. commissioners 82†SEC. 2. There is hereby created and established in Board of police and for said city an official board, which shall be styled "The Board of Police Commissioners of the City of Min- neapolis," in which shall be vested, subject only to the limitations herein contained, fall the powers of said city General power. connected with and incident to the establishment, mainte- nance, appointment, discipline and control of its police. of department. Said Board shall have the custody and control of all To have control books, records, teams, vehicles, telegraph and telephone lines and instruments, station-houses, lock-ups and all *See Special Laws of 1887; chapter 9. †See section 9 of this chapter and section 8 of chapter 7, supra. { 78 MINNEAPOLIS CITY CHARTER. CHAPTER VI. Board to con- trol buildings and property. To appoint and remove police. Compensation of appointees. 1 Rules and regulations. Five commis- sioners, includ- ing president (mayor). Commissioners how elected. POLICE DEPARTMENT. other public property appertaining to the Police Depart- ment of said city, and may, out of any money appropri- ated by the City Council for that purpose, provide and maintain such other buildings, facilities and equipments as it may deem essential to the efficiency of said police. It shall have authority to appoint and remove at its pleasure all members of the police force, including clerks, detectives, watchmen, jailors, teamsters and other em- ployes, and to prescribe the title, rank and duties of each; and it may require a bond from any such members of said police force and fix the conditions thereof. It may fix the compensation of all such appointees,sub- ject to the approval of the City Council, and may make all needful rules and regulations for the efficiency and discipline of such police force, and may promulgate and enforce general and special orders for its government. SEC. 3. Said Board shall consist of five (5) Commis- sioners, including the Mayor of said city, who shall be ex- officio a member of said Board and President thereof. The City Council of said city shall, within twenty (20) days from and after the passage of this act, by an affirma- tive vica voce vote of a majority of the whole Council, elect four (4) Police Commissioners, no one of whom shall, during his term of office, hold any other office under the government of said city, and not more than two (2) of whom shall be selected from members of one po- Qualifications. litical party; and such Police Commissioners, together with the Mayor of said city, shall constitute the Board of Police Commissioners contemplated and provided for in this act. Organization of board. Term of office. The term of office of the said Commissioners, so to be elected by the said City Council, shall begin on the first (1st) day of April, one thousand eight hundred and eighty-seven (1887), and said Commissioners shall, as soon as practicable after said first (1st) day of April, and on or before the second (2d) Wednesday in April of said year, meet and organize as said Board. One of said elective Commissioners shall serve for one (1) year, one (1) for two (2) years, one (1) for three (3) years, and one (1) for four (4) years from said last named date, and until their successors shall have qualified; and MINNEAPOLIS CITY CHARter. 79 POLICE DEPARTMENT. CHAPTER VI. said City Council shall, at the time of such election, desig- Terms of office nate which one of said Commissioners shall serve for one (1) year, which one (1) for two (2) years, which one (1) for three (3) years and which one (1) for four (4) years. after 1887. In the month of March, of each year after the year one Election of thousand eight hundred and eighty-seven (1887), the said commissioners City Council shall in like manner elect one (1) Commis- sioner to succeed the one (1) whose term is about to ex- pire; and the term of each such newly-elected Commis- sioner shall continue for four (4) years from the first (1st) Wednesday in April of the year in which he is elected, and until the qualification of his successor. In case the City Council shall, for any reason, fail to When council make such election at the time or times herein specified, fails to elect. the same may be made at any time thereafter, and the person or persons so elected shall hold office from the date of his or their qualification until the expiration of said term, and until the election and qualification of their successors. In case of any vacancy, occuring by death, resignation, Vacancies, removal or otherwise, the City Council shall in like man- ner fill the same by election for the unexpired term. two of one party. In each election of a Commissioner or Commissioners Not more than the City Council shall so provide that not more than two (2) of said elective Commissioners shall at any time be members of the same political party. Salary of com- missioners. 82 SEC. 4. Said elective Commissioners shall receive a salary, which shall at all times be equal to the salary re- ceived by members of the City Council of said city, and all necessary expense incurred by them, in the discharge charge. of their official duties, shall be a valid charge against said city. Expenses a Before exercising the duties of their office, they shall Oath of office. severally take, subscribe and file, in the office of the City Clerk, an oath that they will support the constitution of the United States and of the State of Minnesota, and faith- govern fully perform the duties of their office; and that in no case Fitness to will they favor the appointment or removal of any person appointments. to or from any position connected with said police force on account of any reason other than his fitness or unfitness, in their best judgment. 80 MINNEAPOLIS CITY CHARTER. CHAPTER VI. Board to pre- serve the etc. peace, May compel of witnesses. POLICE DEPARTMI NT. 82 SEC. 5. It shall be the duty of said Board to provide that at all times of day and night, everywhere within the limits of said city, and wherever the jurisdiction of said city shall extend, the public peace and order shall be pre- served, crime prevented, offenders arrested, the rights of person and property protected, and all ordinances and laws in force in said city duly observed and enforced. Said Board shall have power to issue subpoenas, attested the attendance in the name of its President, to compel the attendance of witnesses before said Board, in any proceeding authorized by its rules and regulations, and any member thereof may administer oaths to such witnesses. Vice-president. Police clerk and duties. Special police- men. Watchmen for limited dis- tricts. It shall appoint one (1) of its members as Vice Presi- dent of said Board, and fix the term of his office. It may also appoint a clerk, to be denominated Police Clerk, who shall keep a record of all proceedings of the Board, and he shall also keep such other books, records and accounts, and perform such other duties as the Board may from time to time prescribe; and he shall hold his office during the pleasure of said Board. 82 SEC. 6. Said Board may, in case of any mob, riot, pestilence, invasion or other emergency, or for election days and days of public celebration or parade, appoint as many Special Policemen as it may deem necessary, who shall have all the powers and perform all the duties of regular Policemen. The Board may likewise, at the request of any person firm, society or organization, appoint Policemen or Watch- men who shall serve without expense to the city and have police powers to preserve the peace and protect property within such limits and at such places as may be Not to act out- designated in such appointment, but such Special Police- men or Watchmen shall not exercise any authority to wear any badge of office outside the limit so designated. side of limits named. Meetings and quorum. 82 SEC. 7. Said Board shall adopt suitable rules for the government of its meetings and the conduct of its business. Four (4) members thereof shall constitute a quorum, and no person shall be appointed to or removed from said police force, except by the concurrence of at least four (4) members of said Board; but the action of 1 1 MINNEAPOLIS CITY CHARTER. 81 POLICE DEPARTMENT. any regular or special meeting of said Board, attended by only three (3) members thereof, shall be valid when rati- fied by the approval of an additional member, entered and subscribed upon the minutes. CHAPTER VI. Four members when. to concur, of appointees. 82SEC. 8. No person shall be appointed a member of Qualification said police force who shall not have been a resident of said city for at least three (3) years next preceding his appointment; nor shall any person be so appointed who cannot read and write the English language, or who has been convicted of any crime. policemen. All Policemen so appointed shall possess all the com- Powers of mon law and statutory power of Constables, and any war- rant for search or arrest, issued by any magistrate or court of record in Hennepin County, may be executed in any part of said county by any member of said police force. police. 82*SEC. 9. Nothing herein contained shall give said No control Board jurisdiction over any such police force as the over park Board of Park Commissioners, of said city, may, at any time, be authorized by law to organize and maintain; but the creation, management and direction of such Park Police shall remain where the same now are, or may here- after be, vested by law. 82 SEC. 10. Until the appointment and qualification of Former organ- the Board of Police Commissioners, herein provided for, ization in force the present police organization of said city shall be con- tinued in force, and all the provisions of said Charter appertaining thereto, and which are hereby superseded, shall remain in full force and effect, so far as may be necessary for the proper police protection of the city; but immediately upon its organization, said Board shall assume control of said police, and shall forthwith ap- point and organize a new force, and thereafter adminis- ter the Police Department of said city, under the pro- visions of this act. Until new force organ- ized. Provided, That no member of the present police force, Removals for of said city, shall be removed at the time of such re-or- cause only. ganization, except for sufficient cause. *See Section 14 of Act Relating to Board of Park Commissioners, supra. 82 MINNEAPOLIS CITY CHARTER. CHAPTER VI. Removal of Commissioners Complaint, how made. Council to pay salaries, expenses, etc. 1 Board to make quarterly and POLICE DEPARTMENT. 82 SEC. II. The said elective Commissioners, or either of them, may be removed from office by the District Court of said Hennepin county, after trial and convic- tion, upon the petition, with sworn charges, presented by not less than ten (10) reputable freeholders of said city, if it shall appear at said trial that the said Commissioner or Commissioners have been guilty of misdemeanor, or malfeasance in office under this act. 82 SEC. 12. It shall be the duty of the City Council of said city to admit, allow and cause to be paid, the salaries of all members and employes of said police force, and all reasonable and proper charges and expenses incurred by said Board in and about its administra- tion of the Police Department of said city. Said Board shall make to said City Council a detailed yearly reports. report of its doings at the close of each quarter, and an annual report at the close of each year; and shall, when- ever called upon by said Council, submit thereto for ex- amination any of its books or papers and furnish informa- tion and estimates as to the needs and requirements of said department. Examination books -Esti- mates. I - K MINNEAPOLIS CITY CHARTER. 83 SECTIONS. CHAPTER VII. FIRE DEPARTMENT. 1. Fire Limits, Wooden Buildings in Prohibited, when and how. SECTION. 6. Chief Engineer to Nominate Offi- 2. City Council, Powers to Guard Against Fires, etc. 7. 3. Fire Apparatus, Houses, etc.-Fire Alarm Telegraph. 8, 4. Fire Department Rules.-Water Pres- sure During Fires.-Punishment of Offenders. cers and Men-Removals, Dis charges, etc. Fire Marshal, Duties, etc. Fire Police.-Duty of Regular Po- lice. 9. Authority of Chief Engineer.-Pun- ishment for Refusing to Obey. 10. \ 5. Chief Engineer, how Appointed--Of- 11. ficers and Men Expenses, from What Funds Paid. Wooden Sidewalks, to be Prohib- ited, when. prescribe fire SECTION I. The City Council, for the purpose of guard- Council may ing against the calamities of fire, shall have power to pre-limits. scribe the limits within which wooden buildings, or build- ings of all other materials that shall not be considered fire-proof, shall not be erected, placed or repaired, and to direct that all and any buildings, within the limits pre- scribed, shall be made and constructed of fire-proof ma- terials, or of such materials and with such precaution May require against fire as the City Council shall by ordinance pre- buildings. scribe; and to prohibit the repairing or rebuilding of wooden buildings within the fire limits when the same shall be damaged to the extent of fifty (50) per cent. or more of the value thereof; and to prescribe the manner Repair of of obtaining the consent to make repairs in such fire wooden limits, and of ascertaining the extent of damages. structures. of chimneys, SEC. 2. The City Council shall have power shall have power to pre- Construction scribe in what manner, and of what material chimneys ot shall be constructed, and to prevent the dangerous con- struction and condition of chimneys, fire-places, hearths, stoves, stove pipes, ovens, boilers and apparatus used in and about any building, and to cause the same to be re- moved or placed in secure condition when considered dangerous; to prevent the deposit of ashes in unsafe places, and the throwing of ashes in the streets and Ashes, smoke- highways; to compel the use of spark-arresters in all smoke-stacks connected with apparatus where light fuel stacks, etc. 84 MINNEAPOLIS CITY CHARTER. CHAPTER VII. explosive materials. FIRE DEPARTMENT. Fire arms and is consumed; to regulate and prevent the carrying on of manufactories dangerous in causing and promoting fires, and the storing of inflammable or explosive materials, and the use of fire-works and fire arms; to regulate and prevent the sale, or keeping for sale or use, of any fire-works, Chinese crackers, rockets, torpedoes or other explosive contrivances, and to provide for the seizure and destruc- tion of the same. Fire escapes. Also, to compel owners of buildings to have scuttles in roofs, and stairs and ladders to the same and compel owners of buildings of three or more stories in height to maintain ladders or fire-escapes, and to regulate the number and location thereof; to regulate the location and construction of smoke-houses, and to prohibit them where Smoke-houses. they shall be deemed dangerous to other buildings, and to Engine-houseB and apparatus. Fire depart- ment rules. Water pressure Punishment for interfer- ence, etc. make any other provisions to guard against fire, or to prevent the spreading of fires, which the City Council may deem proper. SEC. 3. The City Council shall have power to keep and maintain fire engines and other fire apparatus, and to build and maintain engine houses, hose houses, and such other buildings as may be necessary or convenient; also to erect and maintain fire-alarm telegraphs and boxes and every other means of giving notice of fires. 83 88 SEC. 4. The City Council shall have power and au- thority to make, by ordinance, all needful rules for the government of the fire department, and for the protec- tion and use of all engine houses, telegraph lines, and other property and apparatus pertaining thereto, and of the water works, mains, pipes, cisterns and hydrants, in said city, as used in connection with said department, 88 (but the Board of Water Commissioners shall have the right to determine the highest limit of pressure to be placed on the force used to force water through the said mains during a fire); and by such ordinance provide for the punishment of persons injuring or interfering with such property, or any portion thereof; and may also by such ordinance make provision to keep away from the vicinity of any fire, all idlers and suspected persons, and to compel all bystanders to aid in the preservation of property exposed to danger by such fire. *Board of Water Commissioners abolished; see Special Laws of 1887. Chapter 23. See also Chapter 9 of this Charter, supia. 1 ! 1 MINNEAPOLIS CITY CHARTER. 85 ì } SEC. 5. FIRE DEPARTMENT. CHAPTER VII. of chief The City Council shall annually appoint a Appointment Chief Engineer of the Fire Department, and provide by engineer, etc. ordinance for such other officers and men as may be deemed necessary for such department, and define the respective ranks and duties of such Chief Engineer, and other officers and men, and their compensation. tion of other SEC. 6. The Chief Engineer shall nominate, for the Nomination approval of the City Council, all other officers and men and confirma- connected with such department, and may at any time, officers, etc. by and with the consent of the Standing Committee on Fire Department of the City Council, remove or discharge such officers and men as he may deem it for the interest of the city to discharge; and whenever the City Council shall deem it necessary to reduce the number of men em- ployed, said Chief Engineer shall, upon the direction of the City Council, recommend the discharge of such offi- cers or men as can be released without impairing the working efficiency of such department. Reduction of force. SEC. 7. The City Council may designate such officer Fire marshal of the Fire Department as it may select to act as Fire Marshal of the city, to see that the ordinances of the city relating to the building and care of chimneys, and respecting all other precautions against danger from fire, Powers a are not violated; and who shall have power and be fully duties. authorized to enter any dwelling house or other building at all hours, between seven o'clock in the morning and six o'clock in the evening, and examine all chimneys, stoves, furnaces, pipes and other parts of such buildings, and see that the ordinances of the city respecting the same are enforced. It shall further be the duty of such Fire Marshal to Cause of fires, examine particularly into the cause of every fire which reports on. shall happen within the city, and to make and keep a brief record of the same, and make report thereof to the Council at the first regular meeting in every month. *SEC. 8. Whenever the City Council shall deem it nec- essary it may provide for a Fire Police, of such numbers and with such powers as it may determine, and for that purpose it may either give police powers to such of the officers or men of the Fire Department as may be neces- *Chapter 9, Special Laws of 1887, vests entire authority as to apppointment and control of the Police of the city in the Board of Police Commissioners. See also Chapter 6 of this (harter, ante. Fire police. 1 86 MINNEAPOLIS CITY CHARTER. CHAPTER VII. Regular police FIRE DEPARTMENT. sary, or authorize the appointment of the necessary Police- men in *the same manner as other Policemen are ap- pointed. *In all cases, all Policemen present at any fire shall be to assist, when. subject to the direction of the officers of the Fire De- partment present at such fires. Refusal to obey orders. Penalty. › Denses of SEC. 9. If any person shall, at any fire, refuse to obey the orders of the Chief Engineer of the Fire Depart- ment, or other officer vested with authority at such fires, such person may be arrested by the direction of the offi- cer whose orders are so disobeyed, and, upon complaint: made before the Municipal Court of said city, shall be punished by fine not exceeding fifty dollars ($50) and costs of prosecution, and imprisonment until such fine and costs are paid, not exceeding sixty (60) days. SEC. 10. All expenses of the Fire Department, and all department amounts paid for the purchase of fire apparatus, or any property for the use of the Fire Department, or the erec- tion of any telegraph, shall be paid out of the funds de- voted to payment of current expenses of the city. ents for nge. Wooden side- walks. The construction of engine-houses, or other buildings for the use of such department, may be paid for out of the permanent improvement fund of the city. SEC. II. The City Council shall have power to pro- hibit the construction of wooden sidewalks within the fire limits of the city, whenever it shall deem the safety of the city to require it. *See foot-note on preceeding page. MINNEAPOLIS CITY CHARTER. 87 CHAPTER VIII. PUBLIC HIGHWAYS, Bridges, etc. SECTION. 1. Streets, Alleys, Public Grounde,etc., control of-Water Courses, Bridges Pavements, etc. 2. Street Grades-Damages, Awards, Assessments.-Limitations. 3. Vacation of Streets, etc -Exclusive Powers. 4. Cleansing of Streets, by Contract. 5. City Work, by Contract, when- Days' Work.-Notice, if by con- tract, when. 6. Street Commissioners, Appointment and Duties.-General Street Com- missioner. 7. Commissioners Not to be Interested in any Contract.-Gratuities, etc. 8. Contracts Void, if any City Officer Interested.-Punishment for Brib- when. ery, 9. Mississippi River Bridges, and Cer- tain Railway Bridges a General City Charge-Other Highway Ex- penses Chargeable to Wards, when. 10. Opening New Streets-Construction of Bridges, etc.-Purchase or Con- demnation of Private Property.- Special Assessments and Benefits. -Consent of Cemetery Owners. 11. Paving, Macadamizing, etc.-Special Assessments.-Ground Between Railway Tracks. 12. Sidewalks, Duty of Owners to Build and Repair.-Council May Build and Assess Expense. 13. Street Commissioner to Repair Side- walks.-Assessments for Repairs. -Dangerous Sidewalks Removed. SECTION. 14. Owner Responsible for Damages from Defective Sidewalks.-Ac- tions, Joinder of Owner, Judg- ments, Executions. 15. Moneys for Sidewalks from Perma- nent Improvement Fund, when.- How eimbursed.-Ward to Pay Damages, when. 16. Grounds to be Graded Before Order- ing Sidewalk. 17. Sprin、ling Streets, etc.-May be by Contract.-Water Free. -Special Assessments per Front Foot. 18. Excavating or Obstructing Streets- Guards and Lights.-Damages for Accidents.-Actions, Joinder of Owners, Judgments, Executions. 19. Service of Summons, when Owner Non-Resident 20. Limitation of Actions for Injuries. -Notice to be Given.—When Ac- tion will Not Lie. 21. Railway Companies Not to Obstruct Traveled Portion of Street. - Lia- blity for Damages. 22. City District Adjoining City May be Established.-Plats of Additions in Same. 28. Subdivisions of Lots or Grounds to be Platted and Recorded.-Du- ties of Owners, City Officials and Register of Deeds 24. Acceptance to Plat to Create No Re- sponsibility, when. 25. Bids of Persons in Default to City Not to be Entertained, when. 84*SECTION I. The City Council shall have the care, supervision and control of all highways, streets, alleys, public squares and grounds within the limits of the city,and may lay out and open new streets and alleys, and extend, *See also section 8 of Act Relating to Park Commissioners, supra. Council to con- trol streets, etc. 88 MINNEAPOLIS CITY CHARTER. 4T CHAPTER VIII. Drainage, bridges, etc. Diversion of streams. Pavements. Street grades. Profiles of same. Change of grade Property owners may claim damages. Certificate of building inspector. PUBLIC HIGHWAYS, BRIDGES, ETO. widen and straighten 84any that now exist, or which may hereafter exist; also, for the purpose of drainage, construc- tion of bridges, or making other necessary public improve- ments, or for the improvement of the health or sanitary condition of the people of said city, to enter upon, lower, raise, change the course of or divert any *stream of water (except the Mississippi river) or any ditch or drain within the limits of said city; and may build, maintain and repair bridges across streams or railway tracks; may provide for the pavement of gutters or the road-beds of any street or alley. 85 SEC. 2. The City Council shall have power to es- tablish the grade of any street, when such grade has not been established, and may, by vote of two-thirds of the members of the Council, change the grade of any street after such grade has been established. It shall cause ac- curate profiles of the grades of all streets to be made and kept in the office of the City Engineer. 85 Provided, That when the grade of any street has been once established, and any permanent building has been constructed on a lot abutting on such street, after such grade has been so established, and the City Council shall so vote to change the grade of such street in front of such permanent building, the owner of such permanent building may file with the City Clerk, within twenty days after said City Council shall so vote to change the grade of any such street in front of any such permanent building, notice that he will claim damages by reason of such change of grade in front of his said building, giving the description of the land on which the same stands, together with the amount of the value of such building, in his judgment, and the amount of the damages which such change of grade will, in his judgment, cause to said per- manent building, which notice shall be sworn to, and shall be accompanied by the certificate of the Building Inspec- tor of said city of the value, in his judgment, of such permanent building, and of the damages, which, in his judgment, such change of grade will cause to said permanent building; and said Building Inspector shall ex- amine said building and said change of grade, as so voted, and make said certificate on the request of such owner of such building. See section 9 of Act Relative to Board of Park Commissioners, supra. } MINNEAPOLIS CITY CHARTer. 89 PUBLIC HIGHWAYS, BRIDGES, ETC. CHAPTER VIII reconsider 85 After the expiration of said twenty (20) days and Council may within thirty (30) days after the expiration of said twenty action. (20) days, if said City Council shall, from the amount of damages claimed by such notices, deem it unwise to make such change of grade of such street, it may reconsider the vote by which such change of grade was made, which reconsideration of such vote shall be by a majority of all the members of said City Council. Action on re- consideration. to be appointed 85 But if no reconsideration of such vote shall be had within forty (40) days after the vote of said City Council so changing the grade of said street, where damages are so claimed, or if on such reconsideration two-thirds (23) of the members of the Council shall again vote for such change of grade, then after the expiration of six months after the work of so changing said grade shall have been Commissioners fully completed, said City Council shall appoint five free- holders of said city, no two of whom shall reside in the same ward, as Commissioners, to view the premises and to ascertain and award the amount of damages and com- pensation to be paid to the owners of such permanent buildings, who have so filed such sworn notices and cer- tificates of such Building Inspector, and to assess the Assessment of the amount of such damages and compensation upon the lands and property to be benefited by such improvement, and in proportion to the benefits to be received by each parcel and without regard to a cash valuation. benefits. 85 It shall take at least four of said Commissioners to Award of dam- make any award of damages, and they shall be notified of ages, how made their appointment, and vacancies in their number be filled in the same inanner, and they shall take the same oath and be subject to the same penalty for refusal or neglect to attend, to be collected in the same way as is provided Failure to act. in the case of Commissioners appointed under section three (3) of chapter ten (10) of the Charter of Minne- apolis. 85 They shall give notice, by two publications in the offi- Notice of cial paper of said city, that they will, on a day designated meeting. in such notice, which shall be at least ten days after the first publication of such notice, meet at a place, desig- nated in said notice, on or near the buildings which it is claimed shall have been damaged by such change in the notice. grade of such street, and view the same, and ascertain and award therefor compensation and damages, and view Nature of 90 MINNEAPOLIS CITY CHARTER. A CHAPTER VIII. Commission- ers' notice. Meeting and adjournment. City engineer to advise. Appraisement and award. Rules govern- ing same. Assessment of damages, PUBLIO HIGHWAYS, BRIDGES, ETC. the premises to be benefited by such improvement, and assess thereon, in proportion to benefits, the amount necessary to pay such compensation and damage, and that they will then and there hear such allegations and proofs as interested persons may offer. 85 And such Commissioners shall meet and view the premises pursuant to such notice, and may adjourn from time to time after having viewed the premises; may, for the hearing of evidence and the preparation of their award and assessment, adjourn or go to any other convenient place in said city, and may have the aid and advice of the City Engineer and of any other officer of the city. 85 After viewing the premises, and hearing the evidence offered, such Commissioners shall prepare and make a true and impartial appraisement and award of the com- pensation and damages to be paid to each person whose building shall have been damaged by such change of grade of such street; but if the remainder of the property on which said buildings stand, or the remainder of the lot or parcel connected therewith, shall be benefited by such change of grade of such street, then the Commissioners, in considering and awarding compensation and damages, shall also consider, estimate and offset the benefits which will accrue to the same owner in respect to the remain- der of the same property, and award him only the excess of the compensation or damages over and above such. benefits. 8" These said Commissioners shall then assess the amount of such compensation and damages so awarded upon the land and real property benefited by such change of grade, and in proportion to such benefits; but in no case shall the amount of said assessment exceed the actual benefit to the lot or parcel of land, or other real property so assessed, deducting therefrom any damages or injuries to the same parcels which are less than such Report to city benefits, and assessing only the excess, and prepare and report to the City Council their appraisement and award; and if, in the judgment of said Commissioners, the whole amount of such compensation and damages, together with the cost of making such improvement, shall exceed the actual benefit to the specific property subject to assessment, they shall so indicate in their report, and shall state the amount of such excess. council. " MINNEAPOLIS CITY CHARTER. 91 PUBLIC HIGHWAYS, BRIDGES, ETO. CHAPTER VIII. 85 Said Commissioners shall also report to the City Assessment list Council an assessment list containing their assessment of such compensation and damages, or so much thereof as shall not exceed the actual benefits to the property so as- sessed, which list shall contain a brief description of each tract or parcel of real property assessed, the name or Nature of. names of the owner or owners thereof, if known, and the amount assessed, of the excess of such compensation and damages aforesaid, which they shall return unassessed. 85 Said report shall be presented by said Commissioners to the City Clerk of said city, who shall give one notice in the official paper of said city that said report and assessment list will be presented to said City Council for confirmation at the next meeting or session of said Council occurring at least one week after the publication of such notice, at which meeting, or at any subsequent meeting or session of said Council, the City Council may hear com- act upon such report and hear any complaint touching plaints, etc. any such award or assessment, or it may refer the matter to a committee of the Council to hear such complaints and report thereon. Clerk to give posed council action. notice of pro- Council may 85 The Council may confirm such award and assessment, May confirm or or either, or send the same back to the same Commission send back. for further consideration; and the Commissioners may, in such case again, upon giving notice, published once in the official paper of said city, meet at a time and place to be designated in said notice, which time shall be at least two weeks after the publication of such notice, meet and Rehearing by hear any further evidence that may be adduced by inter- ested persons, and may adjourn from time to time, and may correct any mistakes in such award and assessments, and alter and revise the same as they shall deem just, and again report the same to the City Council, who may there- upon confirm or annul the same. commissioners. 85 Or said City Council may appoint a new Commission, New commis- with like powers, duties and obligations, of the first sion, when. Commission, to make such assessment and awards, and to report the same to said City Council in like manner that the first Commission might do. assessment 85 And when the report and assessment lists are finally Award and confirmed by the City Council, such confirmation shall final. make such award and assessment final and conclusive upon all parties interested. 92 MINNEAPOLIS CITY CHARTER. CHAPTER VIII. Assessment to be levied. Assessment roll. City clerk to prepare forms. Limitation of award. Damages, etc., when com- puted. Vacation of streets, etc. Exclusive powers. Street cleaning. Work by con- tract or day. PUBLIC HIGHWAYS, BRIDGES, ETC. 85 And the City Council shall proceed, at the same or any subsequent meeting, to levy such assessment upon the several parcels of land described in the assessment list reported by the Commissioners, in accordance with the assessment so confirmed, and cause to be made, and adopt, an assessment roll of the same, which may be in the form contained in section five (5) of chapter ten (10) of said Charter, for opening streets in said city, or any other form which said City Council may adopt, and from which award and assessment, as so confirmed by said City Council, there shall be no appeal. 87 And the City Clerk, under the instructions of the City Council, shall make and prepare all necessary forms nec- essary to carry out the provisions of this section. 85 Provided, That no award shall be greater than the amount so claimed in the sworn notice so filed by any person with said City Clerk. 85 And provided further, That the damages and compen- sation so to be awarded, shall be the damages and com- pensation which shall be apparent at the end of said six (6) months after the final completion of the work of said change of grade of such street. *SEC. 3. The City Council may also, by a vote of two- thirds of the members thereof, vacate any highway, street, lane or alley, or portion of either; and such power of vacating highways, streets, lanes and alleys, within the city of Minneapolis, is vested *exclusively in said City Council, and no court, or other body or authority, shall have any power to vacate any such highway, street, lane or alley, nor any plat or portion of any plat of lands within said city. SEC. 4. The City Council shall have power to desig- nate districts of portions of the streets and alleys of the city, for the purpose of cleaning the same, and may pro- vide for the cleaning of such districts by contract, on such terms as shall be deemed advisable. 86 SEC. 5. All work done, or constructions made of any kind by the said city of Minneapolis, may be done by con- tract, awarded in such manner as the City Council of said *See section 8, Act Relative to Board of Park ('ommissioners, supra, for excep- tion to exclusive power apparently vested by this section. ! 1 1 MINNEAPOLIS CITY CHARTER. 93 PUBLIC HIGHWAYS, BRIDGES, ETO. CHAPTER VIII. when and how. city, may deem advisable, or said City Council may, in its Work by day, discretion, direct any such work, or construction, or any part thereof, which it shall deem necessary to be made, to be done by days' work, under the direction of the said City Council, or any officers of said city, whom the said City Council may designate. 86 Whenever said City Council shall determine to do any of said work, or constructions, by contract, if the amount of expenditure involved in said contract shall exceed the sum of one hundred dollars ($100), public notice shall be given and proposals invited for the same, in such manner as the said City Council shall direct. Notice of pro- posals for contract work, 87SEC. 6. The City Council shall, at its first meeting Street after each annual election, appoint one Street Commis- commissioners sioner for each ward of the city, whose term of office shall be for one year. It shall be the duty of such Street Commissioner to Duties of see that all streets and sidewalks, under their charge,which commissiç have been graded and opened for travel, are kept clear from obstruction, and in such repair as to be safe and passable; also, to superintend, subject to the directions of the City Engineer, the grading of streets and laying of sidewalks, and to carry into effectallorders of the City Council. order work. But no Street Commissioner shall do any work upon the Council to streets, except such as is necessary to keep traveled streets and improved sidewalks in repair and passable condition, and unless such work is especially ordered by the City Council. The Street Commissioners shall keep accurate accounts Bi-monthly of all their work and expenditures, and make detailed reports. and itemized reports thereof, to the City Council, at least once in every two months, and oftener if ordered by the Council; and no bill for compensation to such Street Commissioner shall be allowed, unless the same shall be Detailed accompanied or preceded with full and itemized reports of his work and expenditures up to the time of rendition of such bill. statements. 87 The several Street Commissioners of the city, shall To act as health also act as Health Inspectors for said city, and shall have inspectors. the same authority as police officers in enforcing the or- dinances of said city, for the security of public health, and shall act under the direction of the Health Officer and Board of Health of said city. 94 MINNEAPOLIS CITY CHARTER. CHAPTER VIII. Street commis- sioners work, PUBLIO HIGHWAYS, BRIDGES, ETO. 87 All work done by the Street Commissioners, shall be how approved. subject to the approval of the Aldermen of their respec- tive wards, and the City Engineer. commissioners General street | 88 The City Council may also appoint one (1) General Street Commissioner for the entire city, who shall receive and observe the instructions of the City Engineer, super- intend and have general charge of the work of the Street Commissioners of the several wards, and do all other things which the City Council may require of him to do. Street commis- urnish materials, etc. SEC. 7. No Street Commissioner shall be interested in ioners not to any contract for any work to be done under his charge, nor be allowed compensation for any use of team, owned by himself, or in which he shall have any interest, nor for any material or labor furnished by him, except his per- sonal services, nor shall he receive directly or indirectly, any commission, gratuity, money, or valuable thing, from any person doing work, or furnishing material for any work, or construction under the charge of such Street Commissioner, or any other Street Commissioner, or the City Engineer of the city. or accept atuities. ontract void, when. Acceptance of bribes. Mississippi river bridges a city charge. . SEC. 8. If any City Engineer, Street Commissioner, or any other officer of the city, shall have any interest in any contract work, or construction done, pursuant to this chapter, all such contracts shall be void, and all such work done, material furnished or applied, for the use of the city, shall be forfeited; and every such City Engineer, Street Commissioner, or other officer, who shall accept any gift, or gratuity, or any commission, from any person having con- tracts with said city, or furnishing material, or performing labor under the provisions of this chapter, which contract, material or labor, shall be under the charge or supervision of such Engineer, Commissioner or other officer, or sub- ject to acceptance by them, or either of them, shall be pun- ished in the same manner as provided by law for the acceptance of bribes by public officers. SEC. 9. All bridges in said city, crossing the Missis- sippi river, or any natural stream, or water-course, in said city, tributary to said river, whatever the form or material used in the construction thereof, shall, together with the guards and embankments connected therewith, and the immediate approaches thereto, which form a necessary part of the same; and also all such bridges crossing rail- MINNEAPOLIS CITY CHARTER. 95 } PUBLIO HIGHWAYS, BRIDGES, ETO. CHAPTER VIII. always a city charge, when. Bridges over way tracks, canals, and the approaches thereto, or any portions thereof, as shall not be chargable to any railway company, shall be built, maintained, and kept in repair by the city, as a general city charge; all other expenses con- nected with the opening, grading and keeping in repair, Street streets, lanes, alleys, highways and thoroughfares, shall improvements be paid from taxation upon the several wards wherein such works shall be done, except where other provision is made therefor. a ward charge. streets, etc. Drainage. 89 SEC. 10. Whenever the City Council shall determine Opening of to lay out or open new streets or alleys in said city, or to widen, straighten or extend any that now exist or may here after exist, 89 or, for the purpose of drainage, con- struction of bridges or making other necessary public im- provements, or for the improvement of the health or san- itary condition of the people of said city, shall determine to enter upon any tract of land and lower, raise, change the 'course of or divert any stream of water (except the Mississippi river), or any ditch or drain within the limits water courses. of said city 89 it may for such purposes, purchase or con- demn any real estate or interest therein which is private property, and provide for the payment of the value of such property as may be taken for such improvement; Diverting And all damages done to any private property by reason Damages and of such improvement, and the expense of making such expenses. improvement, 89 where it consists in lowering, raising, di- verting or changing the course of any stream of water, ditch or drain, by assessing, levying and collecting the property. whole expense of such improvement, or such parts thereof Assessed on as may be considered equitable, upon the property to be benefited by such improvement, without regard to cash valuation; how limited. But no assessment for such improvement shall exceed Assessment, the actual benefit to the property upon which the same shall be assessed, and in case the whole extent of such improvement shall exceed the benefits accruing therefrom to any specific property, the excess of such expense shall Excess, how be made a general city charge and be paid 89 from the permanent improvement fund of the city. paid. cemetery own- ers required. Nothing in this section shall be construed as permitting Consent of the condemnation of any ground of any cemetery or burial place and occupied for such purposes, without the consent of the owners of such ground. 96 MINNEAPOLIS CITY CHARTER. CHAPTER VIII. Pavements, council may order. Special assess- ments. PUBLIC HIGHWAYS, BRIDGES, ETC. SEC. II. The City Council is hereby authorized in its discretion to cause to be paved, repaved or macadamized any street or alley or any part thereof in the city, or any gutter along any side of any street or alley or any por- tion thereof, in such manner as it may direct, and to col- lect the expense and cost of the same by special assess- ment upon the property fronting upon such improvements on the same side of the street; but the expense of paving or otherwise improving the crossings of such streets and of such improvements as shall be in front of the property empt property. exempt from such assessment or belonging to the city shall be paid from the permanent improvement fund of the city. Street cross- ings and ex- Railway tracks Sidewalks, owners to build and repair. Council to order same. Order, how made. Pusolution to be published. Sidewalk assessments. No assessments shall be made for paving or macadamiz- ing any ground occupied by railway tracks or lying be- tween such tracks. SEC. 12. It is hereby made the duty of all owners of land adjoining any street, lane or alley in said city, to con- struct, reconstruct and maintain in good repair such side- walks along the side of the street, lane or alley next to the lands of such owner respectively as may have been heretofore constructed, or as shall hereafter be con- structed, or directed by the City Council to be built, and of such material and width, and upon such place and grade as the City Council may by ordinance or otherwise prescribe. I Whenever the City Council shall deem it necessary that any sidewalk in the city of Minneapolis shall be con- structed or reconstructed, it shall by resolution direct such construction or reconstruction, specifying the width thereof and the material of which the same is to be con- structed. The publication of such resolution once in the official paper of the city shall be sufficient notice to the owners of the land along which such sidewalk is to be built, to construct the same, and unless such owners shall each along his respective land construct and fully complete such sidewalk within two weeks after the publication of such resolution as aforesaid, the City Council shall forth- with proceed to ascertain the expense of constructing the same and assess and levy such expense upon and against each lot and parcel of land upon which such sidewalk shall front. 1 MINNEAPOLIS CITY CHARter. 97 PUBLIO HIGHWAYS, BRIDGES, ETC. CHAPTER VIII. Collection of sidewalk Such assessment shall be collected in the same way as in all things as is provided for the collection of special assessments. assessments under the provisions of chapter ten of this charter. And the City Council may either before or after making such assessment, cause such portion of such sidewalks as have not been built by the owners of such lands fronting on the same, and all street crossings, to be built by the proper Street Commissioner, or upon contract, or by any other person, as the Council may determine. Street commis- sidewalks, sioner to build when. Sidewalk SEC. 13. If the owner of any lot or parcel of land shall suffer any sidewalk along the same to become broken, rot- repairs. ten, or out of repair, it shall be the duty of the proper Street Commissioner to immediately repair the same in a good substantial and thorough manner, and to report to the City Council the cost of such repairs in each case, and a description of the lot or parcel of land abutting which such repairs are made, and such report shall be carefully filed and preserved by the City Clerk; and the City Coun- cil shall once in each year, at or as near as conveniently Cost to be may be, the time of levying the yearly city taxes, assess and levy upon each of the lots and parcels of land front- ing or abutting upon sidewalks which have been so repaired by Street Commissioners the cost of making such repairs. In each case such assessments for all such repairs within the year may be combined in one assessment roll and be collected as provided for in chapter ten of this charter. assessed, dangerous In case any such sidewalk shall become so out of repair Removal of as to become dangerous, and cannot be made safe without sidewalks. being rebuilt, and there are no funds to defray the expense of such rebuilding, it shall be the duty of the proper Street Commissioner to remove the same entirely, and the ex- pense of such removal shall be added to the cost of re- building, when the same shall be reconstructed, and col- lected with the assessment for such reconstruction. owners of sidewalks. SEC. 14. It is not only made the duty of all owners of Liability of land within said city to keep in good repair all sidewalks defective constructed or existing along or abutting upon their re- spective lots and parcels of land, but such owners are hereby declared to be liable for all damages, to whomso- ever resulting, arising from their fault or evident neglect in not keeping any such sidewalk in good repair, and in safe passable condition; and no action shall be maintained 98 MINNEAPOLIS CITY CHARTER. CHAPTER VIII. Actions for damages by persons injured. Execution to issue, how. Owners liable to city. Funds for side- walks ad- vanced, when. Damages a ward charge. Ground to be graded before sidewalk is ordered. Street Sprink- ling. Water, how PUBLIO HIGHWAYS, BRIDGES, ETC. against the city of Minneapolis by any person injured through or by means of any defect in any sidewalk, unless the owner of the land along which such sidewalk was so de- fective is joined in said suit as a party defendant, and in case of judgment against the defendants in such action, execu- tion shall at first issue only against the defendant owning such land, and the city shall not be required to take steps to pay such judgment until such execution shall be returned unsatisfied; and if said city shall pay such judgment it shall become the owner of the same, and may enforce payment of the same from the other defendant, and shall be entitled to execution therein against him, and to take such other proceedings as judgment creditors are entitled to take. SEC. 15. Moneys to build or repair sidewalks, when the same shall be done by the Street Commissioner under this act, or in case of building by a contractor, may be advanced from the permanent improvement fund, to be reimbursed by the special assessment when collected, and the expense of constructing all street crossings of sidewalks, shall be chargeable to the proper ward. And whenever any damages for injuries to any person through or by means of defective sidewalks shall be paid by the city, the money to pay the same shall be raised by taxation upon the ward wherein the injury happened. SEC. 16. It shall be the duty of the City Council, be- fore ordering the construction of any new sidewalk, to cause the ground on which it is built to be properly graded. 90SEC. 17. 90The City Council shall have power to sprinkle the streets, avenues and public grounds of said city, or any part thereof, and may make contracts for so sprinkling the same by such streets, avenues, public grounds or districts of said city as it may deem best, for any time not to exceed three (3) years, on such terms and conditions and for such portions of each year as it may deem best. Water for such sprinkling shall be furnished from the furnished, etc. city water works free of charge; the supply of such water shall be deemed the proportion of the expenses for such sprinkling, for the street crossings and all parts of such street fronting on land exempt from assessment. T i } MINNEAPOLIS CITY CHARTER. 99 PUBLIC HIGHWAYS, BRIDGES, ETO. CHAPTER VIII. for sprinkling. The whole cost of sprinkling such portion of the street Assessments shall be levied and assessed upon the lots and lands fronting upon that part of the street so sprinkled and which are subject to assessment, 9°by an equal rate per front foot of said lots and lands. Such levy shall be made annually. Obstruction of streets. Liability for Sec. 18. All persons who shall by means of any ex cavations in or obstruction upon any street of said city not authorized by law or the ordinances of said city, render such street unsafe for travel, or who shall by negligence in the management of any such excavation or obstruction as shall be authorized, or by failure to main- tain proper guards or lights thereat, render such street insufficient or unsafe for travel, shall be liable for all damages not caused by the negligence of the party in- jured, to whomsoever resulting, by reason of such ob- same. struction or negligence, and no action shall be maintain- ed against said city for such damages unless such per- son or persons shall be joined as party defendants; and in case of judgment against the defendants in such ac- tion, execution shall at first issue only against the de- fendant causing such insufficiency, and the city shall not be required to take steps to pay such judgment until such execution shall be returned unsatisfied, and if the city shall pay such judgment it shall become the owner of the same and may enforce payment of the same from the other defendant and shall be entitled to ex- ecution therein against him, and to take such other pro- ceedings as judgment creditors are entitled to take. Court proceed- ings. summons SEC. 19. Whenever any party is joined with said city Service of as co-defendant in any action for the insufficiency of any street or sidewalk, and such party is not a resident of and cannot be found within the State, service of summons in such action may be made upon such de- fendant upon like evidence, and in the same same manner as prescribed by general law for service by publication in other actions. SEC. 20. No action shall be maintained against the city of Minneapolis on account of any injuries received by means of any defect in the condition of any bridge, street, sidewalk or thoroughfare, unless such action shall be com- menced within one year from the happening of the injury, nor unless notice shall have first been given in writing to Action to be when. commenced, 100 MINNEAPOLIS CITY CHARter. CHAPTER VIII. Notice of action, how and when. No action, when. Railways not to pile up snow, etc. Liability for damages. PUBLIC HIGHways, Bridges, ETC. the Mayor of said city, or the City Clerk thereof, within thirty (30) days of the occurrence of such injury or dam- age, stating the place where and the time when such in- jury was received, and that the person so injured will claim damages of the city for such injury; but the notice shall not be required when the person injured shall, in conse- quence thereof, be bereft of reason. Nor shall any such action be maintained for any defect in any street, until the same shall have been graded; nor for any insufficiency of the ground where sidewalks are usually constructed, when no sidewalk is built. SEC. 21. No railway company or street railway com- pany shall have any right, in clearing their tracks through any part of said city, or otherwise, to pile up snow or other material and leave the same piled upon any traveled por- tion of any street in said city, and any such company shall be liable to any person who shall be injured by means of any such obstruction caused by such company, or its ser- vants, for all damages sustained; and in case any damages shall be recovered against the city for injuries caused by such obstruction, the city shall have the right to recover the same again from the company by whom the obstruc- tion was caused. " district, SEC. 22. The City Council shall have power to designate, designated by ordinance or resolution, such portions of the territory lying adjacent to or outside of the boundary lines of the city as it may deem proper as a city district, and may; from time to time, extend the limits of such district to in clude any territory not lying at a greater distance than three (3) miles at any point in direct line from the bound- ary line of said city, and within said district; the City Council shall have control of the laying out of streets and alleys, and the acceptance of plats of additions and the dedication of property for streets and public grounds therein, and may require that all streets and alleys laid out or donated within such district shall conform to and To conform to be continuous with the system of streets and alleys within Plats of addi- tions, streets, etc. city system. City districts continued, said city, and to that end may indicate by survey and plat such streets, alleys and the arrangement and dimensions thereof, as in its discretion will be best calculated to meet the wants and conveniences of said city and its surround- ings or any future extension growth thereof. The city districts heretofore established shall be con- tinued until modified or extended by said City Council. 1 MINNEAPOLIS CITY CHARTER. 101 } PUBLIO HIGHWAYS, BRIDGES, ETO. CHAPTER VIII. Subdivision of etc. 91SEC. 23. Whenever any person shall sub-divide any Subdivis lot or piece of ground within said city, or city district, he shall cause the same to be surveyed and platted in accord- ance with the provisions of chapter twenty-nine (29) of the general statutes of the State of Minnesota, and when the survey and plat are so completed and acknowledged it shall be presented to the City Council. plats. 91All plats presented to said City Council for accept- Council to ance and approval must be drawn in triplicate, on such accept or reject material and of such size as the City Council may direct by ordinance. Said City Council may accept or reject said plats, or direct them to be changed or modified in such manner as it shall deem expedient. Accepted plats 91 Whenever any plat is accepted and approved by said Council, the City Clerk shall so certify upon one (1) of to be recorded. said plats, which shall be the original plat to be recorded, and certify the other two (2) to be copies of the one ac- cepted and approved by the said City Council. The origi- nal plat and one (1) of said copies shall be presented to the Register of Deeds of Hennepin county for record, and the other copy shall be filed in the office of the City Engineer. 91 Whenever said plats shall be presented to the Regis- ter of Deeds for record, as provided by the general stat- made. Record, how utes, the original plat so certified by the City Clerk as accepted and approved by the City Council shall be filed of record as the original plat; the other shall be certified by said Register of Deeds as a true and correct copy of the original plat. The plat filed as the original shall only be plats. open to inspection in the presence of the Register of Inspection of Deeds or one (1) of his deputies; the certified copy shall always be open to the inspection of the public during busi- ness hours. 91 All the provisions of section nine (9), chapter twenty- General stat- hine (29), of general statutes, in respect to the manner of utes to apply. filing town plats, shall be applicable to said city or city districts; but said Register of Deeds shall exhibit to any person, free of cost, such original plat on request of any person. SEC. 24. The acceptance of such plat or addition of any ground either within or outside the limits of said city shall not make the city liable to grade the streets therein Liability of city in city district. เ 2 MINNEAPOLIS CITY CHARTER. CHAPTER VIII. City not responsible, when. Contracts not to be awarded to persons in default. PUBLIO HIGHWAYS, BRIDGES, ETO. designated, nor responsible for any insufficiency of such street, until the City Council shall direct the same to be graded and opened for travel. 92 SEC. 25. 92Neither the City Council nor any officer or Board of said city shall entertain any bid from, or let any contract to, any person, firm or corporation who is in default to the City of Minneapolis, or any department thereof, on any contract or bond, or in any other way, whether said bid or contract be for doing anything or furnishing any material under this chapter or any other provision of said Charter. 1 MINNEAPOLIS CITY CHARTER. 103 SECTION. CHAPTER IX. *WATER-WORKS DEPARTMENT. 1. Water Works and Sewers.-Exten- sions and Improvement. 2. Purchase of Private Property.-Con- demnation Proceedings. 3. Water-Mains, Hydrants, etc,-Spec- ial Assessments.-Re-Assessments. 4. Street Sewers, Catch-Basins, etc.- Special Assessments.-Street Sewer Defined.-Re-Assessments. 5. Branch Sewers and Pipes.-Special Assessments.-Regulations as to Gas and Water Pipes, Electric Wires, etc,-Excavation Permits. 6. Drainage of Marshy Lands.-Pro- ceedings in District Court.-As- sessments and Benefits.-Abandon- ment,-General Drainage System. 7. Board of Water Commissioners.- Appointment, Terms, Salaries, etc. -Certain Contracts Void. 8. Powers and Duties. -Appointed Of- ficers and Compensation. 9. Superintendent-Secretary, Duties of. -Orders, How Drawn. -Bonds.- Secretary and Assistant.-Duties of City Comptroller. SECTION. 10. Stated and Special Meetings.-Board Rules.-Offices, Furniture, etc. 11. Water-Mains, Propositions to be Re- fered to Board by City Council.- Board to Direct Laying.-Pro- ceeds of Special Assessments.- Comptroller to Countersign Con- tracts. Board may Contract, when. Sag 12. Pump-House Repairs.-Council to Appropriate, when. 18. Water Works Fund.-General Ex-. penses. Surplus, Assessment Funds. 14. Water Rates.-Rules and Regula- tions.-Tapping of Mains.-Revo- cation of Plumbers' Licenses.- Free Water, when. 15. Owners and Lessees Jointly Re- sponsible, when.-Actions, How Brought.-Ordinance Relative to Injuries, etc. 16. Damage to Board Property.-De- posit of Garbage in Water, etc., Punished by Fine or Imprison- ment.-Jurisdiction. *SECTION I. The City Council shall have power to maintain the water works and sewers now established in said city, and to enlarge, extend, relay and improve the same as it shall consider the public good shall require. *Section 1 of an act to repeal so much of the charter as created a Board of Water Commissioners (see chapter 23, Special Laws of 1887) provides that so much of sec- tions 7, 8, 9, 10, 11, 12, 13 and 14 of this chapter "as created a Board of Water Com- missioners of the city of Minneapolis is hereby discontinued and dissolved and all property within its possession shall be at once turned over to the City Council of the city of Minneapolis." Section 2 of said act reads: "All the rights, powers, duties and privileges hereto- fore conferred upon, or vested in said Board of Water Commissioners of the city of Minneapolis by the charter of said city, are hereby conferred upon and vested in the City Council of said city of Minneapolis, and all contracts entered into by said Board, and now in force, shall remain valid contracts against said city and said City Council shall take the place of said Board of Water Commissioners in said contracts and shall enforce and be responsible for the same in all respecte as said Board would had it continued to exist: Provided That the water works fund created and provided for by said sections above designated shall continue and re- main a separate fund of said city but under the control of the City Council of said city the same as it has heretofore been under the control of the said Board of Water Commissioners of said city. Council to water works and sewers. maintain 104 MINNEAPOLIS CITY CHARter. CHAPTER IX. Extension of water works and sewers. Condemnation proceedings. Proceedings when surface of land not required. WATER-WORKS DEPARTMENT. 93 SEC. 2. Whenever in the enlargement or extension of water works or sewers, it shall in the judgment of the City Council be necessary to take any private property, consisting either of land, buildings, water power or other private property, the City Council shall have power to acquire the same by purchase, or by condemnation, in the manner provided in chapter ten (10) of this Charter, and in such cases of condemnation, as well as purchase, a full title in fee simple for the property acquired shall vest in said city. 93 Provided, however, That in case of the purchase or con- demnation of private property for laying sewers or water mains, where said City Council may deem it best only to obtain the right to lay and maintain said sewers or water mains over, across or through private property, said City Council may either purchase or condemn the right simply to lay, construct and maintain said water mains and sew- ers and the necessary appendages thereto, over, across or through any private property, giving to the owner thereof the right to the use of the surface of said land, except at such times and such places as said City Council or the upon same for proper Board, officer or department of the city govern- ment of the City of Minneapolis may find necessary to enter upon, dig into or disturb said surface for the pur- pose of laying, re-laying, constructing or re-constructing or repairing any such water mains or sewer pipe; and the deed of purchase in such case, or the judgment of the court in the case of condemnation, shall define the rights. of said city and its proper boards, officers, agents or said City Council as well as the land owner therein. City to enter repairs, etc.: Rights of parties to be defined. Water mains. 94 SEC. 3. Whenever water mains shall be laid, relaid or extended through any street or alley of said city, or any portion thereof, the City Council shall have the power, and it shall be its duty, to levy and collect by special assessment, such portion of the cost or expense there- of as shall not exceed the estimated cost of laying a Special assess- six-inch main (including pipe, 94hydrants, valves and all ments-first plan. Increased cost. necessary specials), by a special assessment upon the property on both sides of such street or alley fronting upon such improvement, of an equal sum per front foot without regard to cash valuation. The cost not provided for by such assessment, includ- ing the increased cost of larger mains, and the cost of laying mains upon street crossings, as well as the pro- MINNEAPOLIS CITY CHARTER. 105 CHAPTER IX. WATER-WORKS DEPARTMENT. city. portion which would otherwise be assessed against any When paid by property which is by law exempt from such assessment, shall be paid out of the water works fund hereinafter pro- vided for. Water main 94Or, instead of the plan above proposed, the City Coun- cil may, for all water mains laid, relaid or extended dur- assessment- second plan. ing any one (1) season, levy and collect an equal sum per front foot without regard to the cash valuation of such property, without regard to the size of the mains, by a special assessment upon all the property not ex- empt, on both sides of all the streets and alleys in which such water mains shall be laid, relaid or extended, and abutting upon the same, which sum shall not exceed the sum of two dollars ($2) per lineal foot of such mains. 94 The cost in excess of the sum above named and the cost of such mains upon street crossings and against. property which is by law exempt from such assessment, shall be paid out of the said water works fund. Increased cost, foot. 94To authorize the following of this plan the City Council to fix Council shall first determine what portion of the cost of amount per such mains not exceeding the sum per lineal foot above named, is the just and fair proportion of such cost which should be borne by the abutting property, and shall by resolution name and fix the amount per lineal foot which it determines to be such just and fair proportion. be followed, when. 94 Thereupon this shall be the plan to be followed, Second plan to and the amount so named and fixed shall be and re- main in all cases the portion of the cost of all such mains laid, relaid or extended in said city, which shall be levied upon, assessed against and collected of abutting pro- How changed. perty, until a different amount be, by like resolution of the City Council, named and fixed, or until the City Coun- cil by resolution determines to adopt and follow the other plan first above proposed. for water 94 Provided, That in case of a re-assessment for any Re-assessment cause, the City Council may direct that the re-assess- maine. ment be made upon either of the plans here proposed without regard to which plan was adopted in the first instance. 95 SEC. 4. The City Council may in like manner, when- Assessments ever it shall deem it necessary, lay, relay or extend for sewers. any sewer, through any street in said city, and levy and assess, and collect the cost thereof, not exceeding the estimated cost of a sewer two feet in diameter, 95 in- 106 MINNEAPOLIS CITY CHARTER. CHAPTER IX. Sewer assess- ments-first plan. ncreased cost. Street, sewer defined. Sewer assess- ments, second plan. Increased cost. Council to fix amount per foot. Second plan to be followed, when. WATER-WORKS DEPARTMENT. cluding all necessary catch basins, manholes, lampholes and flushing valves, by a special assessment upon the property on both sides of such street and abutting upon such improvement, of an equal sum per front. foot without regard to a cash valuation. The cost not provided for by such assessment, includ- ing the increased cost of larger sewers and constructing the same across streets and against property which is by law exempt from such assessment, shall be paid out of the permanent improvement fund of said city. A sewer two feet in diameter is hereby declared to be an ordinary street sewer within the meaning of this act, for the drainage of abutting property. 95Or, instead of the plan above proposed, the City Coun- cil may, for all sewers constructed, laid, relaid or extended, during any one (1) season, levy and collect an equal sum per front foot, without regard to cash valuation of such property, and without regard to the size of the sewers, by special assessment upon all the property not exempt, on both sides of all the streets along which such sewers shall be constructed, laid, relaid or extended, and abutting upon the same, which sum shall not exceed the sum of four dollars ($4) per lineal foot of such sewers. 95 The cost in excess of said sum and the cost of such sewers upon street crossings and against property which is by law exempt from such assessment, shall be paid out of the internal improvement fund of said city. 95To authorize the following of this plan the City Coun- cil shall first determine what portion of the cost of such sewers, not exceeding the sum per lineal foot above named, is the just and fair proportion of such cost which should be borne by the abutting property, and shall by resolution name and fix the amount per lineal foot which it deter- mines to be such just and fair proportion. 95 Thereupon this shall be the plan to be followed, and the amount so named and fixed shall be and remain, in all cases, the portion of the cost of all sewers constructed, laid, relaid or extended in said city, which shall be levied upon, assessed against and collected of abutting property until a different amount be by like resolution of the City How changed. Council named and fixed, or until the City Council, by resolution, determines to adopt and follow the other plan first above proposed. 1 MINNEAPOLIS CITY CHARTER. 107 WATER-WORKS DEPARTMENT. CHAPTER IX. Re-assessments sewers. 95 Provided, That in case of a re-assessment for any cause, fears. the City Council may direct that the re-assessment be made upon either of the plans here proposed without regard to which plan was adopted in the first instance. 97 96 and sewers. SEC. 5. The City Council may at all times regulate Branch pipes and control the time and manner of laying and construct- ing, by private parties, branch pipes and sewers leading from main lines of water mains and sewers, and of making connections with main lines and with branch lines both public and private. order same. How 96 The City Council may, too, whenever it shall deem it Council may necessary to lay or construct branch pipes or sewers in order to prevent future tearing up of streets or for any other reason, determine in the case of each main line, or of any specified portion of a main line, the location, num- ber and manner of construction, of such branch lines, pro- viding, in its discretion, one (1) or more for each distinct lot or parcel of land, or one (1) for two (2) or more ad- jacent lots or parcels of land-may require the proper constructed. officer to make surveys, plats and profiles showing the same, which, when approved and adopted, shall thereafter be preserved in the office of the City Engineer, and may thereupon, whether such main line has already been con- When structed or is in process of construction, forthwith lay and construct all such branch pipes and sewers not already constructed by the private parties interested from a con- nection with the main line to the line of the street. constructed. pipes, etc. 96 Whenever the City Council constructs one or more Assessments such branch pipes or sewers it shall assess the whole cost for branch of each upon the lot or parcel of land to which it runs without regard to the valuation or frontage of such lot or parcel of land, but in case one (1) branch is to serve two (2) or more lots or parcels of land, it shall assess the whole cost of the same upon all the lots or parcels of land to be served by it, an equal sum per front foot without regard to valuation. 96 The cost of such branches may be assessed and col- lected in advance of their construction, as in case of other improvements, in which case the cost shall be estimated and fixed in manner substantially like the way pointed out by section eight (8), chapter ten (10) hereof, for the improvements therein specified, with such variances in the matters to be reported, and in the other details, as shall be suggested by the different character of the improvement; Cost may be collected in advance. 108 MINNEAPOLIS CITY CHARTER. CHAPTER IX. Assessments for branch pipes, etc. Assessments, WATER-Works DepartMENT. or such branches may be determined upon and forthwith constructed without prior estimate or other proceedings, in which case the actual cost of construction, certified to by the City Engineer and approved by the City Council. shall be assessed, after the completion of the same, against the private property as above specified. 96 In either case the assessment shall be made and col- how collected. lected substantially as provided in case of other improve- ments. The City Council may, however, in case it con- structs any branch at the time it constructs the main line, assess in the manner above named the whole cost thereof, and add the same to and include it with the assessment for the main line. Branch pipes and sewers in areas, when. Regulations and permits. Hydrants. Drainage of marshes, etc. Proceedings against owners Contribution to defray expenses. 96 The City Council may, subject to such terms, and under such regulations as it may fix, require all persons using an area or any space within the lines of any street, to permit to be laid within such area or space all necessary branch pipes both water and gas, and branch sewers to a con- nection with other branches, and also to be laid therein, in- closed in tubes or otherwise sufficiently protected, any and all electric and other wires it may at any time require laid beneath the surface of the street; and in the future no permits for the excavation or use of any area or space within the lines of a street shall be given except upon con- dition that it may be used by others in the manner and for the purposes above named; 97and to place therein any hydrant or other part of the water works of said city. 98 SEC. 6. Whenever any sewer of said city shall be ex- tended to or in the vicinity of any tract of wet or marshy land, either within or without the limits of said city, and the City Council shall consider that the public health of the city demands the drainage of such wet or marshy land and the extension of such sewer to or into such land and beyond the lines of the streets of the city, the City Coun- cil may, by resolution therefor, direct the commencement of proceedings against the owner or owners of such wet or marshy land, and thereupon said city shall have the right to maintain in the District Court of the county of Hennepin, or in any other court of competent jurisdiction, an action against such owner or owners to compel a con- tribution from them, to defray the expense of extending such sewer to or into such lands, and the additional ex- pense, if any such may be caused by the necessity, of en- larging the sewers through the streets of the city from such tract of land to the outlet of such sewer. MINNEAPOLIS CITY CHARTER. 109 WATER-WORKS DEPARTMENT. CHAPTER IX. Joinder of parties In such action the court shall have power to direct the joining of other parties to such action as defendants, in defendant. such manner as it shall adjudge equitable, and shall make award of such sum or sums of contribution to the expense of such sewer as it shall deem just and in proportion to the benefit to each specific parcel of such wet or marshy Centribution land as shall be affected by such sewer, but in no case to not to exceed exceed the amount of benefit it shall adjudge to accrue to each of such specific parcels by reason of such exten- sion of such sewer. benefit. award. Such award shall stand as the determination of such City to have court, and said city shall, upon the completion of such judgment on work, have judgment and execution for the several sums so awarded, which judgment shall be a specific lien upon each of the parcels of the land upon which such award shall be made, which lien shall have priority over every other lien or charge upon such parcel, and such judgment may be enforced only against such specific property. abandon If upon the making of such award by said court, the Council may City Council shall consider the whole expense of such im- proceedings. provement above the amount of such award, to be an ex- cessive burden on the city, it may abandon the proceed- ings by paying the taxable costs in such action, or it may determine to proceed with part of such work and abandon the remainder thereof, in its discretion, or it may, in its discretion, delay the performance of the work, not exceed- ing three years. marshes. 98 And whenever the City Council shall determine that Drainage of any wet or marshy district in said city needs to be drained, for the public health of the city, or for other public ben- efit, then the said City Council may cause to be devised and carried into construction and effect a system of drain- age for such wet and marshy district, by sewers or cov- ered drains made of wood, stone, brick, or other material, or partly of one (1) material and partly of other materials, Sewers and as said City Council shall determine; or by open ditches covered drains. or canals, where the same will best effect said drainage; or partly of sewers or covered drains, and partly of open ditches or canals. assessed. 98 And said City Council may cause the cost of such Cost to be system of sewers, covered drains, ditches, or canals, to be paid by special assessments, to be made upon all the real property within such wet or marshy district, including any high land within or adjoining the same which shall be benefited by said system of drainage, on the assessed value of each parcel of real property so benefited. 110 MINNEAPOLIS CITY CHARTER. CHAPTER IX. Drainage of marshes. Order of construction. Assessment of benefits. Board of water commissioners Acting president. Appointment ers. WATER-WORKS DEPARTMENT. 98 Said system of drainage for any such wet or marshy district may be constructed at one (1) time or during one (1) year, or at different times in different years, and in different parts or sections, and in case different parts of any such system of drainage shall be constructed during different years, said City Council shall first (1), as near as practicable, cause to be constructed the principal or main sewers, covered drains, ditches, or canals, and afterwards branch or lateral sewers, covered drains, ditches, or canals; and in levying the special assessment for the cost of such system, or any portion thereof, it shall levy the special assessment for the principal or main sewer, covered drains, ditches, or canals, and also the cost of the branch or lateral sewers, covered drains, ditches, or canals belonging to the same system of said drainage, upon all the real property so to be benefited by such system, whether the same shall be constructed in one (1) year, or whether parts of said system shall be constructed in different years. 102 1*SEC. 7. There is hereby established in and for the city of Minneapolis a Board which shall be styled the Board of Water Commissionners of the City of Minneap- olis. Said Board shall consist of the Mayor of said city, who shall be cx-officio a member and the President there- of, and four other members who shall be resident and qualified electors of said city, who shall be appointed by the Mayor, subject to confirmation by the City Coun- cil, at the time of appointment of other city officers in April of each year. 100*In case of the absence of the President, or his in- ability to act, then the President of the City Council or Acting Mayor shall be ex-offiico a member of the Board of Water Commissioners, but shall have power only to sign warrants, contracts and papers pertaining to the business of the said Board, and to call special meetings of said Board, as in this act provided, and to perform such other executive acts as may be authorized by the Board. *In April, of the year 1881, the Mayor shall appoint, as of commission- aforesaid, four Water Commissioners, one for the term of one year, one for the term of two years, one for the term of three years, and one for the term of four years; and thereafter at the same time in every year, the Mayor shall so appoint one Water Commissioner for the term of four years. *Water Board abolished. See note on first page of this chapter. 1 MINNEAPOLIS CITY CHARTER. 111 CHAPTER IX. WATER-WORKS DEPARTMENT. vacancies. *In case of vacancy in the office of Water Commissioner Water board from any cause the Mayor shall in the same manner ap- point a Water Commissioner for the unexpired term. †No Water Commissioner shall 99feaeh Water Commissioner shall be entitled to receive from the city an annual salary etc. of five hundred dollars ($500), to be audited and paid like Compensation, the salaries of Aldermen-be interested directly or indi- rectly in any contract entered into by said Board of Water Commissioners, and any contract entered into by said Water Commissioners in violation of this provision shall be absolutely null, void and no effect. 102*If at any regular, adjourned or special meeting of Meetings and said Board where there is not a quorum of the members quorums. of said Board present, a less number of members than a quorum shall have power to adjourn from time to time, but when they shall so adjourn they shall cause the Secretary or other officer to give notice to the other members of said Board of such adjourned meeting. T04 103*SEC. 8. Said Board of Water Commissioners shall Powers of have the charge of the construction, maintainance, re- board. pair and management of everything pertaining to the water works of said city, and of all new constructions, additions and alterations, whether of pump houses, mains, hydrants, or other constructions, appliances or machin- ery connected with said water works, and shall have the supervision and direction of the working and operation of the same; and shall, in the name of and behalf of said city, make and execute all contracts for the construction, To make all alteration and repair of pump houses and of all machin- contracts, etc. ery and appliances connected therewith, and for the lay- ing, relaying and construction of water mains and putting in of hydrants and other appliances connected therewith; and for the purchase of all material necessary to be used about said water works, and all extensions thereof, and have the charge, care and supervision of the execution of all such contracts. *Said Board shall also have the right to appoint the Engineer, superintendent Engineer of the Water Works, and Superintendent of the etc. Water Works, 108a Secretary and an Assistant Secre- tary, and employ such other persons as in the judgment of said Board may be necessary for the successful opera- *Water Board abolished. See note on first page of this chapter. The section, as amended, reads as herein printed. See section 1, chapter 7, special laws of 1883. 112 MINNEAPOLIS CITY CHARTER. CHAPTER IX. of employes. WATER-Works Department. Compensation tion and management of said water works, and to desig- nate and fix the compensation of the persons so to be ap- pointed or employed by said Board, and may remove such persons at its pleasure. Limitation. Superintend- ent may be secretary. Duties of secretary. Duties of *Provided, That such compensation shall not exceed the limits fixed by this act, 103 which compensation shall cease when any such Engineer, Superintendent, Secretary, Assistant Secretary or other employe shall be so removed by said Board. 185*SEC. 9. The Superintendent of Water Works ap- pointed by said Board 106may also be the Secretary of the said Board, and shall give such bond to the city of Minneapolis as the said Board shall direct and approve for the faithful performance of his duties and the prompt payment by him to the City Treasurer of all money's which shall come into his hands as such Superintendent. *He shall keep full records of all the proceedings of said Board, and all contraets by it entered into, and full ac- counts of all moneys expended by said Board, and of all moneys collected from water rents or received into the treasury from any source to the credit of the water works fund. *All moneys payable for water rents shall be collected superintendent and received by said Superintendent, who shall re- ceipt_therefor, and promptly pay the same over to the City Treasurer, taking his receipt therefor, and reporting the same to the City Comptroller. Water works fund. Orders, how drawn. *All such moneys, together with all moneys which may accrue from any bonds issued by said city for water works purposes, and moneys which may be appropriated by the City Council for like purpose, shall by the City Treasurer be kept in a separate fund called the water works fund, and shall only be paid out upon orders signed by the President of said Board, (10°in case of his absence or inability to act, then by the President of the City Council or Acting Mayor) and said Super- intendent of Water Works, and countersigned by the Comptroller of said city, or in payment of bonds of said city, or coupons thereof, in cases where such bonds have been or may be issued on account of or for the construction, alteration or extension of such water works, all of which bonds and coupons may be paid from the said water works fund. *Water Board abolished. See note on first page of this chapter. 1 MINNEAPOLIS CITY CHARTER. 113 CHAPTER IX, WATER-WORKS DEPARTMENT. appointees, etc. 106*If said Board shall at any time appoint a Secretary, Bonds of other than the Superintendent of Water Works, then said Board shall require a like bond of said Secretary, and said Board shall, in that case, have a right to define the re- spective duties of said Superintendent and said Secretary. 106*And said Board of Water Commissioners shall have Assistant secretary. the further power to appoint an Assistant Secretary, who shall act as Secretary of the Board of Water Commissioners in the absence or inability of the Superintendent or Secre- tary to act; and may at any time, when necessary, appoint an Assistant Superintendent of Water Works to act in the place of the Superintendent of Water Works in his absence or inability to act. 106*The City_Comptroller shall keep regular books of Duties of city account of the Board, in which he shall enter all indebted- comptroller. ness of said Board, and which shall at all times show the precise financial condition of said Board, the amount of bonds, orders or other evidences of indebtedness outstand ing, and the redemption of the same when redeemed; and he shall countersign all bonds, orders or other evidences of Bond record. indebtedness of said Board, and keep an exact account thereof, showing to whom and for what purpose issued, and the amount of each and all moneys received or paid out by the City Treasurer on account of said board. 106 *All claims allowed by the Board shall, before they claims to be are paid, be audited by the Comptroller. 109 audited. 188*SEC. 10. The said Board shall hold stated meetings Meetings of at such times as it shall by by-law, resolution or otherwise board. appoint, and special meetings thereof may be called by the President of said Board, 108 or in his absence or inability to act then by the President of the City Council or Acting Mayor. And on the written request of any two members of said Board, other than the President thereof, to call a Special special meeting of said Board, then said President, or in meetings. his absence or inability to act, then the President of the City Council or Acting Mayor, shall call such special meeting of said Board, which special meeting shall be called upon two days' notice thereof, either served person- Notice. ally upon the members of said Board or addressed to such members respectively and deposited in the post office in said city of Minneapolis; and any business of said Board may be transacted at any stated or special meeting. * Water Board abolished. See note on first page of this chapter. 1 114 MINNEAPOLIS CITY CHARTER. CHAPTER IX. Rules and amendments. Meetings legalized. Office furni- ture, etc. When board may provide same. Water mains. Council to order Board to con- tract. WATER-WORKS DEPARTMENT. *The Board may in its discretion adopt such rules to govern its deliberations and the manner of transacting its business as it shall determine upon, (108 which rules shall not be changed, except upon notice given at least one week before the proposed change shall be proposed to said Board, and which change of said rules shall not be adopted for at least one week after they are so proposed to said Board), and three members of said Board shall con- stitute a quorum for the transaction of business. *And any special meeting of said Board which may be organized when all members of said Board shall be present and participate, shall be legal, though no notice of such special meeting was given. *It shall be the duty of the City Council of said city to provide and furnish with suitable desks, furniture and fix- tures, a suitable room for the meeting of said Board and office of said Superintendent of Water Works, either in or conveniently near the city hall building of said city. 108*If said City Council shall fail to so provide and furnish suitable desks, furniture and fixtures, and suitable room for the meeting of said Board and office of said Superintendent of Water Works, then said Board may so provide and furnish with suitable desks, furniture and fixtures a suitable room for the meeting of said Board and office of said Superintendent of Water Works con- veniently near the city hall building of said city. 1 1 1 !!!*SEC. II. The said Board shall have the right to determine and direct as to the size and quality of all water mains which shall be laid in said city. And all peti- tions or propositions for laying of water mains which shall come before the City Council shall be by it referred to said Board, who shall report thereon to the Council, des- ignating the size of main to be laid, in case the laying of main shall be ordered, with such other recommendations as to the said Board may seem proper. *And whenever the laying of mains shall be ordered by the City Council the said Board shall at once contract for or cause the same to be laid, provided there are sufficient funds pertaining to said water works fund that can be used for that purpose; and at any rate so soon as the special assessment levied upon abutting property for the laying of such main shall have been collected. *Water Board abolished. See note on first page of this chapter. 1 MINNEAPOLIS CITY CHARTER. 115 WATER-WORKS DEPARTMent. *All such special assessments shall, when and as fast as collected, be credited to said water works fund, and said Board may proceed to lay mains in advance of the col- lection of the special assessments therefor, whenever there shall be sufficient moneys in said fund in excess of other necessary or estimated demands thereon, to enable ad- vances to be made from such fund. CHAPTER IX. Water mains in collections. advance of countersign *But no contract negotiated by said Board shall be bind- Comptroller to ing upon said city until the same shall be countersigned contracts. by the Comptroller, subject to the same rules respecting the possession of funds to meet such contracts as in case of other contracts entered into on behalf of said city; 110but said Board of Water Commissioners shall have the right to make contracts for anything pertaining to said water works of said city, in anticipation of the sales of any when no funds. bonds which said city shall have been authorized to sell, the avails of which are required, by the act of the Legis- lature authorizing the sale of said bonds, to be set apart to the credit of the water works fund of said city. Contracts repairs. 112 *SEC. 12. If it shall happen at any time, that in Pump-house the judgment of said Board it shall be necessary to make repairs, additions or alterations, in any pump-house, or machinery, or water main, when there shall not be sufficient moneys in said water works fund to defray the costs thereof, said Board shall report the facts to the City rod, when. Council, who may thereupon, if said Council shall deem proper, appropriate from the general fund of said city, to said water works fund, sufficient moneys to ensure such repairs. From general pump-house, 118* SEC. 13. All expenses of keeping up and operat- Expense of ing said water works, and of constructing, enlarging, alter- etc. ing and keeping in repair pump-houses, machinery, hy- drants, and laying of water mains, and everything con- nected with said water works, shall, except so far as the cost of laying water mains be raised by special assessments upon abutting property, be paid from said water works assessments. fund, and any excess of such special assessments shall belong to said water works fund. Excess of 114*SEC. 14. It shall be the duty of said Board to fix, from Water rates. time to time, the rates to be paid by the owner, lessee or occupant, for each house, building or place, or any part of *Water Board abolished. See note on first page of this chapter. 116 MINNEAPOLIS CITY CHARTER. CHAPTER IX. Water rates. 'To make rules and regulations. Revocation of plumbers' licenses. ¡Shutting off water. Owners of property rents. WATER-Works DeparTMENT. the same, in or at which water from said water works may be used, upon such basis as they may deem equitable,and the time when the same shall be payable, which rates shall become and be the rates so to be charged for the rent or use of water used in said city, unless the same shall, as to any rate so fixed by said *Board, be increased or decreased by the City Council, when the rate so increased or de- creased shall become the rate so charged. 114 And said *Board shall have the power to make and enforce such rules and regulations as may be necessary to carry into effect the object and intent of this act, and to protect the property, interest and rights of said water works of said city; and may make all necessary rules and regulations concerning the tapping of any mains or branches, or making connection therewith, by any private parties or licensed plumbers; which right to make such rules and regulations shall include the right to re- port to the City Council of said city the name of any licensed plumber, licensed by said city, who has disre- garded said rules and regulations regarding the tapping of any said mains or branches, or making connections. therewith, with a request to said City Council that the license of said plumber shall be revoked; whereupon said City Council shall revoke the license of said plumber; and may also include the right to make rules for the shutting off of water from any premises where rates are payable and remain unpaid; and said Board shall have the right to furnish water free to any eharitable or public building, association or institution. 115SEC. 15. The owner of private property, which responsible for property has upon it pipes connected with the city water works to convey water upon such property, shall, as well as the lessee or occupant of the premises, be liable to the city of Minneapolis for the rents or rates of all water from said water works used upon such premises; which may be recovered in an action against such owner, lessee or occupant, or against any or all of them. Punishment' for injury, etc. 115 The City Council may provide for the punishment of all injuries to or unauthorized interference with said water works or anything connected therewith. *Water Board abolished. See note on first page of this chapter. { MINNEAPOLIS CITY CHARTER. 117 ! WATER-Works Department. CHAPTER IX. Wilful damage to water works. 116*SEC. 16. 116 Any person who shall, without au- thority from said †Board of Water Commissioners or or property. the City Council, willfully break, remove or in any way injure or damage any main, branch water pipes, intake pipes, aqueduct, dam, bulkhead, gate, gate house, con- duit, air vent, air box, air box cover, mainpipe or cover, hydrant or any part of the machinery or property of the water works of said city; or who shall fill up or partially fill up any excavation, or raise or open any gate,break down or force open any doors of said works, or who shall perfor- Boring pipes,. ate or bore, or caused to be perforated or bored, any etc. main, distributing pipe, branch pipe, aqueduct or pipe, or cause to be made any connections or communication with any such main, distributing pipe, branch pipe, aqueduct or pipes, or who shall put into or cause to be put into or permit or cause to run into Bassett's creek or the Mississippi river anywhere in the city limits of said city above the falls of St. Anthony, or the Mississippi river within three (3) miles above the north line of said city, or into any reser- Placing gar. voir, pipe, main, aqueduct, intake pipe, vat or other place for collecting water for said water works, any garbage, foul or unhealthy stuff, manure, privy vault deposit or carcass of any dead animal, or to do any act to pollute the water in said Bassett's creek or said river at the above named places, on conviction thereof; shall be Penalty. punished by imprisonment of not more than ninety (90) days, or by a fine of not more than one hundred (100) dollars, or by both such fine and imprisonment. bage in water. 116 The Municipal Court of said city shall have juris- Jurisdiction, diction of all offenses under this act. 116 This section shall not apply to any sewers hereto- fore constructed by said city, or private individuals, to empty into the said river. *This section is erroneously numbered "Sec. 17," in act approved Feb. 28, 1885. See special laws, section 12, chapter 4. Not to apply to private sewers, when. +Water Board abolished ee note on first page of this chapter. 118 MINNEAPOLIS CITY CHARTER. SECTION. CHAPTER X. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. 1. Public Buildings, Water Works, etc. Acquisition of Grounds and Water. Council to Appoint Committee.- Duties of Committee and City Engineer. 2. Report of Committee.-City Clerk to Publish Notice of Presentation.- When acted upon. 3. Commissioners, When and How Ap- pointed.-Failure to Act, Penalty. -Duties of Commissioners Council May Confirm or Annul Award -Re-Hearing, when.—Con- firmation Final.-Exception. 4. Sufficient Condemnation Defined.- Payment of Awards.-Abandoned, if not Paid in One Year.-Indem- nity Bonds.-Deposits in District Court.-Vesting Title.-Provisions of Section Applicable to Entire Chapter. 5. Streets and Alleys.-Openings and Improvements. - Water Courses.- When City Engineer to Make Plats, Surveys and Estimates.-- Commissioners and Duties.-Ac- tion of Council.-Public No- tice Required.-Confirmation of Awards and Assessments.-Levy of Assessment.-Form of Assess- ment Roll. 6. Dissatisfied Property Owners to File Objections Before Confirmation, -Appeals to District Court and Proceedings Thereon. 7. Improvements May be Abandoned, -When and How. 8. City Engineer to Estimate Cost of Pavements, Gutters, Water-Mains, Sewers, etc.-Estimate, How Made Interested Persons to be Heard.- Duties of Engineer and Council.- Assessments and Form of Assess- ment Roll. 9. Assessinents on Corner Lots.-Dis- cretion of Council. SECTION. 10. Construction of Sidewalks.-Pro- ceedings and Assessment Roll. 11. Repairing Sidewalks.-Form of As- sessment Roll. 12. Sprinkling Streets.-Form of As- sessment Roll. 13. Proceedings When Part of Award Annulled by Court.-Commission- ers, Award, etc. 14, Void, Irregular and Defective Assoss- ments.-Re-Assessments, 15. Assessment Rolls, How Recorded.- Duties of City Clerk and County Auditor.--Proceeds Paid to City Treasurer. Cancellation. — Certi- ficates in Lieu of Money, when. -Council May Refund when. -Moneys advanced for Improve- ments, How Applied. 16. Omissions, Informality, etc.. in Proceedings Not to Affect Valid- ity, when.-Assessment Roll and Record Competent Evidence.- Variance as to Forms, Immaterial 17. Proceedings when Special Assess- ment. Invalid.-New Assessments and Note Thereon. 18. Special Assessments Not Invalid Because Amount More or Less. Balances, How Appropriated. Abbreviations, etc., Recognized. 19. Two-thirds of Entire Council Re- quired to Make Improvement.- Exception. 20. Improvements May be Made by Con- tract or by City.-Assessments May be Deferred until Contract Let. 21. Council May Determine When to Proceed with Improvement. 22. Money Collected Before Improve- ment to be Reserved. 23. Assessments Payable to City Treas- urer, when.-Interest Deducted. 24. Assessments Heretofore Made Not Affected. 25. Assessment Lien Not Affected by Mortgage Foreclosure, etc. 1 } MINNEAPOLIS CITY CHARTER. 119 SECTION. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. 26. Improvements Requiring Special Assessments, When Ordered 27. County Auditor to Divide Assess – ments into Five Equal Parts.- Owners may Pay all One Year, or with Interest in Yearly Install- ments.--To Apply to Assessments of 1888.-Duties of City Council, City Engineer, etc.-Consent of Parties Defined.-Surplus Refun- ded, how. 28. Permanent Improvement Revolving Fund.-Duties of Board of Sink- ing Fund Commissioners.--Fund Not to be Diverted. SECTION. 29. Council to Issue Bonds for Perma- nent Improvement Revolving Fund.-Conditions and Restric- tions.-Proceeds, How Used.-Lim- itation. 30. Court Proceedings where City Takes Land Before Securing Title.-- Claimant Not to Have Rents or Profits, when. 31. County Auditor to Prepare Lists of Property and Owners for City En- gineer, when. - Compensation of County Auditor for Tax-List Entries. CHAPTER X. Grounds for public improvements. 117SECTION I. Whenever the City Council shall con- sider it necessary to procure grounds for any public grounds, engine-houses, markets, or public building, or for water works, or any water-power for water works, 117 or the right to take from any dam or pond, reservoir, or other part or portion of the waters of the Mississippi Water privi river, whether the same be private or public property, or leges. rights, any and all water necessary or convenient for the purpose of being forced through the conduits, aqueducts, mains, pipes, or branch pipes, in the city of Minneapolis, or through any part thereof, for the benefit and use of the inhabitants and people residing at or being in the city of Intake pipes. Minneapolis, and for the use of said city; or the right to lay intake pipes from any pump station in the city of Minneapolis belonging to said water works, through any mill dam, mill pond, whether above, through, or below water, or through the bed or bottom of any such mill dam or mill pond, or through any private real estate, whether the same be water or land, or interests in any water power or water reservoir, and to land and maintain said intake pipe or pipes, and to construct the necessary cribs and other protections of every kind necessary to lay or to pro- issippi river. tect any such intake pipe or pipes, anywhere in the Mis- sissippi river, or the islands therein or land adjoining. thereto; and the right to construct dams and reservoirs, and wing dams, anywhere in said river, whether within or above other dams, ponds or reservoirs, the City Council shall appoint a committee of not less than three of its members who, together with the City Engineer, shall make examination and propose to the City Council a location and description of land suitable for such public grounds, engine houses, market, or other public building, or for Cribs in Miss- Committee on location of lands, etc. 120 MINNEAPOLIS CITY CHARTER. CHAPTER X. Committee on location of water works, etc. Report of committee. City clerk to give notice of action on report. Council to con- sider report. Interested per- sons to be heard. Plat and survey Commissioners LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. water works, as the case may be, and if for water works, the amount of water power deemed necessary to be taken and appropriated, and the most convenient manner of taking and using the same, and present to the City Coun- cil a plat of the land proposed to be taken, and in their report shall show, so far as the committee shall deem nec- essary, what canals, tunnels, buildings or structures can be used in the appropriation, and any other matter which the committee shall deem proper for the information of the Council; and such committee may present for the con-. sideration of the Council more than one location and plat. SEC. 2. Such committee shall file their report with the City Clerk of said city, who shall give notice, by publica-- tion twice in the official paper in said city, that such re- port is on file in his office for the inspection of all persons. interested, and that the same will be presented to the City Council for action thereon at a meeting of said Council, to be named in such notice, which shall be the regular meeting of said Council which shall occur next after one- week from the second publication of such notice. At the meeting named in said notice, the City Clerk shall, next after the reading of minutes of previous meet-- ing, present such report, and the matter may be acted upon by the Council at the same or any subsequent: meeting. The Council, under such rules as it may prescribe, may hear any person interested in the matter, or refer the matter to a committee to hear such persons and report. SEC. 3. Whenever the City Council shall determine upon the lands, water power and other property to be taken and appropriated, it shall designate the same as nearly as may be convenient, and shall cause such plat or survey as may be necessary to show or explain the same, to be made and filed therewith with the City Clerk; and the City Council shall then or afterwards appoint five Commissioners who shall be freeholders of said city, and no two of whom shall reside in the same ward, to view the lands, water power or other premises to be taken and appropriated, and ascertain and award the amount of damages or compensation to be paid to the owners of the property so to be taken and appropriated. i MINNEAPOLIS CITY CHARTER. 121 LOCAL IMPROVEMENTS: ASSESSMENTS, ETO. act. CHAPTER X. Three or more of such Commissioners shall constitute a Quorum may quorum and be competent to do any act required of such Commissioners. They shall be notified by the City Clerk, by notice to Commissioners be served on them severally, either personally or through to be notified. the mail, to attend at his office on or before a day fixed by him, not less than two days after the service or mail- ing of such notice, to qualify and enter upon their duties; and if any Commissioner shall refuse or neglect to attend as aforesaid, he shall forfeit and pay to the City of Min- Failure to act. neapolis the sum of fifty dollars ($50), to be recovered to the use of the city in a civil action in the Municipal Court; and in case a quorum of such Commissioners shall not so attend at the time and place designated in said notice, the Mayor or Acting Mayor of said city may, in writing, ap- Vacancies. point one or more Commissioners in the stead of any such absentees. to be sworn. The Commissioners shall be sworn by the Clerk or any Commissioners officer authorized to administer oaths, to discharge their duties as such Commissioners in the matter, with fidelity and impartiality, and make due return of their action to the City Council. of meeting. They shall give notice, by two publications in the official Commissioner paper of said city, that they will, on a day designated in to give notice such notice, which shall be at least ten (10) days after the first publication of such notice, meet at a place desig- nated in such notice, on or near the premises proposed to be taken and appropriated, and view the property pro- posed to be taken and appropriated, and ascertain and Interested award therefor compensation and damages, and that they persons to be will there and then hear such allegation and proofs as interested persons may offer. heard. premises. Such Commissioners shall meet and view the premises, View of pursuant to such notice, and may adjourn from time to time, and after having viewed the premises may, for the hearing of evidence and preparation of their award, ad- journ or go to any other convenient place in said city; and such Commissioners shall make a true and impartial ap- Appraisment praisement and award of the compensation and damage to be paid to each person whose property is to be taken or appropriated, and report the same to the City Council; and such award shall lie over until the next regular meet- ing of the Council, which shall occur at least one week and award. 122 MINNEAPOLIS CITY CHARTER. CHAPTER X. Council to act on awards. New commis- sion, when. Further hearing. Award final, when. Condemnation sufficient, when. Compensation. Proceedings abandoned, when. Owners to fur- nish abstract of title. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. after the reception of such award, at which or any subse- quent time the City Council may act on such award and hear any objection made thereto, or may refer the matter to a committee to hear such objection and report thereon. The Council may confirm such award or annul the same, or send the same back to the same or a new Board of Commissioners for further consideration; and such Com- missioners may in such case, again on giving notice, pub- lished once in the official paper of said city, meet at a time and place to be designated in said notice, which shall be at least two days after the publication of such notice, and hear any further evidence that may be ad- duced by interested persons, and may adjourn from time to time and correct any mistakes in such award, and revise and alter the same as they may deem just, and again re- port such award to the City Council, who may confirm or annul the same. When any such award shall be confirmed by the City Council, the same shall be final and conclusive upon all parties interested, except as hereinafter provided. 118 SEC. 4. Whenever an award of compensation and damages shall be confirmed by the City Council, and not appealed from, and whenever the same, when appealed from, shall not be set aside by the court, the same shall constitute a lawful and sufficient condemnation and ap- propriation to public use of the land and property and rights in property for which compensation or damages are so awarded; and the City Council shall thereupon cause to be paid from the permanent improvement fund of said city, to the owners of such property, the amount awarded to each severally. In case such payment is not made within one year after the confirmation of the award, or the determination of the appeal thereupon, the proceedings shall be deemed to be abandoned. Before payment of such award the owner of such prop- erty, or the claimant of the award, shall furnish an abstract of title showing himself entitled to all of the compensa- tion and damages claimed. In case of neglect to furnish such abstract, or there shall be any doubt as to who is en- titled to such compensation or damage or any part of the same, the amount so awarded shall be by the City Council appropriated and set apart in the city treasury for who- ever shall show clear right to receive the same. MINNEAPOLIS CITY CHARTER. 123 LOCAL IMPROVEMENTS: ASSESSMENTS, Ето. CHAPTER X. require bonds. The City Council may in its discretion require of such Council may claimant a bond, with good and sufficient sureties, condi- tioned to indemnify and save the city harmless against all other claims for such compensation or damages, or for the property for which the same was awarded, and all loss, costs or expenses on account of such claims. 118 Provided, That whenever the City Attorney shall certify in writing to the City Council that in his opinion he is in doubt to whom the said awards shall be paid, said City Council may order a warrant to be drawn for the same, payable to the Clerk of the District Court of Hen- nepin county, and the City Clerk shall deliver the same to`said Clerk of the Court and take his receipt for the same, which deposit with said Clerk of the Court shall have the same effect as if set aside in the City Treasury as hereinbefore provided; and in which case the parties en- titled to the same shall establish their right to the same by a petition to the said District Court, setting up the facts entitling them thereto, and by proving the same to the satisfaction of the Court; and when so established the Court shall make an order directing to whom the same shall be paid. Deposit of when. award in court, Right to awar how estab- lished. city. Upon the payment of said award or appropriation, or Title to vest in the setting apart of the money in the City Treasury to pay the same as aforesaid, the city shall become vested with the title to the property taken and condemned absolutely for all purposes for which the city may ever have occa- sion to use the same, and may forthwith enter upon and use the same. This section shall apply, as well, to all cases of appro- priation of private property for public use provided for in this chapter. ΤΣΟ Section to chapter. apply to entire improvements. water course. SEC. 5. Whenever the City Council shall vote to Street lay out or open any new street or alley, or to straighten, widen or extend any that now or may hereafter exist, 119 or to lower, raise, change the course of, or divert any stream of water, or any ditch or drain, which shall make Diverting it necessary to take, injure or interfere with private prop- erty, it shall determine and designate in a general way, as nearly as may be convenient, the character and extent of the proposed improvement; and thereupon it shall be the City engineer duty of the City Engineer to make and present to the Council a plat and survey of such proposed improvement. showing the character, course and extent of the same, to prepare plut. 124 MINNEAPOLIS CITY CHARTER. CHAPTER X. Nature of plat and survey. Estimate of cost, when. LOCAL IMPROVEMENTS: ASSESSMENTS, Eto. and the property necessary to be taken or interfered with thereby, with the name of the owner of each parcel of such property, so far as the Engineer can readily ascertain the same, and such statement as may; in the opinion of the Engineer, be proper to explain such plat and survey and the character and extent of the proposed improve- ment, and his estimate of the cost of such improvement, (119if it consists in lowering, raising, changing the course of or diverting any stream of water, ditch or drain); and Amended plat. the City Council may cause such plat and survey to be modified, amended or changed as it may deem proper, and shall estimate and fix upon the cost of making such improvement, 119if it consists in lowering, raising, chang- ing the course of or diverting any stream of water, ditch or drain. ct of tion. Plat to show lands in detail. Commissioners Duties of. Quorum and vacancies. Failure to attend. When such plat and survey shall be finally adopted by the City Council, it shall be filed with the City Clerk, and it shall be held to show correctly the character and extent of the improvement actually agreed upon and ordered by the City Council. Said plat shall also show the amount of land taken from each owner, so far as the owners may be known, and the lands contiguous to 119 such improvement. The City Council shall then or afterwards appoint five freeholders of said city, no two of whom shall reside in the same ward, as Commissioners, to view the premises and to ascertain and award the amount of damages and compensation to be paid to the owners of property which is to be taken or injured by such improvement, and to assess the amount of such damages and compensation and the expense of the improvement, (119 where it con- sists in lowering, raising, changing the course of or di- verting any stream of water, ditch or drain), upon the lands and property to be benefited by such improvement, and in proportion to the benefits to be received by each parcel, and without regard to a cash valuation. Three or more of such Commissioners shall constitute a quorum and be competent to perform any duty required of such Commissioners; and they shall be notified of their appointment, and vacancies in their number be filled in the same manner, and they shall take the same oath and be subject to the same penalty for refusal or neglect to attend, to be collected in the same way as is provided in the case of Commissioners appointed under section 119three of this chapter. 1 MINNEAPOLIS CITY CHARTER. 125 LO AL IMPROVEMENTS: ASSESSMENTS, ETO. CHAPTER X. to give notice They shall give notice by two publications, in the official Commissioners paper of said city, that such survey and plat is on file in of meeting. the office of the City Clerk, for the examination of all persons interested, and that they will, on a day designated in such notice, which shall be at least ten days after the first publication of such notice, meet at a place designated in said notice on or near the proposed improvement, and view the property proposed to be taken or interfered with for the purposes of such improvement, and ascertain and Nature of award therefor compensation and damages, and view the notice. premises to be benefited by such improvement, and assess thereon in proportion to benefits, the amount necessary to pay such compensation and damage and the cost of making the improvement, 119 where it consists in lowering, raising, changing the course of or diverting any stream of water, ditch or drain, and that they will then and there hear such allegations and proof as interested persons may offer. And such Commissioners shall meet and view the prem- Meeting and ises, pursuant to such notice, and may adjourn from time adjournment. to time, and, having viewed the premises, may, for the hearing of evidence and preparation of their award and assessment, adjourn or go to any other convenient place to advise. in said city, and may have the aid and advice of the City City engineer Engineer and of any other officer of the city. and award. After viewing the premises, and hearing the evidence Appraisement offered, such Commissioners shall prepare and make a true and impartial appraisement and award of the com- pensation and damages to be paid to each person whose property is to be taken or injured by the making of such improvement; but if the remainder of the same property, a part of which only is to be taken or damaged by such improvement, shall be benefited by such improvement, then the Commissioners, in considering and awarding com- Benefits to be pensation and damages, shall also consider, estimate and offset. offset the benefits which will accrue to the same owner, in respect to the remainder of the same property, and award him only the excess of the compensation or dam- ages over and above such benefits. damages. The said Commissioners shall then assess the amount Assessment of of such compensation and damages so awarded, upon the land and property benefited by such proposed improve- ments, 119together with the expense and cost of making 126 MINNEAPOLIS CITY CHARTER. CHAPTER X. Assessment of damages. Commissioners to report to council. When total cost in excess of benefit. Assessment list LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. the improvements, as fixed upon by the City Council, (if such improvements consist in so lowering, raising, chang- ing the course of or diverting any stream of water, ditch, or drain in said city,)and in proportion to such benefits, but in no case shall the amount of said assessment exceed the actual benefit to the lot or parcel of land so assessed, deducting therefrom any damages or injuries to the same parcels which are less than such benefits, and assessing only the excess, and prepare and report to the City Coun- cil their appraisement and award; and if in the judgment of said Commissioners the whole amount of such com- pensation and damages, together with the cost of making such improvement, shall exceed the actual benefit to the specific property subject to assessment, they shall so indi- cate in their report, and shall state the amount of such excess. Said Commissioners shall also report to the City Coun- to be reported. cil an assessment list containing their assessment of such compensation, damages and costs, or so much thereof as shall not exceed the actual benefits to the property so assessed, which list shall contain a brief description of each tract or parcel of property assessed, the name or names of the owners thereof, if known, and the amount assessed¹19 against each parcel of property and the amount of the excess of such compensation, damages and costs as aforesaid, which they shall return unassessed. Nature of. City clerk to give notice of action on report. Lands taken, how described. 119 Said Commissioners shall, upon the completion of their said report, file the same with the City Clerk for pre- sentation by him to the City Council, and thereupon it shall be the duty of said City Clerk to give notice to all interested parties, by 120 one (1) publication in the official paper of said city, that he will at the next meeting of the City Council, or as soon thereafter as practicable, present such report to said Council for their consideration and action, the first (1) of which said notices shall be pub- lished at least five (5) days before the presentation of such report to said City Council. 119Such published notices shall contain descriptions of the several lots and parcels of land taken for such pro- posed improvements, and the amount awarded for the taking of each such lot or parcel, together with the names of the owner or owners of the same, so nearly as they can be readily ascertained. MINNEAPOLIS CITY CHARTER. 127 LOCAL IMPROVEMENTS: ASSESSMENTS, ETO. CHAPTER X. how described. 119It shall also contain descriptions of the several lots Lands assessed, or parcels of land upon which benefits have been assessed and the amount assessed against each such lot or parcel, together with the names of the owner or owners of the same, as nearly as the same can be readily ascertained. Such report, 119 after its presentation to the Council, Council to act shall lie over until the next regular meeting of the Coun- on report. cil, which shall occur at least one week after the reception thereof, at which time, or at any meeting, the City Council may act upon such report and hear any complaint touch- ing such award or assessment, or it may refer the matter to a committee of the Council to hear such complaints and report thereon. when. The Council may confirm such award and assessment, or New either, or annul the same, or send the same back to the commission, same Commission for further consideration; and the Com- missioners may in such case again, upon giving notice pub- lished once in the official paper of said city, meet at a time and place to be designated in said notice, which time shall be at least two weeks after the publication of such notice, meet and hear any further evidence that may be Further adduced by interested persons, and may adjourn from time to time, and may correct any mistakes in such award and assessment, and alter and revise the same as they shall deem just, and again report the same to the City Council, who may thereupon confirm or annul the same. hearing. Confirmation final. Whenever the City Council shall confirm any such award and assessment, such confirmation shall make such award and assessment final and conclusive upon all parties inter- ested, except as is hereinafter provided, and the City Council shall proceed, at the same or any subsequent meeting, to levy such assessment upon the several parcels Assessment to of lands described in the assessment list reported by the Commissioners, in accordance with the assessment so con- firmed, and cause to be made and adopted an assessment roll of the same, which may be in the following form, or in any other form the Council may adopt: be levied. roll. The City Council of the City of Minneapolis doth hereby assess and Form of levy upon and against the several lots and parcels of land below de- assessment scribed, the respective sums of money set against each lot or parcel. This assessment is made to defray the compensation and damages awarded for the taking of and injury to private property, and estimated cost of improvement, in and about the as shown on the plat and survey of the same on file in the office of the City Clerk of said city. This levy is made conformably to the report and 128 MINNEAPOLIS CITY CHARTER. CHAPTER X. Form of assessment roll. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. assessment of Commissioners duly appointed to make such assess- ment, and in proportion to benefits from such improvements to accrue to the parcels and not exceeding the benefits to the parcels so assessed. Name of owner, if known. Description of land. Lot, Block. Amount. Dollars. Cts. Interested persone. May object to confirmation. Appeal to court. Appeal, how made. Bond to be filed. Done at a meeting of the City Council this A. D. 18.. Attest.. City Clerk. day of Pres't of the Council. 121SEC. 6. Any person, whose property is proposed to be taken, interfered with, or assessed for benefits, under any of the provisions of this chapter, and who deems that there is any irregularity in the proceedings of the Coun- cil, or action of the Commissioners, by reason of which the award of the Commissioners ought not to be confirmed, or who is dissatisfied with the amount of damages awarded to him for the taking of or interference with his property or with the amount of the assessment for benefits to any property affected by such proceedings, may at any time before such award or assessment shall be confirmed by the City Council, file with the City Clerk, in writing, his objection to such confirmation, setting forth therein specifically the particular irregularities complained of, and containing a description of the property affected by such proceedings; and if, notwithstanding such objections, the City Council shall confirm the award or assessment, such person so objecting shall have the right to appeal from such order of confirmation of the City Council, to the District Court of the county of Hennepin, at any 121time within ten days after such order. Such appeal shall be made by serving a written notice of such appeal upon the City Clerk of said city, which shall specify the property of the appellant affected by such award, and refer the objection filed as aforesaid, and by also delivering to said City Clerk a bond to the city of Minneapolis, executed by the appellant, or by some one on his behalf with two sureties, who shall justify in the penal sum of fifty dollars, conditioned to pay all costs that may be awarded against the appellant. 1 J 1 I 1 f MINNEAPOLIS CITY CHARTER. 129 LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. CHAPTER X. awards, etc. Thereupon the City Clerk shall make out and transmit Transcript of to the Clerk of said District Court a copy of the award of said Commissioners, as confirmed by the Council, and of the order of the Council confirming the same, and of the objection filed by the appellant as aforesaid, all certified by said City Clerk to be true copies, within ten days after the taking of such appeal. duplicated, But if more than one appeal be taken from any award, Not to be it shall not be necessary that the Clerk, in appeals subse- when. quent to the first, shall send up anything except a certi- fied copy of the appellant's objection. required. Court to There shall be no pleading on such appeal, but the No pleading Court shall determine in the first instance whether there was in the proceedings any such irregularity or omis- sion of duty, prejudicial to the appellant and specified in his said written objections, that as to him the award or determine, assessment of the Commissioners ought not to stand, and whether said Commissioners had jurisdiction to take ac- tion in the premises. what. Case to have The case may be brought on for hearing, on eight days' precedence. notice, at any general or special term of the Court, and shall have precedence of other civil cases, and the judg- ment of the Court shall be either to confirm or annul the proceedings only as the same affects the property of the Judgment appellant proposed to be taken, damaged or assessed for final. benefits, and described in said written objection. From such determination no appeal or writ of error shall lie. Re-appraisal, when. In case the amount of damages awarded or assessment made for benefits is complained of by such appellant, the Court shall, if the proceedings shall be confirmed in other respects, upon such confirmation, appoint three disin- terested freeholders, residents of said city, Commissioners to re-appraise such damages or benefits. The parties to Parties to be such appeal shall be heard by said Court upon the ap- pointment of such, and the Court shall fix the time and place of the meeting of such Commissioners. They shall Commissioners be sworn to the faithful discharge of their duties as such to be sworn. Commissioners, and shall proceed to view the premises heard. and to hear the parties interested, with their allegations Interested and proofs pertinent to the question of the amount of parties to be such damages or assessments. heard. Commissioners Such Commissioners shall be governed by the same pro- Commverned. visions in respect to the method of arriving at the amount of damages and the offset thereto of benefits to other pro- 130 MINNEAPOLIS CITY CHARTER. CHAPTER X. how governed. LOOAL IMPROVEMENTS: ASSESSMENTS, ETC. Commissioners perty of the same owners, and in all other material re- spects, as are in this chapter made for the government of Commissioners appointed by said City Council. Report. Award final, when. Order of court final. Compensation of Commis- sioners. Double costs, when. Council may abandon proceedings. Limitation. Pavements, water mains, sewers, etc. They shall, after such hearing and view of the premises, make report to said Court of their appraisal of damages or assessment of benefits in respect to such appellant. The award or assessment of such Commissioners shall be final unless set aside by the Court for good cause shown. In case such report is set aside, the Court may, in its discretion, recommit the same to the same Commis- sioners or appoint a new board, as it shall deem best; but no appeal or writ of error shall be allowed from any order of the Court in the premises. Said Court shall allow a reasonable compensation to such Commissioners for their services, and make such award of costs on such appeal, including the compensa- tions of such Commissioners, as it shall deem just in the premises. In case the Court shall be of opinion that such appeal was frivolous or vexatious, 'it may adjudge double costs against such appellant. 122SEC. 7. The City Council shall have the right at any time during the pendency of any proceedings for the improvements authorized in this Chapter, or at any time within 122 ninety (90) days after the final order of the Court, on any appeal from such proceedings, to abandon all such proceedings whenever it shall deem it for the interest of the city to do so, 122 which right to so abandon such pro- ceedings within ninety (90) days after the final order,shall apply to all proceedings now pending in which the City of Minneapolis has not yet paid for or obtained title to any property condemned by said proceedings for public use. 123 SEC. 8. Whenever the City Council shall determine to cause to be paved, repaved or macadamized any street, lane or alley in said city, or any gutter or gutters along any such street, lane or alley, or to lay, relay or extend Extent, etc., to any water-mains or sewer-pipes in or through such streets, be designated. lanes or alleys, or any portion thereof, it shall determine and designate in a general way, as nearly as may be con- venient, the character and extent of the improvements, and the materials to be used therein. : MINNEAPOLIS CITY CHARTER. 131 LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. CHAPTER X. to estimate And thereupon it shall be the duty of the City Engineer City engineer to make and present to the City Council an estimate of cost. the cost of such improvements, stating therein the pro- portions of such estimated cost which will be required to construct such improvements in front of abutting lands, which cost shall not, in any case of water-mains, exceed the cost of a six-inch pipe, and in case of sewers shall not exceed the cost of ordinary street mains in front of such abutting lands, and the proportion thereof required to con- Rules govern- struct the same across streets, lanes and alleys, and in ing estimate. front of lands not subject to asssessment, and also the ex- cess of cost in case of water-mains and sewers over and above the cost of such six-inch pipe or ordinary sewer; also a list of the several lots and parcels of land fronting List of lots,etc. upon such proposed improvements, with number of feet front of each extending along such improvements, and the names of the owners of the several parcels, as nearly as the City Engineer can readily ascertain the same. Bids may be called for in advance. A brief minute of the reception of such report shall be Notice to inter- made and published in the record of the proceedings of ested parties. the City Council, which shall be held to be sufficient notice to all persons concerned; and such report shall lie over without any assessment being made until the next regular Report. meeting of the City Council, which shall occur at least one week after the reception of such report; but the City Council in its discretion may direct the City Engineer to advertise for and receive in the meantime bids for doing the work and furnishing the material required to construct and complete such improvement, and report the same to the Council, at the meeting of the City Council to which such report is laid over, or at any subsequent meeting. The City Council may consider such estimate and list, Action on and any further communications from the City Engineer respecting the matter, and, under such rules as it may make, shall hear all persons interested in the matter of such improvements, who may desire to be heard, and the Interested Council may adhere to its resolutions of making such im- parties to be provements, or may modify the character of the same, or abandon it. If the City Council shall determine to go on with such improvements, whether modified or not, it may, either before or after having contracted for the construction of such improvements, estimate and fix upon the cost of such improvements, and the proportion or amount of report. heard. Council may fix cost of improvement. 132 MINNEAPOLIS CITY CHARTER. CHAPTER X. ('ost, how ascertained. Assessment and levy. Assessment roll. Form of assess- ment roll. LOCAL IMPROVEMENTS: ASSESSMENTS, ETO such cost which is required to construct such improve- mcnt, not exceeding, in case of sewer, the cost of an or- dinary street sewer when larger sewers are constructed, and in case of water mains not exceeding the cost of lay- ing a six-inch pipe, where a larger pipe shall be laid oppo- site to or in front of the lots and parcels of land described in the list so made by said City Engineer, and may assess and levy such proportion or amount of such cost upon the same lots and parcels of land upon the basis of an equal sum per front foot of each lot or parcel, measuring along the line of such improvements; and the City Coun- cil shall cause to be made, and shall adopt an assessment roll thereof, which may be in the following, or any other form which the City Council may deem proper: The City Council of the City of Minneapolis doth hereby assess and levy upon and against the several lots and parcels of land below de- scribed, the respective sums of money set opposite each lot or parcel. The assessment is levied to defray the expense of in the City of Minneapolis along .and said lots and par cels of land are assessed upon the basis of an equal sum per front foot along the line of such improvement. • Name of owner, if known. Description of land Lot. Block. Amount. Dollars. Cts. 1 ༣ 1 Done at a meeting of the City Council this ... day of.. A. D. 18.. President of the Council. 1 Attest, Estimate of cost omitted if second plan followed. When assess- ment by front foot. City Clerk. 128 Provided, however, That in all cases where the second (2d) plan proposed in section three (3) and in section tour (4) of chapter nine (9) hereof, for the apportion- ment of the cost of water mains and of sewers, be the plan adopted and followed, the City Engineer may omit from his report all estimates of cost and all apportion- ments thereof. 128In all such cases, too, when the City Council deter- mines to go on with such improvements, it shall make the equal assessment per front foot, previously determined and fixed upon, without other regard to the cost of the MINNEAPOLIS CITY CHARTER. 133 LOCAL IMPROVEMENTS: ASSESSMENTS, ETO. CHAPTER X. roll-second work, or to the apportionment of that cost, than was had Assessment at the time when the amount to be assessed against abut- plan. ting property was named and fixed, [and shall cause to be made] and shall adopt an assessment roll thereof sub- stantially like that prescribed when the other plan is fol- lowed. Discretion as to corner lots. SEC. 9. The City Council may, in its discretion, in case where any lot fronting on two streets has been previously assessed and the assessment paid for laying any water main or sewer pipe upon a different street from the one through which such proposed improvement is to be ex- tended, remit from the assessment of such corner lot such portion of such second assessment, not exceeding the amount of assessment for a frontage of sixty-six feet on such lot, as it may deem just under all the circumstances Decision of of the case; but the discretion of the City Council in such council final. matter shall be final, and the refusal or failure of said Council to make such remission shall not be a ground for setting aside such assessment in any court or proceeding. Neglect to build side- walks. SEC. 10. Whenever the City Council shall have ordered the construction of any sidewalk, and the owners of the land along which such sidewalk is to be built shall refuse, or for the space of two weeks neglect to construct the same according to the order of the City Council, the City Engineer shall report to the City Council a description of each lot or parcel of land along which such sidewalk has estimate cost. not been built, and his estimate of the cost of building such sidewalk along each of such lots and parcels; such estimates shall not be binding upon the City Council, but advisory merely, and the Council may obtain any other information as to such cost, and the Council shall Engineer to fix upon and designate the cost of building such sidewalk Assessment in front of each lot and parcel of land, and thereupon the and levy. City Council shall assess and levy upon and against such lot and parcel of land so reported (after correcting mis- takes, if any) along which such sidewalk has not been built, such sum as will cover the cost of building such sidewalk along and fronting upon the same lots and par- cels of land respectively, and cause to be made an assess- ment roll of the same, which shall be in the following roll. form, or any other form which the City Council may adopt: Assessment 134 MINNEAPOLIS CITY CHARTER. CHAPTER X. Form of side- walk asses8- ment roll. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. ..side of....... · • .from.. The City Council of the City of Minneapolis doth hereby assess and levy upon and against the several lots and parcels of land below des- cribed, the respective sums of money set against each lot or parcel. This assessment is made to defray the cost of .a sidewalk along the. ..to in accordance with a resolution of the City Council, passed the day of..... A. D. 18..and duly published in the official .A. D. 18.. The amount assessed against and levied upon each lot or parcel being the amount necessary to build such sidewalk along and fronting upon the same lotor parcel of land. • • paper of said city on the. day of.. Amount Name of Owner, if known. Description of Land Lot Block. Dollars. Cts. AT Done at a meeting of the City Council this. A. D. 18………. day of... ! Attest, President of the Council. • City Clerk. Repairs of sidewalks. Form of assess- ment roll. SEC. II. Assessments for repairs of sidewalks, may be in the following form, or any form which the City Council may adopt: The City Council of the City of Minneapolis doth hereby assess and levy upon and against the several lots and parcels of land below des- cribed, the respective sums of money set against each lot or parcei. This assessment is made to defray the cost of repairs of sidewalks front- ing upon each lot or parcel, which the respective owners have neglec- ted to make, and which have been made by the proper Street Commis- sioners since the.. day of....... .A. D. 18.... The amount assessed against and levied upon each of said lots and parcels of land, is the actual cost of repairs of sidewalks abutting upon such lot or parcel, and so repaired by such Commissioners. Name of Owner, if known. Description of Land Lot. Block. Amount. Dollars. Cts. 1 MINNEAPOLIS CITY CHARTER. 135 LOCAL IMPROVEMENTS: ASSESSMENTS. ETC. Done at a meeting of the City Council, this... day of A. D. 188 Attest, President of the Council. City Clerk. CHAPTER X. Form of assess- ment roll. SEC. 12. Assessments for sprinkling streets may be in Sprinkling the following form, or any other form which the City streets. Council may adopt. The City Council of the city of Minneapolis doth hereby assess and levy upon and against the several lots and parcels of land below des- cribed, and the buildings and improvements thereon, the respective sums of money set opposite each lot or parcel. This assessment is levied to defray the expense of sprinkling the streets fronting the said lots and parcels of land, from A. D. 18....to.. • • A. D. 18.... according to a contract for sprinkling . . .from. to.. .....for the term of. of... years from. ..and said lots and parcels of land, buildings and improvements are assessed by an equal rate upon the assessed value of the lots, lands, buildings and improvements fronting on the portion of the street so sprinkled. Amount. Name of Owner, if known Description of Land. Lot. Block. Dollars. Cts. Form of assess- ment roll. Done at a meeting of the City Council this... ... ... day of..... A. D. 18... Attest, President of the Council. City Clerk. 124 SEC. 13. Whenever any portion of any award made by Commissioners and confirmed by the Council, under the provisions of sections three (3) and five 5) of this chapter, shall be annulled by the Court upon appeal, as hereinbefore provided for, the City Council may again appoint Commissioners to view the property which was affected by such appeal, and appraise and amend the compensation and damages to be paid for the taking or appropriation of the same, and the like proceedings shall be had so far as applicable, as is prescribed in said section 124three (3) and five (5), except that such Commissioners shall make no new assessments of costs and expenses. Proceedings when part of award annulled on appeal. 136 MINNEAPOLIS CITY CHARTER. CHAPTER X. Damages. etc., arrived at, how, Proceedings when award again annulled. Proceedings when assess- etc. LOCAL IMPROVEMENTS. ASSESSMENTS, ETC. They shall, however, in arriving at the compensation and damages to be awarded, take into consideration and offset any benefits which, in their judgment the contem- plated improvement will be to the remainder of the prop- erty, part of which may be taken or appropriated, and report their award to the City Council, whereupon the same proceedings may be had as far as applicable as upon an original award. And if such award shall again, upon appeal, be annulled by the Court, still another Commission may be appointed and award made in the same manner, and so on, until a valid award shall be made, but no new assessment for benefits shall be made merely by reason of any change in the amount of the sum awarded for compensation and damages, and any sum which may be lacking to pay the awards shall be paid from the 124 permanent improvement fund. SEC. 14. If any special assessment heretofore made by ment annulled, the City Council, or under its direction, to defray the ex- penses of any local improvement has been or shall be, either in whole or in part, annulled, vacated or set aside by the judgment of any Court, or if the City Council shall be satisfied that any such assessment is so irregular or defective that the same cannot be enforced and collected or if the City Council shall have omitted to make such ings irregular. assessment at or before the making of such improvement when it might have done so, the City Council shall anew, or hereafter compute and determine upon the cost of mak- ing such improvement in a gross amount, upon such data as to it shall seem sufficient, not exceeding in the case of water mains, the cost of laying a six-inch pipe when a larger pipe was used. When proceed- Council may order new assessment. And the City Council may then proceed to cause a new assessment of the cost of such local im- provements to be made, either on the property front- ing upon such improvements, or on the property benefited by such improvements according to the character of such improvements, following as near as may be the provisions of the city charter in force at the time of making such to be followed. improvement in determining the property to be assessed and the form and manner of proceeding subsequent to the determination of the cost of the improvement. Ordinary form, ! MINNEAPOLIS CITY CHARter. 137 LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. CHAPTER X. assessment And in case such second assessment shall be annulled When second the City Council may proceed to make other assessments annulled. until a valid assessment shall be made, but nothing in this section shall authorize any new assessment in cases where such Court shall determine that the lots or lands are not subject to assessment. After such new assessment roll shall have been com- pleted the City Clerk shall note thereon against any piece of land upon which a former assessment for the same improvement has been paid, the words "Paid on Former Assessment," which shall cancel such assessment on that parcel. 125SEC. 15. The City Clerk shall record all assessment rolls of special assessments, in books to be by him kept for that purpose, and shall, on or before the first day of October of every year, deliver to the County Auditor of said County of Hennepin all such assessment rolls 125not theretofore delivered, and the said County Auditor shall extend the assessments in proper columns against the property assessed, and such assessment shall be collected and the payment thereof enforced with and in the like manner as State, County and other taxes are collected and the payment thereof enforced; and such assessments when collected shall be paid over by the County Trea- surer to the City Treasurer of said city, together with all costs, penalties and interest collected thereon, at the time of making payment of city taxes to City Treasurer. Former assess- ment can- celled. Assessment record. Collection of assessments. assessments. 125 Provided, That the City Council may, by resolution, Cancellation of direct the County Auditor of Hennepin County to can- cel, on any record, where the same appears any special assessment theretofore assessed and levied by said City Council, whether because the same be irregular or erron- eous, or because the improvement, for the cost of which said special assessment shal lhave been assessed and levied, shall have been constructed by the owner of the pro- perty against which said special assessment shall have County auditor been assessed and levied; and in any such case of the can- cellation of any such special assessment the Auditor shall make the necessary credits of the amounts of such special assessments so cancelled on the proper books and to the proper officers. to note same. 138 MINNEAPOLIS CITY CHARTER. CHAPTER X. Certificates of construction. Authority for cancellation. Certificates in Sy LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. 125 And said City Council may provide by ordinance or resolution that the certificate of the City Engineer or other proper officer, that any improvement, for which any such special assessment shall have been made, has so been constructed by the owner of the property against which any such special assessment shall have been made, pre- sented to the said County Auditor, shall be sufficient authority for said Auditor to cancel the special assess- ment so assessed and levied for the cost of such improve- ment against the property named in said certificate, and for authority in that case for the said Auditor to so make said proper credits. 125 And said Council may also provide by ordinance lieu of money. that the County Treasurer shall receive in lieu of money, in payment and satisfaction of such special assessments, said certificates of the City Engineer, or other city officer named by said ordinance for that purpose, that any such improvement for which a special assessment has been made, has been so constructed by the owner or other person. Division of assessments. Acts of council etc., legalized. Assessments refunded, Three-fourths of excess. 125 Said City Council may also direct, by resolution of motion, the said County Auditor to divide any special assessment and place parts thereof on any part of the real estate against which the same is assessed and levied, and. to make the necessary corrections and records thereof. 125 All acts prior to the passage of this act, of said City Council, and of all officers of said city or of Hennepin county, in directing or authorizing the Treasurer of said city or said county to accept the certificate of the City Engineer of said city that any owner of any real estate against which any special assessment has been assessed and levied for the cost of any improvement has constructed said improvement, in lieu of cash in payment of or satisfaction of said special assessment, is hereby confirmed and legalized. 125 Provided, That when the total cost of any improve- ment, for which special assessments have been assessed and levied, shall be less than ninety (90) per centum of the total special assessments assessed, levied and collected for the same, said City Council may refund out of the per- manent improvement fund to the owners of the real estate against which said special assessments have been made, who have paid the same, three-fourths (34) of their pro- 1 1 MINNEAPOLIS CITY CHARTER. 139 { LOCAL IMPROVEMENTS: ASSESSMENTS, ETO. CHAPTER X. excess. portionate share of the excess of such total special assess- Refunding ments so collected over the total cost of such improve- ments. Moneys improvements. 125 And provided also, That after any improvement has been ordered and the special assessments for the cost advanced for thereof have been assessed and levied, any person or per- sons are desirous of having such improvement constructed before the collection of such special assessment, and such person or persons shall advance the cost of such improve- ment and pay the same to the City Treasurer for the credit of the permanent improvement fund, such money so advanced to construct such improvement shall not be used or appropriated for any other purpose; and said City Council may cause the immediate construction of such Refunding improvement and shall, when said special assessments assessed and levied to pay for the same are collected, cause the same to be paid to such person or persons advancing the money for the cost of such improvement. same. not to affect SEC. 16. No omission, informality or irregularity in Irregularities proceedings in or preliminary to the making of any validity. special assessment shall affect the validity of the same, where the assessment roll has been adopted by the City Council; and the assessment roll, and the record thereof kept by the City Clerk, shall be competent and sufficient evidence that the assessment was duly levied and the assessment roll duly made and adopted, and that all other Roll evidence proceedings antecedent to the adoption of such assess- ceedings. ment roll were duly had, taken and performed, as required by this charter. of proper pro- And no failure of the City Clerk to record the assess- Failure of ment roll, or to deliver the same to the County Auditor clerk, effect of on or before the time prescribed for such delivery, or to do any other act or thing of him required, shall in any immaterial. way invalidate any assessment; and no variance from the Variance directions herein contained, as to the form or manner of any of the proceedings, shall be held material, unless it be clearly shown that the party objecting was materially injured thereby. SEC. 17. In case any special assessment shall in any Invalid suit where its validity shall be questioned, be adjudged assessments invalid, the City Council may, in its discretion, notify the County Auditor to cease the collection of the same, if it shall have been transmitted to him for collection, and 140 MINNEAPOLIS CITY CHARTER, CHAPTER X. Discretion of council. Payments on invalid asseSA” ment to be noted. Collection of new assess- ment. invalidate Assessment. Deficiency paid from ward fund, when. Surp'us, how disposed of. Abbreviations may be used. Immaterial errors. Two-thirds of council to order improve- ment. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. may proceed anew by proceedings either as in case of an original special assessment for the same purpose, or by taking up the previous proceedings at any point; and may make and levy a new assessment in the place and stead of the assessment, which shall have been adjudged invalid. And the City Clerk, before delivering such new assess- ment to the County Auditor for collection, shall ascertain and note thereon payments which have been made on such invalid assessment for the same purpose, which nota- tion shall cancel the assessments as to the parcels and lots on which such payments were made to the extent of the payments. Such new assessments shall be collected in the same manner as original special assessments. SEC. 18. No special assessment shall be questioned or held to be invalid because the amount of such special assessment shall happen to be either more or less than the amount of money actually required for the improve- ment for which such assessment shall be made. If the amount raised by such special assessment shall happen to be less than the amount required for such improvement, the balance shall be paid from the fund of the ward or wards wherein such improvement shall be made, except that in the case of water mains and sewers, such balance shall be paid from the permanent improvement fund; and if there shall happen to be any surplus from any such special assessment, the same shall be carried to the credit of the same fund from which a deficiency would have been supplied, or be otherwise disposed of as to the City Council shall seem most just towards the persons upon whom such special assessment has been levied. And upon any assessment rolls or other papers made or used in any of the proceedings, it shall not be necessary that words shall be written out in full, but abbreviations, letters, figures and recognized characters may be used, whenever their use shall be convenient, and no error or mistake as to the name of the owner of any property shall be regarded as material in any proceedings under this act. SEC. 19. It shall require a two-thirds vote of the mem- bers elect of the City Council to determine, in the first instance, to make any improvement for which a special assessment may be levied, except in respect to sidewalks; when a majority vote shall suffice. 1 I 1 1 MINNEAPOLIS CITY CHARTER. 141 0 { LOCAL IMPROVEMENTS: ASSESSMENTS, Eto. CHAPTER Х. subsequently. But this restriction shall not apply to any subsequent Not necessary act of the Council touching such improvement, or the special assessment to provide means therefor. Improvements made by con- SEC. 20. Any improvements, the means to make or construct which may be raised by special assessment, tract, or city. may be performed by contract let in the ordinary way, or directly by the city, by the employment of labor and pur- chase of material, or in any other manner in which the City Council may deem proper in each particular case. And the City Council may, in its discretion, in any case, instead of causing the special assessment to be made entirely upon estimates, as hereinbefore provided for, wait until the letting of the contract for such improve- ment, or until such improvements shall be made, before determining and fixing upon the cost and expense of such improvement and appointing Commissioners to make the assessment. SEC. 21. The City Council may, at the time of order- ing any improvement for which any assessment may be made, determine whether to proceed at once with such improvement, or await the collection of such assessment. SEC. 22. In case any assessment for improvement is collected before the making of such improvement, the money so collected shall be kept separate from the funds of the city, and not devoted to any other purpose than such improvement; and as soon as a majority of the assessments for such improvement are paid, the City Council shall forthwith cause such improvement to be made. Conncil may await contract ment. before assess- Council may await collec- tion. Special assess- ment funds to be kept separ- ate. may be paid to SEC. 23. After any special assessment roll shall have Assessments been adopted by the City Council and before the same city treasurer. shall be delivered to the County Auditor for collection, any assessment thereon may be paid direct to the City Treasurer of said city; and upon the production of the City Treasurer's receipt therefor to the City Clerk, he In which event, shall enter upon such assessment roll, opposite the assess- cancelled. ment so paid, the words, "Paid to City Treasurer," which entry shall cancel the assessment so paid. Interest In case interest shall have been included in such assess- ment, so much of such interest as shall not have accrued deducted. on such assessment at the time of such payment, shall be deducted therefrom. 1 142 MINNEAPOLIS CITY CHARTER. CHAPTER X. Prior assess- ments not affected. Assessment lien to have priority. Improvements when. LOCAL IMPROVEMENTS: ASSESSMENts, Eto. SEC. 24. Nothing herein shall interrupt or interfere with any assessments which have been heretofore made, but the collection thereof shall go on according to the provisions of the charter of said city in force at the time of making such assessments. SEC. 25. No sale under execution, or other proceed- ings upon a judgment decree, foreclosure or lien, and no transfer or mortgage shall divest or affect the lien of any assessment, for any tax or for any improvements charge- able to or assessed against the property under this char- ter, although the confirmation of such assessment may be subsequent to the lien of such judgment decree or other lien, or to such transfer or mortgage. 126 SEC. 26. 126 No improvement, the cost of which is to be ordered, required to be made by special assessments, shall be ordered in any year later than the twentieth (20th) day of August of that year. County auditor to divide assessments. Exception. 127SEC. 27. 127 Whenever the City Council shall have adopted any assessment roll whereby it shall assess and levy any special assessment against the lots and parcels. of land abutting on any street, avenue, alley or other pub- lic ground in the city of Minneapolis, for the purpose of paying the cost of paving, repairing or macadamizing any street, lane or alley in said city, or any gutter or gutters along any such street, lane or alley, or for the purpose of laying or re-laying any curbstone along any such street, lane or alley, (but not including the side-walk proper on any such street, lane or alley) or to lay, re-lay or extend any sewer pipes in or through any such street, lane or alley, or other public grounds, or any portion thereof, and when such assessment roll shall have been delivered to the County Auditor of the County of Hennepin, as required in this chapter, said County Auditor shall divide each assessment for any such paving, re-paving or macadamizing, or for any such curb or gutter, stone or stones, or for laying, re-laying or extending any such sewer pipes or sewers, into five equal parts as nearly as the same can be divided, and shall in proper books, to be provided and kept by said Auditor of said Hennepin County, extend the same in proper columns in such man- Extending over ner that said assessment shall extend over five successive years, succeeding to the year in which said assessments shall have been so ordered-that is to say: Five equal parts. successive years. Į ! MINNEAPOLIS CITY CHARTER. 143 LOCAL IMPROVEMENTS: ASSESSMENTS, ETO. CHAPTER X ments, with 127Said assessments are to be paid in five equal annual Annual install- installments, with interest to be paid annually on each interest. one of said installments after the first installment, at the rate of five per centum per annum, and the owner or owners, or other person whose duty or right it may be to to pay such special assessments, shall have the right to either pay the same at any time after the first year's in- stallment becomes due, or they may pay the same in said owner. five annual installments, with interest on each one of said deferred installments, to be paid annually at the time of paying the installment due each year. Option of interest. 127 And the Auditor of said Hennepin County shall, at Auditor to add the time of so extending said special assessment on the tax list in such parallel columns for each year's installment, add to the amount of each installment, for each year after the first installment, interest on each installment remaining unpaid, at said rate of five per centum per an- Interest, how num on the whole of such unpaid installments; and said interest on the whole of said installments shall be paid each year at the same time and in the same manner that said installments are to be paid. paid. 1888. Certificate of Certificates to 127 The provisions of this section shall apply to all such To apply to special assessments made by said City Council during the assessments of year 1886, for improvements to be made during the year 1887; and the City Engineer of said city of Minneapolis, is hereby authorized to give certificates to any person or persons, who are charged with paying any such assess- ments so made in the year 1886, that said assessments were made on any particular lot or parcel of land for any city engineer. such improvements to be constructed during the year 1887, and that four-fifths of the same are to be deemed as deferred installments to be paid during the four follow- ing years immediately following the year 1887, under the provisions of this section; and the County Treasurer of be in lieu of Hennepin County shall receive such certificates and give credit for the same in lieu of cash for four-fifths of any such assessment made during said year 1886, for any of the improvements in this section provided for; and the City Engineer of said city shall keep a record of all the material parts of such certificates, and said City Engineer Record of shall cause a roll of such deferred payments so certified deferred pay- by him, to be prepared in the same manner as special assessment rolls are prepared, as near as may be, contain- ing all the material facts necessary, and send the same to the City Council of the city of Minneapolis; and when cash. ments. 144 MINNEAPOLIS CITY CHARTER. CHAPTER X. Roll of deferred pay- ments to be approved. Consent of all when. LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. said City Council shall have by motion approved the same, the City Clerk shall send the same to the Auditor of Hennepin County in the same manner that special assessment rolls are sent by said City Clerk to said County Auditor. 127 The application by the property owner for such cer- parties implied tificates, together with the receipt of the same by said Treasurer, and the adoption of said roll by said City Coun- cil, shall be taken as the consent of all parties to having the payment of said four-fifths of said special assessment for said purposes so assessed and levied by said City Council for the year 1886, for such improvements to be done in Improvements the year 1887, divided into four equal parts, one part to of 1886-7. County auditor to extend balances. be paid each year, for the four succeeding years succeed- ing the year 1887, and for the authority of the County Auditor to place and extend the same in the proper man- ner on the proper tax list books of said county. 127 And said County Auditor is hereby authorized and directed to so extend and place each respective balance of said special assessments so deferred upon said proper tax-lists in such manner that the same may be paid in four equal installments, one installment in each of the Per centum to four years succeeding the year 1887; but said Auditor shall add five per centum of the whole of each of said deferred payments to the payment to be paid in the year 1888, as the first year's interest on said deferred install- be added. Lien of city to remain intact. Rolls, when made and adopted, etc. Auditor's books how kept. ments. 127 And the lien of said deferred installments which attach to each respective lot or parcel of land before this act passed, shall remain intact the same as though this act had never been passed. 127Said rolls shall so be made up by said City Engineer and so sent to the City Council of said city on or before the first day of September, 1887, and the same shall be adopted by said City Council and so sent to the Auditor of said Hennepin County on or before the first day of October, 1887. 12 Said Auditor shall so keep said books that the Treasurer of said county can and shall at the times of the proper settlements with said city of Minneapolis, or with its proper City Treasurer or other officers, report the amount of the interest on said deferred installments sep- arately from the amounts of the installments paid in any year. : MINNEAPOLIS CITY CHARTER. 145 LOCAL IMPROVEMENTS: ASSESSMENTS, ETO. CHAPTER X. rer's receipts. When certifi- 127The County Treasurer of the county of Hennepin County treasu- whenever he shall receive any such City Engineer's cer- tificate, in lieu of money, in the payment of such special assessment taxes so levied and assessed in the year 1886, shall stamp or print upon the receipt which he gives for the taxes for the year 1887, the fact that four-fifths of the special assessment for paving, curb and gutter stones, or sewers, was not paid in money, but that the certificate of cates are used. the City Engineer of the city of Minneapolis was received for the same, because the payment of the same had been deferred to be paid in four equal annual installments, dur- ing the four years following 1887, under the provisions of this act; and shall give the number of said City Engineer's certificate. 127Any surplus which may be collected under any Surplus refunded, how. such special assessments over and above the actual cost of said improvement, which it is provided by the Charter shall be refunded to the property owner, shall be refunded out of said permanent improvement revolving fund. improvement fund. 128SEC. 28. There is hereby created a special fund to Permanent be called "The Permanent Improvement Revolving Fund," revolving to which shall be credited the principal sum of each of the installments of all special assessments assessed and levied by said City Council which are to be paid in five (5) equal annual installments, as provided in the next preceding section of this chapter, and all interest on said deferred installments of any such special assessments shall be credited to the sinking fund of said city to be invested the same as provided for the sinking fund of said city; and the Board of Sinking Fund Commissioners are hereby charged with the duty of investing, so far as practicable, any accumulations of money in said perma- nent improvement revolving fund not needed to carry on the operations to facilitate which the same has been hereby created. Investments to Sinking Fund be made by commissioners invested. 128 Should there at any time be an accumulation of Accumulations money in said permanent improvement revolving fund greater than the probable demands upon said fund dur- ing the two years next following, then it shall be the duty of the City Council to report such fact to the Board of Sinking Fund Commissioners who shall, as soon as practicable, invest the same substantially in the same manner that funds in said sinking fund are invested. 146 MINNEAPOLIS CITY CHARTER. CHAPTER X. Limitation of assessments for year. Not to affert ordering of work. Property owners may advance in excess of limit. Re-payment. Fund, how used. Not to be diverted. Proceeds of bonds. Assessment, collections.. Issue of bond authorized. LOCAL IMPROVEMEMENTS: ASSESSMENTS, Eto, 198The aggregate amount of special assessments which shall be made in any one year for sewers, paving and curb and gutter stones, as in the next preceding section pro- vided, shall not exceed the sum of four hundred thousand (400,000) dollars; but this limit shall not prevent said City Council from ordering work aggregating more than said sum of four hundred thousand (400,000) dollars in any one year. 128 Provided, That the abutting property owners desir- ing such improvements to be made shall advance and pay into the City Treasury of said city the cost of any such improvements over and above the amount of said sum of four hundred thousand (400,000) dollars and in such case the entire amount of such assessments so to be advanced by the abutting property owners, shall be so prepaid into said City Treasury to the credit of said per- manent improvement revolving fund. 128 There shall be paid each year out of said permanent improvement revolving fund, only the whole cost of all that portion of all such sewer, paving and curb and gutter improvements as are named in the next preceding section, the payment of which has been provided for by such special assessments against such abutting property, and said fund shall be diverted to no other purpose, except as in the last paragraph of section twenty-seven provided. 128 There shall be credited each year to said permanent improvement revolving fund sufficient sums of money received from the sales of the bonds in the next section provided for, which, with the installments of such special assessments received into such fund each year, shall be sufficient to pay for all of such improvements of sewers, pav- ing and curb and gutters as are named in the next preced- ing section and as are constructed during such year. 129SEC. 29. For the purpose of providing sufficient funds in said permanent improvement revolving fund at all times to defray the expenses of improvements pro- vided for in the two sections next preceding, the special assessments for which are to be paid in five (5) equal installments, with interest as therein provided, such spec- ial assessments being for sewers, paving and curb and gutter stones only, the City Council of the city of Min- neapolis is hereby authorized and required, in the man- ner, under the restrictions and for the purpose herein designated, to issue from time to time as needed, not to Į i 1 MINNEAPOLIS CITY CHARTER. 147 LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. CHAPTER X. $320,000 a year. exceed the sum of three hundred and twenty thousand Not exceeding (320,000) dollars in any one year of the bonds of said city in such denominations, at such time of payment not exceeding thirty (30) years, and such place of payment as may be deemed best by said City Council, such bonds to have semi-annual interest coupons at such rate of inter- est not exceeding four and one-half (4%) per cent per annum payable at such place or places as said City Council may deem best. Rate of interest. 129 Said City Council is further authorized to negotiate Sale of bonds. and sell such bonds from time to time upon the best terms for said city that may be obtained, provided that the same shall not be sold for less than par. 129 All proceedings as to the issuing of said bonds shall be Proceedings by by resolution of said City Council to be approved by the resolution. Mayor and published as provided by the charter of said city. 129 The proceeds of said bonds shall be paid into the Treasury of said city and credited to said permanent im- provement revolving fund. Proceeds to be credited to fund. Not to exceed limit. 129 Nothing herein contained shall authorize the issue. at any time of bonds to such an amount that the whole five per cent. amount of the principal of all bonds actually issued by said city at the time, together with the proposed issue, shall exceed five (5) per centum of the aggregate value of the taxable property of said city as assessed and deter- mined for the purposes of taxation. Not to affect 129This act shall not be considered as in any manner prohibiting or interfering with the issue of any and all other bonds bonds, the issue of which has heretofore been authorized. authorized. evidence of 129 The signing or countersigning of any bonds pur- Comptroller's porting to be issued under authority of this act by the signature City Comptroller of said city, in respect to all such bonds compliance. held by bona fide owners, shall be deemed conclusive evidence that the limitations of this section have been observed and complied with. installment improvements. 129 The proceeds of said bonds shall never be used for Proceeds for any other purpose than for the purpose of advancing the money to pay for sewers, pavements, (not including side- walks proper) and curb and gutter stones, the special assessments for which have been made and the same are to be paid on yearly installments as named in the two next preceeding sections of this chapter. 129 Not to exceed one million dollars million dollars shall be issued Issue limited under this act. to $1,000,000. 148 MINNEAPOLIS CITY CHARTER. CHAPTER X. When city's right to enter land, etc., is questioned. Notice of LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. 130*SEC. 30. 130 Whenever the city of Minneapolis shall have made or caused to be made, erected, constructed or laid on, across, through, in or upon any land or real estate to which said City Council has not the title, or the right to enter upon the same for the purpose of so making, erecting, constructing or laying any water main, sewer, building, structure, intake pipe, dam, improvement, improvement. pavement, sidewalk, curb-stone, gutter or other public work, improvement, structure or street grade, the City Council shall have the right at any time in any suit in which the title to said real estate or land, or the right of said city to so be thereon for said purposes is called in question, said city may by answer admit and allege the taking of the claimant's land or other real estate for pub- lic purposes, and that no compensation has been made for such taking and that said city of Minneapolis is ready and willing to pay such compensation on having the same assessed and ascertained in the manner in this chapter provided, provided the claimant on the trial shall estab- lish his right to recover the land or other real estate in establish right. question, and in such case the Court shall first determine whether the claimant is entitled to recover the land or other real estate in controversy. City may tender com- pensation. Claimant to When owner consented not entitled to rents, etc. Powers of court. City engineer to request descriptions.. Descriptions of lots, etc. } 130 Provided, That when it shall appear that the land, or other real estate was so taken or appropriated by and with the consent or acquiescence of the owner, such owner shall not be entitled to recover any rents or profits which accrued prior to demand for compensation for sueh land or other real estate, and he shall be limited to a recovery in such case, to compensation for the land taken and damages. 130 And the Court shall have power to make all neces- sary orders and render all necessary judgments to carry out the provision of this section. 131 SEC. 31. 181 Whenever the City Council shall order any improvements or work which are to be paid for by special assessments on the abutting property, the City Engineer of the City of Minneapolis shall make a written request of the County Auditor of Hennepin County for a *Erroneously numbered "Sec. 27" in act approved March 5, 1887. See Special Laws, chapter 15, sec. 7. +Erroneously numbered "Sec. 28" in act approved March 5, 1887. See Special Laws, chapter 15, section 7. ! MINNEAPOLIS CITY CHARTER. 149 LOCAL IMPROVEMENTS: ASSESSMENTS, ETC. CHAPTER X. lots, etc. list of the descriptions of lots or other parcels and blocks Description of or other divisions of real estate or land lying upon or along the streets, lanes, alleys, avenues or other public grounds on which said improvements are to be made, together Names of with the names of the respective owners of each of said lot owners. or parcel of land or real estate so far as they can be ascer- tained by said Auditor from the records of his office. 181 And said City Engineer may accompany such request Engineer to with such plats or other information as may be necessary furnish plats. to enable such Auditor readily and accurately to make such list. 131 Upon the receipt of such request said County Audi- County auditor tor shall promptly make and return to said Engineer such to furnish list of descriptions and owners' names called for. descriptions. List and books. auditor's 181 For making such list, and for keeping all of the books which may be required of said Auditor under the various special assessment plans which have now or may hereafter be adopted by the City Council of the city of Minneapolis, which shall include every kind of entry, whether ordered or requested by said City Council or any Court, and which shall include all records of cancella- tions, re-assessments and re-entering on the tax list the balance of the assessments made in the year 1886 and not Compensation paid in the year 1887, said city shall pay said County Auditor the sum of five (5) cents for each entry of a spec- ial assessment entered by him upon the tax list of the county, the same to be payable upon the completion of the tax list for each year. of auditor. * 150 MINNEAPOLIS CITY CHARTER. CHAPTER XI. MISCELLANEOUS PROVISIONS. Legal successor of former cities. Indebtedness and obliga- tions. Ordinances to remain in force. SECTION. 1. City Legal Successor of Former Cities of St. Anthony and Minne- apolis.-Public Property, Indebt- edness, etc. 2. Ordinances and Resolutions Remain in Force.-Exceptions.-Official Books and Pamphlets.-City Clerk's Certificate. 3. Compilation of Ordinances.-Copies Sold or Exchanged. 4. Actions Where City a Party.-Inhab- itants Not Incompetent. 5. State Laws, How Construed as Re- pealing Charter Provisions, etc. 6. Actions Against City.-Service of Process. 7. Actions Brought in Name of the City, when. 8. Warrant Necessary in Prosecutions. when. Municipal Court Process in Name of State. I. SECTION. 9. Municipal Court.-Punishment of Offenders.--Where to be Impris- oned. 10. Board and Jail Fees.- Not Paid by City in State Cases.-Commitment Fees. 11. Penalties and Judgments, How Remitted or Discharged.-New Trial, Reversing of Judgment, Suspending Sentence, etc. 12. City Property, Not to be Sold, or Ap- propriated, when. 13. Proposals for Advertising.-Official Paper, How Declared.-Discretion- ary Power of Council, Bond, etc. 14. Official Publications.-Affidavits of Publication, and effect of. 15. Proposals for Job Printing.-Con- tract, How Awarded.-Bond, etc. 16-17. [See Note.] SECTION 1. The city of Minneapolis is hereby declared to be the legal successor of the former cities of St. An- thony and Minneapolis. All public property, except property used for educational purposes, within the limits of said city, shall belong to said city of Minneapolis, and all indebtedness and obligations of the former city of St. Authony, and former city of Minneapolis and of the former divisions of the present city of Minneapolis, shall, together with all interest accrued or to accrue thereon, be assumed and paid by the city of Minneapolis. SEC. 2. All ordinances and resolutions heretofore made and established by the City Council of the city of St. Anthony or by the Common Council or City Council of the city of Minneapolis, and not inconsistent with the pro- visions of this act, shall remain in force except as altered, modified or repealed by the City Council of the city of Minneapolis. 1 1 MINNEAPOLIS CITY CHARTER. 151 1 MISCELLANEOUS PROVISIONS. CHAPTER XI. Books and pamphlets And all books and pamphlets published, or which may Authorized be published, purporting upon their title page to be pub- ordinances,etc. lished by the authority, order or direction of the City Council, and purporting to contain the ordinances of said city, standing rules and orders of said City Coun- cil, or either, are hereby declared to be competent and prima facie evidence of the contents of such ordinances, prima facie standing rules and orders of any resolutions or other mat- ters purporting to be the act of said City Council, which may be found printed therein, and of the due and legal adoption, approval and publication thereof. evidence. cate of "true And the certificate of the City Clerk that any printed Clerk's certifi- slip of paper to which such certificate may be attached, copy" contains or is a true copy of any ordinance, resolution, proceeding of the City Council or other paper, the origi- nal of which is presumably in the possession of said City Clerk, shall constitute such printed slip or paper compe- Competent evi- tent and prima facie evidence of the contents and purport dence. of the ordinance, resolution, proceeding of the City Coun- cil or other paper, and of the legal passage, adoption, ap- proval and publication thereof. SEC. 3. The City Council may from time to time pro- Compilation of vide for the compilation and publication of the ordinances ordinances. of the city, and such resolutions as may be designated, and for the distribution or sale of copies of such compila- tion in its discretion, and may also provide for exchange Sale and of such printed compilations for similar publications of or other cities. SEC. 4. No person shall be an incompetent judge, jus- tice, witness or juror, by reason of his being an inhabi- tant of said city, in any proceeding or action in which the city shall be a party in interest. SEC. 5. No law of the State contravening the provi- sions of this act shall be considered as repealing, amend- ing or modifying the same, unless such purpose be ex- pressly set forth in such law. SEC. 6. When any suit or action shall be commenced against said city, the service thereof may be made by leaving a copy of the process by the proper officer with the Mayor, and it shall be the duty of the Mayor forth- exchange. Inhabitants tent when city a party. not incompe- Charter provi- sions not modified, unless express- ly stated. Action against it, service, city, eto." 152 MINNEAPOLIS CITY CHARTER. CHAPTER XI. Council to be notified. Actions in name of city. Violation of charter, ordi- nances, etc- Warrant No warrant necessary when person caught offending. Process in name of State,. MISCELLANEOUS PROVISIONS. with to inform the City Council thereof, or to take such other proceedings as by the ordinances or resolutions of said Council may have been in such case provided. SEC. 7. 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. 8. In all prosecutions for any violation of this act, or of any by-law or ordinance of the city of Minneapolis, the first process shall be by warrant. 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 or ordinance of the city of Minneapolis, but the person or persons so arrested may be proceeded against, tried, convicted, punished, or discharged, in the same manner as if arrested by warrant. All processes issued by the Municipal Court for viola- How directed tion of any ordinance or by-laws of the said city, shall run in the name of the State of Minnesota, and shall be directed to the Chief of Police or any police officer of the said city. Penalty or fine in Municipal court. SEC. 9. In all cases of imposition of penalty or fine, or the rendering of a judgment by the Municipal Court of said city, pursuant to any statute of the State of Minnesota, or pursuant to any ordinance or by-law of the said city of Minneapolis, as a punishment for any offense, or for the Commitments, violation of any by-law or ordinance as aforesaid, the city prison or county jail. Limit of penalty. Imprisonment pending trial. City not liable offender shall be forthwith committed to the city prison of said city, or if there be no city prison, to the common jail of Hennepin county, and there be imprisoned for a term not exceeding three months, in the discretion of said Court, unless the said fine or penalty be sooner paid; and from the time of the arrest of any person or persons for any offense whatever, until the time of trial, the per- son or persons so arrested may be imprisoned in the city prison, or in case there be no such prison, in the common jail of Hennepin county. 132SEC. 10. The city of Minneapolis shall not be liable for board, etc., in any case for the board or jail fees of any person who may be committed by any officer or magistrate of the city to the jail of Hennepin county under the State laws. for statuary offences. MINNEAPOLIS CITY CHARTER. 153 1 MISCELLANEOUS PROVISIONS. CHAPTER XI for fees, when. 132 And shall not be liable to any jailor or other officer City not liable for any fee for the committing any person to the county jail or for the receiving any person so committed in any case where the warrant of commitment or other process is served or executed by a police officer of the city. SEC. II. No penalty or judgment recovered in favor Penalty, etc., of said city shall be remitted or discharged, except by a how remitted. vote of two-thirds of the members of the City Council: but nothing in this section shall be so construed as to pro- hibit the Judge of the Municipal Court from granting new Not to affect trials or reversing any judgment rendered by him accord- new trials, etc. ing to the usual precedure of courls, nor to prohibit said Court from suspending execution of sentence, in its discretion. not to be held, etc., when. SEC. 12. No city officer, or employe of the city, shall City property sell, dispose of, or convert to his own use, any city pro- perty in his charge,without special authority from the City Council. Official SEC. 13. The City Council shall at its first meeting in April of each year, or as soon thereafter as may be, cause advertising. the City Clerk to advertise in the official paper of the city, for one week, for sealed proposals for publishing in some daily newspaper, which shall have been printed, Daily published and of general circulation in said city at least newspaper. six months prior to the advertising for such proposals, the ordinances, official proceedings of the Council and other matters required in the charter or the ordinances and resolutions of the city to be published in a public newspaper, such proposals to state the price per inch for the first insertion and for each additional insertion of all matter so to be published; said proposals to be marked "Proposals for Advertising," and addressed to "The City Council," which proposals shall be opened at the next Contract, how meeting of the Council and the contract for such publish- awarded. ing awarded to such daily newspaper bidding the lowest therefor, which paper shall be declared the official paper of the city. Discretion of Provided, That in determining which is the lowest bid- der of the newspapers conforming thereto, regard may be council. had to the character and value thereof as a medium for advertising and for placing before the tax payers of said 154 MINNEAPOLIS CITY CHARTER. CHAPTER XI. the pan.e. MISCELLANEOUS PROVISIONS. When two bids city the matters herein provided to be advertised; and in case any two bids are the same, the Council may by vote select one of such papers. Maximum price, Rejection of bids. Written con- Provided, further, That if each and all of said proposals. fix a price exceeding thirty (30) cents per inch for any first or additional insertion of such matters, the Council may reject all such proposals, and adopt such other method of publishing such matter as it may, in its discre- tion, determine. Provided, further, That the proprietor or proprietors of tract and bond. such paper shall enter into a written contract for the per- formance of the duties required of such proprietor or publisher, and give bond in the sum of twenty-five hun- dred dollars, ($2,500) with two satisfactory sureties, to be approved by the Councii, conditioned for the faithful performance of such contract. Paper to be designated as official. Affidavits of publication. Conclusive evidence. Job printing. Proposals. The daily newspaper so designated shall be and remain the official paper of said city, and the contract and bond aforesaid shall remain in force, for the term designated, and until the City Council shall designate another paper as the official paper of the city. SEC. 14. The publisher or publishers of said official paper, shall, immediately after the publication of any notice, ordinance or resolution, which by this act is re- quired to be published, file with the Clerk of the city a copy of such publication, with his or their affidavits, or the affidavit of his or their foreman, of the length of time the same has been published, and such affidavit shall be conclusive evidence of the publication of such notice, ordinance or resolution. SEC. 15. The City Council shall, at its first annual meeting in each year, or as soon thereafter as practicable, cause its City Clerk to advertise, in the same manner as hereinbefore prescribed in section thirteen (13), for sealed proposals for doing the job printing of said city; said bids to state the price per 1,000 ems for composition, the price per pound for paper and the price per token for press- work; which said bids shall be marked "Proposals for Job Contract, how Printing," and addressed to the City Council of the city of Minneapolis, and opened at its next meeting, and the contract awarded to the lowest responsible bidder. awarded. ! MINNEAPOLIS CITY CHARTER. 155 MISCELLANEOUS PROVISIONS. CHAPTER XI. tract and bond. Provided, always, That such lowest bidder shall enter Written con- into a written contract for the performance of such job printing, with like bond and sureties as specified in sec- tion thirteen (13) of this chapter, for the faithful per- formance of such contract. *SEC. 16. [Charter a Public Act.] *SEC. 17. [Act to take effect, etc,] *ctions 16 and 17 are so numbered in original act. Instead of being sections of chapter 11 of the charter, they should have been sections two and three of the act itself, and are so placed and numbered herein. See end of Charter. Misplaced sections. 156 MINNEAPOLIS CITY CHARTER. CHAPTER XII. LIBRARY BOARD. Library board. General powers. Detailed powers. Rules and regulations. SECTION. 1. The Library Board.-General and Special Powers. 2. Composition of Board.-Elections, Resignations, Vacancies, etc. 3. Duties of Judges of Election.-Re- turns and Canvass. 4. Oath of Offic9.-Officers of the Board.-Secretary and Treasurer to Furnish Bonds. 5. Duties of Officers.-Orders, How Drawn.-Depositories of Funds. 6. Tax Levy and Proceeds. -County Auditor's Duties. SECTION. 7. Real Estate, How Purchased and Sold.-Donations, Bequests, etc., How Accepted. 8. Annual Meeting.-Regular Special Meetings. and 9. Board May Associate With Inde- pendent Societies Owning Libra- ries, etc. 10. Libraries and Museumns to be For- ever Free.-Rules and Regula- tions. 11. First Directors -Temporary Organ- ization, How Effected. *[ENTIRE CHAPTER ADDED 1885.] 133 SECTION I. There is hereby created and established in and for the city of Minneapolis a Board, which shall be styled "The Library Board of the City of Minneapolis." Said Board shall have full power to establish and main- tain in the city of Minneapolis public libraries and read- ing rooms, galleries of art and museums for the use and benefit of the inhabitants of said city, and for the purpose of so doing it shall have the following powers, that is to say: It may adopt a common seal, and be capable of suing and being sued, and of taking by gift, grant, purchase, devise, bequest, or otherwise, any real or personal prop- erty, and of using, selling, controlling, conveying and enjoying the same, and of entering into, making, perform- ing and enforcing contracts. It may make and publish, from time to time, by-laws for its own guidance, rules and regulations for the govern- ment of its agents, servants and employes, and for the government and regulation of the libraries and other col- lections under its control. *See Chapter 3, Special Laws of 1885. ! MINNEAPOLIS CITY CHARTER. 157 LIBRARY Board. CHAPTER XII. hired or It may hire, or erect and maintain, as it shall deem best, Buildings, buildings suitable for the purposes contemplated by this erected. act; but it shall never erect any building upon land to which it has not the title in fee-simple. ǝmployes. It may appoint all necessary agents and employes, fix Agents and their compensation, and may remove such appointees. It shall have control of the expenditures of all moneys. collected by taxation or otherwise and placed to the credit of the library fund. Expenditures. And shall, in addition to the herein enumerated pow- Full power and ers, have full power and authority to undertake and per- authority. form every act necessary or proper to carry out the spirit and intent of this act. Composition of board. 133* SEC. 2. Said Library Board shall consist of the Mayor of the city of Minneapolis, the President of the Board of Education of the city of Minneapolis, the Presi- dent of the University of the State of Minnesota, who shall respectively be ex officio members thereof, and six (6) Elective other members, who shall be elected from time to time members. *as herein provided, by the legal voters of the city of Minneapolis, and who shall be resident and qualified electors of said city. 1886. 134 At the *annual city election, to be holden on the first Election in (1st) Tuesday of April, A. D. one thousand eight hundred and eighty-six (1886), there shall be elected two (2) Li- brary Directors for for the term of six (6) years, and thereafter there shall every second (2d) year be elected elections. two (2) Library Directors for the term of six (6) years from the *third (3d) Tuesday in April after their election. Subsequent 133*In case any Library Director shall die, resign, re- Vacancies. move from the district, or otherwise vacate his office more than one (1) year before the expiration of his term of office, a Library Director may be chosen, at the *annual election after such vacancy shall occur, to fill the place of the unexpired term of the Director so vacating. 133 SEC. 3. All elections for Library Directors shall be at the annual city election, as a part of such city election, and such Library Directors shall be voted for upon a sep- arate ballot, and a separate ballot box shall be provided *Annual elections abolished. See chapter 10, section 2, special laws of 1887, for amendment to and construction of this section. See also section 2, chapter 2, char- ter, page 22, ante. Library elected. directors how 158 MINNEAPOLIS CITY CHARTER. CHAPTER XII. box. LIBRARY Board. Separate ballot at each precinct, which shall be kept by the Judges to re- ceive the ballots of such persons as are entitled to vote for such Library Directors. Returns and canvass. Oath of office. Officers of the board. Bonds of secre- tary and treasurer. Conditions. Bonds to be filed. Duties of President. The Judges of Election shall make returns of the votes cast for Library Directors, and the City Council shall canvass the same as in the case of city officers, and the City Clerk shall forthwith notify the persons elected of their election; and in all matters not herein especially pro- vided for, touching such election, the rules provided for the election of city officers of said city shall apply. 138 SEC. 4. Every Library Director, before he shall enter upon the duties of his office, shall take, subscribe and file in the office of the City Clerk of said city, an oath or affirmation that he will support the constitution and laws of the State of Minnesota, and discharge the duties of his office to the best of his ability. The officers of the Library Board of the City of Minne- apolis shall consist of a President and Secretary, who shall be Library Directors. The City Treasurer shall be Treasurer of the Board, and the Comptroller shall per- form such duties in connection therewith as hereinafter prescribed. The Secretary of the Board and the City Treasurer of the city of Minneapolis shall each, before entering upon the duties of his office, execute and deliver to the Li- brary Board of the City of Minneapolis, a good and sufficient bond, payable to the Library Board of the City of Minneapolis, in such sum as shall be fixed upon by the Board, and with sureties who shall be freeholders of said city, and shall be approved by the Board, and who shall justify in the aggregate to double the amount of the bond, conditioned that the principal in the bond shall well and faithfully perform and discharge all the duties of his office, and pay and turn over to his succes- sor, or to whomsoever the Board may direct, all moneys and every valuable thing, which shall come into his hands by virtue of his office, belonging to said Board. Such bonds shall be filed for safe keeping with the City Comptroller of the city of Minneapolis. 133 SEC. 5. The President, or, in his absence, a Presi- dent pro tempore, shall preside at all meetings of the Board, and sign all orders on the Treasurer for all moneys MINNEAPOLIS CITY CHARTER. 159 LIBRARY Board. CHAPTER XII. President. voted to be paid, and shall perform all duties necessary Duties of for the transaction of the business of the Board, and which are usually performed by the President of a corporation. etc. The Secretary, or, in his absence, the Secretary pro Secretary to tempore, shall keep a full and fair record of all the proceed- keep record, ings of the Board at its meetings, and shall draw and at- test all orders drawn upon the Treasurer, and keep a record thereof, showing the date, number, amount, purpose for which drawn, and name of payee of each order separately. All such orders shall be made payable to the order of the payee therein named, and shall not be paid without his en- dorsement, either personally or by his authorized agent or attorney. Orders how drawn and paid. Other duties of The Secretary shall perform such other duties as are usually performed by such officer, or as may be directed secretary. by the Board, and shall draw no orders on the Treasurer except such as have been allowed by the Board, by a ma- jority vote of all its members, taken by ayes and nays, and entered on the record of the proceedings of the Board. Bonds and The City Comptroller shall keep the regular books of Duties of city account of the Board, in which he shall enter all indebted- comptroller. ness of such Board, and which shall at all times show the precise financial condition of said Board, the amount of bonds, orders or other evidences of indebtedness outstand- ing, and the redemption of the same when redeemed; and financial he shall countersign all bonds, orders or other evidences of indebtedness of said Board and keep an exact account thereof, showing to whom and for what purpose issued and the amount of each, and all moneys received or paid out by the City Treasurer on account of said Board. All claims allowed by the Board shall, before they are paid, be audited by the Comptroller. The City Treasurer shall receive and safely keep all moneys of the Board and pay the same only upon orders signed by the President and attested by the Secretary of the Board and countersigned by the Comptroller and properly indorsed by the payee, and shall keep full books, records and vouchers of all his transactions. accounts. audit claims. Comptroller to Duties of city treasurer. He shall deposit the moneys of said Board, as the Funds, how moneys of the city of Minneapolis, in any banks which deposited. shall be designated by the City Council of said city as depositories of funds of said city, and the funds, while so on deposit in such banks, shall, for all purposes con- 160 MINNEAPOLIS CITY CHARTER. CHAPTER XII. Funds, how recovered. Treasurer LIBRARY Board. nected with such deposit, be regarded as the money of the city of Minneapolis, and may be recovered as such by said city from said banks, and the sureties of such banks, upon the bonds which said bank shall execute to the said city, but when drawn or recovered from such banks shall be accounted for to its proper fund; and the Treasurer shall have the same exemption respecting such funds deposited in such banks as in respect to other funds of said city. The Secretary of the Board is hereby forbidden from be signed when signing or issuing any orders upon the Treasurer of said Board, except when there is money in the hands of the Treasurer to pay the same. exempt from liability. Orders not to fands exhaust- ed. Bonds, etc., when to be paid. Tax levy. Limited to The said Board shall never issue any bond or promis- sory note, certificate of indebtedness, or other obligation. for the payment of money, except the same shall be made to become due at a date not later than the first day of July then next ensuing, and then for no greater sum than can be paid, when due, out of the regular revenues of the Board, for the fiscal year in which such bond, note, cer- tificate or other obligation of indebtedness is issued. 133 SEC. 6. Said Library Board is hereby authorized and empowered to levy upon the taxable property of said city, in each and every year, such taxes as will raise suffi- cient sums of money as will be required during the suc- ceeding year for the establishment, maintenance and gov- ernment of the libraries and collections contemplated by this act, and for the payment of all other expenses prop- erly incidental to the same. Provided, That the aggregate annual levy of such taxes oe-half mill. shall never exceed in any one year one-half (3) of one (1) mill on the dollar upon the assessed valuation of said dis- Return of tax levy. Collection of tax. trict. The Board shall make return of its annual levy of taxes on or before the first (1st) day of November of every year to the County Auditor of the county of Hennepin, and such taxes shall be collected and the payment thereof enforced with and in like manner as State and county taxes are collected and the payment thereof en- forced; and when collected shall, together with all costs, interest and penalties collected thereon, be paid over by the County Treasurer to the City Treasurer of the city of Minneapolis as often as said County Treasurer is required to make settlement with said City Treasurer in respect to city taxes. MINNEAPOLIS CITY CHARTER. 161 LIBRARY Board. CHAPTER XII. board fails. Provided, however, That if for any reason said Board Tax levy when shall in any year fail to make return of its annual levy of taxes to the County Auditor by the time herein specified, that in such case the rate of taxation determined and fixed by the Board of Tax Levy of Hennepin county as the maximum rate which said Library Board shall levy for such year, shall be taken to be the rate of taxation de- termined upon by said Library Board for such year, and the County Auditor shall govern himself accordingly, and Duty of county any taxes which shall hereafter be extended upon the tax auditor. list of Hennepin county by the County Auditor of said county, based upon the action of the Board of Tax Levy, said Library Board having for any reason failed to make a return as herein provided, shall be and remain legal and valid. estate. 133 SEC. 7. Said Library Board may purchase real Purchase or estate for the purposes contemplated by this act, when- sale of real ever six (6) Library Directors shall vote to make such purchase, and the Board may also sell and convey any of its real estate, but only when five (5) of the Library Di- rectors shall vote to make such sale. how executed. In the case of sale of real estate by the Board the deed Conveyance, of conveyance thereof may be executed by the President and Secretary officially, having the seal of the Board affixed thereto. recorded. All votes under this section shall be by yeas and nays, Votes to be and recorded in the record of the proceedings of the Board. vest title in board. Any person desiring to make donations of money, per- Donors may sonal property, real estate, for any of the purposes herein contemplated, shall have the right to vest the title to the money, property or real estate so donated in the Board of Directors created under this act, to be held and con- trolled by such Board, when accepted, according to the terms of the deed, gift, devise or bequest of such prop- erty; and as to such property the Board shall be held and Board special considered to be special trustees. trustees. ing. 133 SEC. 8. The annual meeting of the Board, for the Annual meet- election of its officers for the year, shall always be on the third Tuesday in April, at such hour and place as the Board may by its rules appoint for its regular meetings; but vacancies may be filled whenever they shall happen Vacancies during the year, and officers shall hold until their suc- filled, when. cessors are elected and qualified, unless they cease to be eligible. 162 MINNEAPOLIS CITY CHARTER. CHAPTER XII. Regular and special meet- ings. Chance meet- ings legalized. Association with societies for kindred purposes. Libraries, etc., to be forever free. First board of directors. Designated elective mem- bers. Library Board, The regular meetings of the Board shall be fixed by its rules and laws. Special meetings may be called by the President or any two Library Directors, by written notice, stating the time, place and object of the meeting, to be served, personally or by mail, at least twenty-four (24) hours before such meeting. But whenever a majority of all the Directors are pres- ent at any meeting the same shall be a legal meeting at which any business which could come before a regular meeting may be transacted, irrespective of whether legal notice was given for such meeting or not. 183 SEC. 9. Said Library Board may enter into associ- ation with any independent society or other organization owning libraries, or museums, or existing for purposes kindred to those contemplated in this act, upon such terms and conditions as shall best promote the object for which said Board is created. 133 SEC. 10. All libraries and museums established under this act, and, so far as consistent with the preceding section, all collections in any manner under the charge of the Library Board herein established. shall be forever free to the inhabitants of the city of Minneapolis; always subject, however, to such reasonable rules and regula- tions as shall be necessary for their effective administration. 133 SEC. II. That Thomas Lowry, M. B. Koon, John Atwater, Sven Oftedal, T. B. Walker, E. M. Johnson, together with the Mayor of the city of Minneapolis, ex-officio, the President of the Board of Education of the city of Minneapolis, ex-officio, the President of the Uni- versity of the State of Minnesota, ex-officio, are hereby appointed and constituted the first Directors of the Li- brary Board of the city of Minneapolis, and the six (6) first above named shall be the elective members of said Board and shall hold office, two (2) for one (1) year, two (2) for three (3) years, and two (2) for five (5) years, from the third (3d) Tuesday in April next following the passage of this act; and at their first (1st) regular meet- ing shall cast lots for such respective terms. *See chapter 2 of Charter, page 22, and note to section 3 of this chapter. MINNEAPOLIS CITY CHARTER. 163 Library Board. CHAPTER XII. organization. The Library Board herein appointed shall meet at the Temporary office of the City Clerk of the said city of Minneapolis, on Saturday, the twenty first (21st) day of March, one thousand eight hundred and eighty-five (1885), or so soon thereafter as practicable, and may then and there effect a temporary organization, and attend to the trans- action of any business. ORGANIC ACT. - *SECTION TWO. Charter a This City Charter shall be a public act and need not be public act. pleaded or proved in any case. *SECTION THREE. ! effect. not modified. This act shall take effect and be in force from and after Act to take its passage; but nothing herein contained shall be con- strued as repealing or in anywise modifying any of the provisions of chapter three hundred and thirty-eight (338) Tax levy act of the Special Laws of eighteen hundred and seventy- nine (1879) being "An Act to create a Board of Tax Levy for the County of Hennepin, and define the powers and duties thereof," approved March 8, 1879. **Erroneously numbered "Seo. 16" and "Sec. 17," and inserted as part of chapter 11, in act approved March 8, 1881, Special Laws, chapter 76, section 1. See note at end of chapter 11, of Charter, ante. 1 164 MINNEAPOLIS CITY CHARTER. See General Laws for provisions restricting or extending powers of Board of Health and general powers and duties of officers, and in effect amending foregoing Charter. See, also, Municipal Court and Board Acts for General Powers and Du- ties of Officers therein named. MINNEAPOLIS CITY CHARTER. 165 AMENDMENTS TO CITY CHARTER FROM 1881 TO 1887, INCLUSIVE. The Note Numbers in the first column correspond with the small figures used for references in the Charter as printed herein, ante. See also "Summary of Legislative Acts Relative to the Cities of Minneapolis and St. Anthony," supra. Note Special Division of Charter. Approved. Chap. Sec. No. Laws. 1234 LO Chapter I-Sec. 2 Nov. 19 ex81 198 211 • • 2 Nov. 22 ex81 53 105 2 Feb. 27 1883 3 2 2 March 5 1885 2 2 3 ... March 2 1885 3 3. 6 7 Entire Chapter I. to read March 4 1887 10 1 • Chapter II. - Sec. 1 Feb. 27 1883 3 4-5 8 9 10 11 12 1 1 1 (inoperative). ... 2 5 Jan. 29 1885 38 March 5 1885 2 March 5 1887 12 March 5 1885 2 234+ 4. • March 5 1885 2 • 13 14 15 11 added.. Entire Chapter II. to read. Chapter III.-Sec. 1 Feb. 27 1883 3 March 4 1887 10 2 March 5 1885 2 16 4 March 5 1885 2 • • • 17 5 March 5 1885 2 • 18 19 20 21 5 6 8 9 • D March 5 1887 15 14 March 5 1885 2 Feb. 27 1883 3 March 5 1887 15 • 22 12 March 5 1887 15 13 J 23 13 March 5 1887 15 13 24 14 March 5 1887 15 25 15 March 5 1887 15 • 26 16 March 5 1887 15 • • • 27 17 March 5 1887 15 28 18. March 5 1887 15 29 19 March 5 1887 15 13 · · • 30 25 March 5 1885 2 10 • • • 31 27 Feb. 27 1883 3 32 33 34 27. 27 to read 29 March 5 1885 2 11 March 5 1887 14 • • • Nov. 17 1883 40 • 35 29 to read Feb. 27 1887 3 · 36 31 added. 37 31 Nov. 17 March 5 1881 40 1885 2│ 12 67∞HO7223 15 13 13 13 13 13 20-IIGI¦ 8. 9 8 1 9 1 166 MINNEAPOLIS CITY CHARTER. AMENDMENTS. : Note No. Division of Charter. 38 Chapter IV.-Sec. 2.. Approved. Laws. Special Chap. Sec. March 5 ex81 2 13 39 40 41 42 43 44 45 46 47 48 49 50 51 Sec. 5.-Subd. 1 • Feb. 27 1883 3 10 53 54 55 56 52 1 1 5 7 7 21. • 25 repealed. 27.. 27 27 29 repealed. 35 39 added. 40 added.... 41 added.. 42 added.... 43 added... March 5 ex81 2 14 Feb. 28 1885 13 2 • • March 5 1885 12 3 Feb. 27 1883 3 11 March 5 1885 14 March 5 1887 2 14 March 5 1887 9 1 Feb. 27 1883 3 12 • March 5 1887 15 10 March 5 1887 12 2 Feb. 19 1887 17 1 March 5 1887 15 11 • • Feb. 27 1883 3 13 · Feb. 27 1883 3 13 Feb. 27 1883 3 13 • Feb. 27 1883 3 13 March 5 1885 2 14 • 57 44 added.. March 5 1885 2 14 58 45 added.. March 5 1885 14 59 46 added.. March 5 1885 2 14 60 46 [?]. March 5 1887 15 16 61 47 added.. March 9 1885 6 1 • • 62 48 added.. March 5 1887 15 16 · 63 49 added.. March 5 1887 15 17 • • 64 65 66 a 66 Section 7 9 14 14 • March 5 1887 15 9 • March 5 1885 2 15 } Feb. 26 1885 4 1 March 2 1885 16 67 • 14 March 5 1887 15 3 68 69 17 added Chapter V.-Sec. 1-to read. March 5 1885 19 • Feb. 27 1883 14 70 71 2 3 Feb. 27 1883 3 15 • Feb. 27 1883 3 15 } 72 73 6 7 Feb. 27 1883 3 15 March 5 1887 15 18 · • • • 74 10 March 5 1887 15 4 75 16 March 5 1887 15 4 76 17 March 5 1885 2 17 77 21 Nov. 4 ex81 39 1 78 22 March 5 1885 2 18 79 35 [see note] March 2 1887 16 1 • • 80 81 82 Chapter VI-Sec. 6.... -Sec. 35 [no such section]. Entire Chapter VI to read. F. b. 27 1883 3 16 • • • March 2 1887 16 1 1 March 5 1887 9 83 Chapter VII- Sec. 4.. Feb. 26 1885 4 2 84 Chapter VIII-Sec. 1. March 5 1885 20 85 2 March 7 1885 5 1 • • 86 5 to read.. March 5 1887 15 15 87 88 89 6 6 10. • Nov. 12 ex81 41 1-2 Feb. 27 1883 3 16 March 5 1885 2 21 • MINNEAPOLIS CITY CHARTER. 167 AMENDMENTS. Note No. Division of Charter. Approved. Special Laws. Chap. Sec. 小 ​90 Chapter VIII-Sec 17 March 5 1885 91 23 to read March 5 1885 92 25 added.. March 5 1887 15 • 93 Chapter IX-Sec. 2. March 5 1887 15 2205 22 23 5 6 94 3 • Feb. 27 1883 3 17 95 4 Feb. 27 1883 3 18 96 5 to read Feb. 27 1883 3 20 97 98 5 6 Feb. 26 1885 3 March 5 1885 24 99 7 Feb. 22 1883 7 1 100 7 • • Feb. 27 1885 • 4 101 7 March 3 1887 23 1-2 102 7 • March 5 1887 15 8 103 8 Feb. 26 1885 4 5 104 8 March 3 1887 23 1-2 105 9 Feb. 26 1885 4 • . 6 106 9 • • · Feb. 26 1885 11 107 9 March 3 1887 23 • 1-2 108 10 Feb. 26 1885 2 109 10 March 3 1887 23 • • 1-2 • 110 11 Feb. 26 1885 2 · 111 11 March 3 1887 23 1-7 112 12 March 3 1887 23 1-2 113 13. March 3 1887 23 1-8 114 14 March 3 1887 23 1-2 • 115 15 Feb. 26 1885 4 10 • 116 16 [17] added Feb. 26 1885 4 12 • 117 Chapter X-Sec. 1 Feb. 26 1885 13 118 4 March 5 1887 15 7 119 5 March 5 1885 120 5 March 5 1887 • • • • · 121 6 March 5 1885 122 7 March 5 1885 123 8 Feb. 27 1883 124 13 March 5 1885 ► 125 15 March 5 1885 2222322 25 12 26 27 19 28 29 • • • 126 26 added March 5 1885 2 30 127 27 added Feb. 22 1887 11 2 128 28 added Feb. 22 1887 11 2 129 29 added Feb. 22 1887 11 2 130 131 132 133 134 • 30 [27] added 31 [28] added Chapter XI-Sec. 10. Chapter XII— added -Sec. 2... March 5 1887 15 7 • March 5 1887 15 7 • Feb. 27 1883 3 21 March 2 1885 3 March 4 1887 10 Index to City Charter, etc., at end of "Minneapolis City Ordinances." PART II. COURT ACTS. I. MUNICIPAL COURT. II. STENOGRAPHIC REPORTER. III. JUSTICES OF THE PEACE. MUNICIPAL COURT. An Act to Establish a Municipal Court in the City of Minneapolis. SECTION. [Approved Feb. 13, 1874; as Amended to March 2, 1887, inclusive.] 1. Jurisdiction.-No Jurisdiction, when. -Laws of General Nature. 2. Municipal Judge. Term.-Vacancy. Election and 3. Judicial Qualifications and Powers. -Special Judge. 4. Clerk. Appointment, Bond and Oath. 5. Civil and Criminal Powers. - Process and Forms. 6. Court, When and Where Held.-May Actin Summary Manner.-Record. 7. Duties and Powers of Clerk.-Bar Association to Receive Certain Penalties.- Reports. Suspended Sentences.-Deputy Clerks. 8. Regular Terms.-Civil Actions.- Summons and Service.-Items of Account.-Police Officer, When to Serve Process.-Pleadings. - Se- curity for Costs.-Costs and Dis- bursements.-Taxation of Costs. 9. Attachment.-Form of Writ.-Ser- vice and Proceedings. 10. Replevin Proceedings.- Form of Writ. 11. Notice of Trial.-Notes of Issue.- Calendar. 12. Jury Trials. -Jurors, How Drawn. -Penalty for Neglect.-Special Venire. Compensation. — Jury Fee.-Waiver of Jury. C SECTION. 18. Supreme Court Reports.-Removal of Causes.-New Trials.-Forcible Entries and Unlawful Detainers.- Form of Writs. J 14. Judgment Liens, when. Tran- scripts.-Execution. 15. Garnishee Proceedings.-Summons and Garnishee Summons.-Dis- closure. 16. Clerk, a Conservator of the Peace.- Criminal Proceedings.-Arraign- ment and Plea.- Examinations.- Bastardy. 17. Salaries of Judges and Clerks.-Fees Collected.-Duties of Chief of Po- lice and Policemen Witness Fees.-Balances. 18. Mayor and Chief of Police to De- tail Policemen.-Court Officers. -Service of Process.-City to Re- ceive all Fees.-Exception. 19. District Judge to Act as Municipal Judge, when.-Transfer of Action, When Title to Real Estate In- volved. 20. City Attorney and County Attorney, When to Prosecute. 21. Books, Blanks, Stationery, Furni- ture, Light, Fuel, etc. 22. Justices of the Peace Superseded.- [See note.] 23. Act to Take Effect, when. The small figures used as reference marks herein, refer to table of amendments at end of act. lished. 1 SECTION I. 3 There shall be established in the City of Court estab- Minneapolis, in the county of Hennepin, a Municipal Court for the transaction of all business which may law- 204 MINNEAPOLIS COURT ACTS. of record. MUNICIPAL COURT. To be a court fully come before it. Said Court shall be a *Court of Record, and shall have a Clerk and a seal, and shall have jurisdiction to hear, try and determine civil actions at law, where the amount in controversy does not exceed Civil jurisdic- the sum of five hundred (500) dollars, excepting causes involving title to real estate. tion. Criminal juris- diotion. 3 It shall also have exclusive jurisdiction to hear all complaints and conduct all examinations and trials in criminal cases, arising or triable within the City of Min- neapolis, heretofore cognizable before a Justice of the Relative toJus- Peace, and also of fall civil actions and proceedings here- tices of the Peace No equity jur- isdiction. Powers same as district court. Laws of gen- eral nature to apply. Municipal judge, when elected. Term, etc. Vacancies. tofore cognizable before a Justice of the Peace, the de- fendant or garnishee in which resides within the limits of the City of Minneapolis. 3 It shall not have jurisdiction of actions for divorce, nor of any action where the relief asked for in the com- plaint is purely equitable in its nature. "Where no provision is otherwise made in this act, said Municipal Court is vested with all the powers which are possessed by the District Courts of the State, and all laws of a general nature apply to said Municipal Court, so far as the same can be made applicable, and not inconsistent with the provisions of this act, and the jurisdiction of said Court shall be co-extensive with the limits of said Hen- nepin county. #SEC. 2. 5 The qualified electors of the city of Minne- apolis shall, at the general city election, to be held on the first (1st) Tuesday in April, in the year one thousand eight. hundred and eighty-three (1883), and on the day of the Igeneral city election every sixth (6th) year thereafter, elect a suitable person with the qualifications hereinafter mentioned, to the office of Judge of said Municipal Court, to be called "Municipal Judge," who shall hold his office for the term of six (6) years, and until his successor shall be elected and qualified. "In case of any vacancy in the office of Municipal Judge, the Governor of the State of Minnesota shall appoint some qualified person to said office until the next fannual city election, when a Judges hall be elected for a full term of six (6) years. *See "An Act for the Appointment of a Short-Hand Reporter," etc., approved Feb. 28. 1887, supra. †See "An Act to Establish Justices of the Peace in the City of Minneapolis," ap- proved March 3, 1887, supra, as to apparent exclusive jurisdiction. ‡Annual elections abolished. See Chapter 1 of City Charter, as to election of officers. MINNEAPOLIS COURT ACTS. 205 MUNICIPAL COURT. ! of judge. SEC. 3. 10 The Judge of the Municipal Court shall Qualifications be a resident of the city of Minneapolis, a person learned in the law, and duly admitted to practice as an attorney in the courts of this State. Before entering upon the dnties of his office he shall take and subscribe an oath, as prescribed in the general statutes for judicial officers; To take oath. which oath shall be filed in the office of the City Clerk of said city. 10 He shall have the general powers of the Judges of General pow Courts of Record, and may administer oaths, take and cer- ers of judge. tify acknowledgments in all cases, and as a Conservator of the Peace, shall have all power and authority which is, or may hereafter be vested in Justices of the Peace or any other judicial officer. 1 and powers. 10 There shall be one Special Judge of said Municipal Special judge Court, whose manner of election, term of office, powers, duties and qualifications shall be the same as those of Municipal Judge. 10 And his successors shall be elected and vacancies in Successors, etc. his office filled in like manner. > 11SEC. 4. There shall be a Clerk of said Municipal Court, who shall be appointed by the Judge of said Court, with the advice and consent of the City Council of the city of Minneapolis, and the Judge shall have power to remove said Clerk at pleasure, or he may be removed by a two-thirds vote of the whole number of Aldermen elected to the City Council. Clerk, appoint- ment and removal. Oath and bond Such Clerk, before he enters upon the duties of his office, shall take and subscribe an oath to support the of clerk. constitution of the United States and of the State of Min- nesota, and to faithfully and honestly discharge and per- form the duties of his office, and shall execute to the city of Minneapolis a penal bond, in such sum and with such sureties as the City Council shall direct and approve, con- ditioned that he will account to and pay over to the Treas- urer of said city, on the first Monday of every month, all Conditions fines, penalties, fees and other moneys belonging to or to of bond. go to said city, which may have come into his hands during the month next preceding, and that he will at all times pay over to all other persons, on demand, all moneys to which they may be entitled, which may have come into his hands in virtue or by reason of his office, and that at the end of his term of office he will forthwith pay 206 MINNEAPOLIS COURT ACTS. MUNICIPAL COURT. conditions. Bond of clerk, over to the city of Minneapolis all moneys to which said city shall then be entitled, and to his successor in office all other moneys then remaining in his hands, and which shall have come into his hands in virtue or by reason of his office; ¹¹and that at the end of his term of office, he will forthwith pay over to the city of Minneapolis, all moneys to which said city shall then be entitled, and to his successor in office all other moneys then remaining in his hands, and which shall have come into his hands in virtue or by reason of his office. Filing. Court powers. Such oath and bond shall be filed in the office of the City Clerk of said city. SEC. 5. The Municipal Court, shall have full power and authority to issue all process, civil and criminal, nec- essary or proper to carry into effect the jurisdiction given to it by law, and its judgments and other determinations. And it shall have and possess all the powers usually pos- sessed by Courts of Record at common law, subject to modifications of the statutes of this State applicable to Courts of Record, except that it shall not have jurisdic- No jurisdiction tion to issue writs of habeas corpus, quo warranto, ne ex- eat, mandamus, prohibition or injunction. Court of record. when. Process tested, how. Forms of process. All process shall be tested in the name of the Judge, and issued under the seal of the Court and signed by the Clerk, who shall be styled "Clerk of the Municipal Court." And the forms of process may be prescribed by the Court, by rule or otherwise, and any form so prescribed shall be valid and sufficient, and such forms may be changed by the Court from time to time. In the absence When no form of such prescribed forms, the forms of process in use either in Courts of Record in this State, or by Justices of the Peace, may be changed and adapted to_the_style of the Court and used at the discretion of the Court or Clerk. prescribed. 1 Process, how directed. Court held, where. Process may be directed for service "To any Police Officer of the City of Minneapolis, or to the Sheriff or any Constable of said county.' SEC. 6. The Municipal Court shall be held in the city of Minneapolis at some suitable place to be provided therefor by the City Council. 1 MINNEAPOLIS COURT ACTS. 207 MUNICIPAL Court. judge. Court open, Its Judge shall be the Chief Magistrate of the city, and Duties of shall see that the criminal laws of the State, and the or- dinances, laws, regulations and by-laws of said city, are observed and executed, and for that purpose shall open his Court every morning (Sundays and legal holidays ex- when. cepted) and proceed to hear and dispose of, in a sum- mary manner, all cases which shall be brought before him, by the police officers of the city or otherwise, either Summary with or without process, for violations of the criminal laws of this State, committed within the county of Hen- nepin, or of the ordinances, laws, regulations or by-laws of said city. proceedings. The Clerk of the Court shall keep a record of all pro- Records of pro- ceedings and enter all orders, judgments and sentences ceedings, etc. under the supervision of the Judge, and issue commit- · ments and executions, as well as other process. SEC. 7. 14The Clerk of the Municipal Court shall Duties of clerk. have the custody and care of all the books, papers and records of said Court; he shall be present at all trials, un- less absent from sickness, or with the consent of the Absence. Judge, and in case of his absence the Judge may appoint some person temporarily in his place. clerk. 15 The Clerk of said Municipal Court is hereby vested Powers of with all the powers and authority now possessed by Notaries Public and Clerks of the District Courts of this State in taking acknowledgments and administering oaths and affirmations and swearing witnesses. records. 14 He shall keep minutes of all proceedings, and enter Minutes and all judgments, and make up and keep the records of the Court, under the direction of the Judge. costs. 14 He shall tax all costs and disbursements allowed in Taxation of any action, subject to review by the Judge, and do all other things and acts necessary or proper to the enforcing and carrying out of the jurisdiction of the Municipal Court. Finances and accounts. 14 He shall receive all fines, penalties and fees of every kind accruing to the Court or any officer thereof, includ- ing police officers, and including also witness fees in crim- inal cases, and keep full, accurate and detailed accounts of the same, and shall, on the first Monday of every Monthly month deliver over to the City Treasurer of the city of reports. Minneapolis all moneys so received, or proper vouchers therefor, as herein provided, with detailed accounts thereof, and take his receipt therefor. 1 208 MINNEAPOLIS COURT ACTS. 1 Forfeited bail, etc. Law library. Judges to have access to. Monthly reports of commitments. MUNICIPAL Court. 14 But all penalties collected for the forfeiture of any bond, recognizance or bail given in said Court shall be paid to the Minneapolis Bar Association, to be applied to the support of the Law Library of said Association, and the receipt of the Treasurer of said Association to said Clerk shall be a sufficient voucher for such sums so paid. 14 Provided, That the said Minneapolis Bar Association shall by proper action grant the free use of its library, and the books therein, to any and all Judges of the Courts of Record of the State of Minnesota. 14 The Clerk of said Municipal Court shall also make detailed monthly reports of all persons who are committed to the county jail of the county of Hennepin under sen- tence of said Municipal Court, and of all who are com- mitted in default of bail to await the action of the grand jury, which reports as to all persons convicted of an offense under the State laws, and as to all committed in To anditor and default of bail, shall be made to the County Auditor of comptroller. Nature of reports. Prisoners released, how. On written orders, only. Hennepin county, and as to all persons convicted of an offense under the ordinances of said city, shall be made to the City Comptroller of said city, and shall in each case be made on the first (1st) day of each month, or on the second (2d) if the first (1st) day comes on Sunday or on a legal holiday, and shall show the name of every person committed during the previous month and since the last report, the nature and cause of the commitment, the length of time for which committed, the offense for which committed, the date of commitment in each case, and whether committed by virtue of a prosecution under the State laws or under the ordinances of said city, and shall also show the names of all persons discharged from said jail since the last report by order of said Municipal Court, the cause of such discharge and the date thereof. 14In all cases where the Judge of said Municipal Court remits a fine or suspends a sentence after commitment to the county jail, and in all cases where a person committed to said jail secures his release by the payment of a fine in default of which he was committed, the person imprisoned shall not be released except upon the order of said Mu- nicipal Court and the presentation to the Sheriff of said county or to the Jailor a written transcript of said order, authenticated by the Clerk of said Court under its seal, which transcript, in the case of a payment of a fine, shall not be issued or given until the actual payment to the Clerk of said Municipal Court of the amount of the fine so paid. MINNEAPOLIS COURT ACTS. 209 MUNICIPAL COURT. } of sheriff. 14 The Sheriff of said county shall be held strictly ac- Responsibility countable for a breach of official duty if in any of the cases above named a prisoner be released without the presentation of the written evidence above required. 14 The Clerk of said Court may, when authorized so to Deputy clerks. do by the City Council of the City of Minneapolis, if in their discretion they deem the appointment necessary, with the sanction of the Judge of said Court, appoint one or more Deputy Clerks of said Municipal Court, for whose acts the said Clerk of said Court shall be responsible, and said Deputy or Deputies shall be appointed under the hand of said Clerk and seal of said Court, with the sanc- tion of said Judge, endorsed on the back of such appoint- How appointed ment; and before any Deputy Clerk of said Court shall enter upon the duties of his office he shall take and sub- scribe the same oath prescribed and required to be taken by the Clerk of said Court, and execute a bond, to be ap- proved by said Clerk, which oath, together with the ap- pointment of said Deputy Clerk and such bond, shall be filed in the office of the City Clerk of said City of Minne- apolis, and the Clerk of said Court or the Judge thereof may at any time remove any deputy appointed under the provisions of this act. Oath and bond. act as attorneys 14 The said Clerk of the Municipal Court and any Clerks not to Deputy Clerk shall not act as an attorney in any case in said Court. deputy clerks. 14 The Deputy Clerks appointed under the provisions Powers of of this act may administer oaths, take acknowledgments and perform all the duties pertaining to the office of Clerk of said Municipal Court. terms. SEO. 8. 19The Municipal Court shall hold regular Regular civil terms for the trial of civil actions on the first (1st) and third (3d) Tuesday of every month, 2° except during the months of July and August, which terms shall continue. from day to day with such adjournment as to the court may seem proper, until the business of each term shall be Special terms. finished; and the Court may, by rule or order, appoint such terms to be held oftener or upon other days than the days above mentioned. Civil actions- The service. 19 Civil actions'in said Court shall be commenced by summons and the service of a summons as hereinafter provided. summons must be subscribed by the plaintiff, or his attor- ney, and directed to the defendant, requiring him to 210 MINNEAPOLIS COURT ACTS. \ MUNICIPAL COURT. served. Answer, when answer the complaint and serve a copy of his answer on the person whose name is subscribed to the summons, at a place within the State therein specified, in which there is a post office, within ten (10) days after the service of the summons, exclusive of the day of service. Items of account not pleaded. Copy of account. Bill of particulars. Proceedings same as in district court. Exception. Police Officer not to serve 2ºIt shall not be necessary for a party to set forth in a pleading in any civil action in said Court the items of an account therein alleged; but he shall deliver to the adverse party within five (5) days after a demand there- for in writing, a copy of the account verified by his own oath, or that of his agent or attorney if within the personal knowledge of said agent or attorney, to the effect that he believes it to be true, or he be precluded from giving evidence thereof. The Court or Judge thereof may order a further or more particular bill. 19 The notice to be contained in the summons, the man- ner of service of summons, pleadings, notices and appear- ances, shall be the same as that required by law in the District Courts of the State, and the provisions of title one (1), two (2), three (3), five (5), six (6), seven (7), eight (8), nine (9), ten (10), thirteen (13), fourteen (14), fifteen (15), sixteen (16), seventeen (17), eighteen (18), nineteen (19), twenty (20), twenty-one (21), twenty-two (22), and twenty-three (23) of chapter sixty-six (66), general statutes of one thousand eight hundred and seventy-eight (1878), so far as the same may be applic- able, except that the time for demurrer and reply shall be ten (10) days, and except as the same may be modified, changed or altered by this act, shall apply to said Muni- cipal Court. 19 No Police Officer of said city shall serve or attempt process, when, to serve any summons, process or paper in any civil action in said Court, unless the complaint in such action shall have been previously filed with the Clerk of said Court, and in any case wherein such complaint is so filed, the said Clerk shall, when requested so to do, note, or indorse the fact of such filing upon the back of said summons or process. Service and return. 19 And whenever any such summons, process or paper in any civil action shall have been delivered to any Police Officer for service, he shall, as soon as practicable there- after, make proper return to said Clerk, whether said summons, process or paper shall have been served or not, and if not served the reason therefor. I і MINNEAPOLIS COURT ACTS. 211 MUNICIPAL COURT. district courts. 19 The pleadings in civil actions in said Court shall be Pleadings as in the same as in the District Courts of the State, subject to such modifications as the Court may by rule prescribe. opened, how. 19 And the Court may, for good cause, in its discretion, Default and on such terms as it may deem equitable, open any default at the same term at which it occurred, or within the term next following thereafter, or allow any amend- ment of any pleading at any time, and shall disregard ices, etc. variances between the allegations of a pleading and the evidence, unless satisfied that the adverse party is preju- diced thereby. Amendments, 19 Said Court shall also have authority to provide by Security for rule, that the plaintiff in any civil action shall by bond, costs. recognizance, or deposit of money with the Clerk, give security for costs in such sum as the Court may designate by such rule, before any summons or other process shall issue in the action. 19 Costs are allowed the prevailing party in actions Allowance of commenced in said Municipal Court, as follows: costs. 19 To the plaintiff, upon a judgment in his favor 20 when the action To plaintiff. is brought to recover compensation for manual labor or services, five (5) dollars. 19 In all other cases, to the plaintiff upon a judgment in his favor, upon To plaintiff. a trial upon the merits, when the amount thereof, or value of personal property recovered, exclusive of costs and disbursements, exceeds fifty dollars ($50) and is less than one hundred dollars ($100), five dol- lars ($5). 19 To the defendant, when judgment is rendered in his favor on the merits, after trial of an issue of fact, when the amount claimed in the complaint, or value of personal property in replevin, is less than one hundred dollars ($100), five dollars ($5). To defendant. 19 To the plaintiff, upon a judgment in his favor of one hundred To plaintiff. dollars ($100) or more, or in actions of replevin, when the value of the property is one hundred dollars ($100) or more, when no issue of fact or law is joined, five dollars ($5); when an issue is joined, ten dollars (10). 19 To the defendant, when the amount claimed in the complaint is To defendant. one hundred dollars ($100) or more, upon discontinuance or dismissal, five dollars ($5); when judgment is rendered in his favor on the merits, ten dollars ($10). costs. 19 Costs and disbursements shall be taxed and allowed Taxations of in the first (1st) instance by the Clerk upon two (2) days' notice by either party, and inserted in the entry of [the] judgment. 212 MINNEAPOLIS COURT ACTS. Disbursements Objections and appeals. Attachment. Bond and limit. Writ. MUNICIPAL COURT. 19 The disbursements shall be stated in detail, and ver- ified by affidavit, which shall be filed. The party objecting to any item shall specify in writing the ground of objection; and the same, in case of appeal, shall be certified to the Court by the Clerk, and the appeal shall be heard and determined upon the objections so certified, and none other. ††SEC. 9. 2¹Any creditor desiring to proceed by attach- ment in said Court, may, at the time of commencing the action, or thereafter, and while said action is still pending, by himself, his agent or attorney, make and file with the Clerk an affidavit similar to the affidavit required by law in an application for a writ of attachment in 22the District Courts of the State, or in Justices' Courts; and also cause to be filed a bond with sufficient surety to be approved by the Judge, and similar to the bond required on a like application in 22 the District Courts of the State, or in Justices' Courts, except that the limit of liability thereon shall be mentioned therein as "not exceeding the sum of two hundred and fifty dollars." 21 The writ of attachment may be in form as follows: STATE OF MINNESOTA, CITY OF MINNEAPOLIS, MUNICIPAL COURT. COUNTY OF HENNEPIN. SS. Form of writ. The State of Minnesota, to any Police Officer of the city of Minneap- olis, or to the Sheriff or any Constable of said county: Other forms. Service and proceedings. You are hereby commanded to attach the goods, chattels, moneys, effects and credits of... .or so much thereof as • • shall be sufficient to satisfy the sum of. with interest and costs of suit, in whosesoever hands or possession the same may be found in said County of Hennepin, and so provide that the same may be subject to further proceedings as the law requires, and make due return of this writ. Witness the Honorable.. day of……….. [L. S.] Municipal Judge, this....... ...A. D. 188... Clerk of the Municipal Court. 21 Or the writ may be in any other form that the Court may by rule prescribe. 2¹In all other respects the service of the writ and other proceedings thereon shall be similar as near as may be to the service of such writ and proceedings in the Dis- trict Courts of the State or in Justice's Courts. MINNEAPOLIS COURT ACTS. 213 MUNICIPAL COURT. SEC. 10. 24When the object of an action is to recover Replevin. the possession of personal property, the plaintiff, his agent or attorney, shall make and file his complaint, in writing, together with an affidavit, similar to the affidavit required in the District Courts of the State, or in a Jus- tice's Court in a like action. 24The plaintiff, or some person in his behalf, shall exe- Bond and cute a bond, with sureties, to be approved by the Judge, conditions. conditioned similar to bonds in such actions in the Dis- trict Courts of the State, or in Justices' Courts, and file such bond. bond. 24 And an action may be maintained on such bond as Action on upon similar bonds filed in like action in the District Courts of the State, or in the Justices' Courts. 24 The Clerk shall thereupon issue the writ, which may be in form as follows: STATE OF MINNESOTA, COUNTY OF HENNEPIN. 88 Writ. CITY OF MINNEAPOLIS, Form of writ. MUNICIPAL COURT. The State of Minnesota, to any Police Officer of the city of Minneapo- lis, or to the Sheriff or any Constable of said county: Whereas .complains that become possessed of and [any] unjustly detains from... the said has .the following described goods and chat- els, that is to say:.... Therefore you are hereby commanded that you cause the same goods and chattels to be replevined without delay, or in case the de- fendant or some one in his behalf does not file a bond in this Court for the delivery of such property, as provided by law, approved by said Court within three (3) days from said taking, then deliver to said Witness the Honorable... day of... ....A. D. 188... [L. S.] Municipal Judge, this………. Clerk of the Municipal Court. SEC. II. 26 Notices of trials shall be served as in the Notice of trial, District Courts of the State, at least three (3) days etc. before the term, and notes of issue, as required in the District Courts of the State, shall be filed with the Clerk at least one (1) day before the term, subject to such modifications as the Court may by rule prescribe. 26 The Clerk of the Court shall, prior to each term of Calendar. the Court, make up a calendar of causes which will come up for trial, or for any disposition before the Court at such term, adopting such arrangement as the Judge may direct; and the Court shall direct the order of the trial, and other disposition of causes. 214 MINNEAPOLIS COURT ACTS. Jury trials. Jurors, how selected. month. MUNICIPAL COURT. SEC. 12. 80Trial by jury in the Municipal Court shall in all respects be conducted as in the District Courts of said State, and all laws of a general nature applicable to jury trials in said District Courts shall apply to said Municipal Court. 80 Jurors for said Municipal Court shall be provided and drawn, however, in the following manner, to-wit: The Mayor or President of the City Council of the city of Minneapolis, the City Clerk and presiding Judge of said Municipal Court, shall, on the second (2) Monday of February, May, August and November in each year, at the office of the City Clerk of said city, meet, and from the legal voters of said city select and designate, sixty- four (64) legal voters of said city, as the jurors of said To serve three Municipal Court, to serve therein when required and drawn, during the succeeding three (3) months, and until their successors are elected and certified; and shall thereupon certify said names so elected to the Clerk of said Municipal Court, who shall thereupon write said names upon separate ballots, and place the same in a wheel or box; and whenever a jury is required in said Court, shall thereupon, by lot, draw twenty (20) ballots, the persons named upon which shall, if practicable, be summoned to attend the trial of the cause wherein they were drawn; and the first (1st) twelve (12) so summoned and attending shall constitute the jury, unless some of said jurors shall be challenged or excused, in which case the Clerk shall consecutively call the remaining jurors so summoned and attending, until the panel so drawn shall be exhausted. Drawing of jury. Challenges,etc. Absent jurors. Penalty. Three series of jurors. Special venire. 3º If any person duly drawn and summoned to attend as a juror in said Court, neglects to so attend, without sufficient excuse, he shall pay a fine not exceeding thirty (30) dollars, which shall be imposed by the Court, and imprisonment until such fine is paid, not exceeding thirty (30) days. No talesman shall be summoned, or sit in any cause in said Court. 30 And the first (Ist) and second (2d) series of twenty (20) ballots, each so drawn, shall not be returned to said box or wheel until the third (3d) series shall have been drawn from said box. 80 'And, whenever deemed necessary, said Court shall have power to issue a special venire. MINNEAPOLIS COURT ACTS. 215 MUNICIPAL COURT. 0 3º The persons selected to serve as aforesaid, shall not 81be obliged to serve upon any other jury during the year in which they may have been selected. Jurors not to serve again same year. 81 Jurors so summoned and attending as aforesaid in Compensation said Municipal Court, in the trial of any action, shall be of jurors. entitled to like compensation as jurors in the District Court of Hennepin county, and shall be paid out of the county treasury of said county of Hennepin. 80 The Clerk of said Municipal Court shall deliver to Jurors' each juror a certificate for the number of days' attendance certificates. and service, and miles traveled for which he is entitled to receive compensation. 30 This certificate of the Clerk for service rendered as Auditor's such juror in the Municipal Court shall be filed with the warrants. County Auditor, who shall issue his warrant on the Treas- urer of the county for the amount due, which certificate shall be a proper and sufficient voucher for the issuance of such warrant. 3º And the party demanding a jury in any civil action Jury fee. shall be required to advance and pay to the Clerk of said Court, on the day when such action is set for trial, a jury fee of three (3) dollars, and unless such jury is de- manded, upon the calling of the calendar on the first Waiver of jury. (1st) day of the term at which the same is set for trial, it shall be considered to be, and the same shall be waived and said action be tried by the Court. 81 Any juror who has been regular summoned to attend Jurors be paid. in said Court and who shall actually attend said Court summoned to at the time named in such summons shall be entitled to his per diem and mileage whether he shall actually have been sworn as a juror or not. SEC. 13. Section four (4) of chapter twenty-seven Supreme (27) of the general statutes, relative to Reporter of the court reports. Supreme Court and the distribution of the Supreme Court Reports, shall apply to the Judge of said Municipal Court. 3 causes. ³ ³ And all causes may be removed from the said Mu- Removal of nicipal Court to the Supreme Court of the State of Min- nesota, in the same manner and upon like proceedings, and with like effect, as from District Court. Motion for new 84 Provided, however, That when a motion for a new trial is made upon the minutes of the Judge or upon the trial. minutes of the Stenographic Reporter where there is such 216 MINNEAPOLIS COURT ACTS. Motion for new trial. Forcible entries and unlawful detainers. General statutes to apply. For r of summons. No lien on real estate, when. Executions. MUNICIPAL COURT. a reporter, it may be heard at the term of Court next succeeding the term at which the trial is had, or the ver- dict or decision rendered. 88 And said Municipal Court shall have jurisdiction of actions of forcible entries and unlawful detainers and may fix return days for such actions on other than the regular return days of said Court, and chapter eighty- four (84) of the general statutes, relative to forcible en- tries and unlawful detainers, shall apply to said Munici- pal Court, and the summons issued by the Clerk in such actions may be in form as follows: STATE OF MINNESOTA, COUNTY OF HENNEPIN. } SS MUNICIPAL Court, CITY OF MINNEAPOLIS. The State of Minnesota, to any Police Officer of the city of Minne- apolis; to the Sheriff or any Constable of the county aforesaid: Whereas, of ..... .hath filed in the office of the Clerk of the above named Court a complaint against... .of the county of Hennepin, and State aforesaid, for that the said ..now does at • in said Hennepin county, wrongfully and unlawfully detain from the said.. complainant, the possession of the following described premises, lying and being.. the county of Hennepin aforesaid, viz.:. Wherefore ment against the said in complainant asks that he have judg- for the restitution of the premises hereinbefore described, according to law, and for the costs and disbursements of this action. Therefore, you are hereby commanded to summon the said .noon, then and there to make if to be fouud in said county, to appear before said Court, at the Municipal Court room, in the city of Minneapolis, in said county of Hennepin, on........day the... .day of.... A. D. 18 ...at at.. o'clock in the. answer to and defend against the... complainant afore- said, and further to be dealt with according to law, and make due re- turn to said Court of the summons with your doing thereon. Witness, the Honorable at the city of Minneapolis, this........day of year one thousand eight hundred and eighty. [L. 8.] • • .Municipal Judge, in the Clerk of the Municipal Court. SEC. 14. No judgment rendered in said Municipal Court shall attach as a lien upon real estate until trans- cript thereof shall be filed in the District Court, as here- inafter provided. But writs of execution thereon, in civil actions, may issue against the goods and chattels of the judgment debtor, returnable within thirty days, as in Justices' Courts. 1 MINNEAPOLIS COURT ACTS. 217 MUNICIPAL COURT. 1 judgment. Every person in whose favor a judgment is rendered in Transcripts of said Municipal Court, for an amount exceeding ten dol- lars besides costs, may, upon paying the fee therefor and all unpaid fees payable to the Clerk in such action, demand and shall receive from such Clerk, a transcript of such judgment duly certified, and may file the same in the office of the Clerk of the District Court of Hennepin To be filed in County, who shall file and docket the same, as in case of transcripts of judgments from Courts of Justices of the Peace. And every such judgment shall become a lien on the real estate of the debtor, from the filing of such transcript, to the same extent as a judgment of the said District Court, and shall thereafter be exclusively under the con- trol of said District Court, and carried into execution by its process, as if rendered in said District Court. district court. Judgment, when lien on real estate. when. The Clerk of said Municipal Court shall not issue such Transcript transcript while a writ of execution is outstanding in the. not to issue, hands of an officer or otherwise; and shall note on the record of such judgment the fact that such transcript has been given, and shall not thereafter issue any writ of exe- No execution, cution on the same judgment, but may at any time give when. to the same party or his representatives a new transcript of such judgment, in case of the loss of the transcript first given. SEC. 15. 86 Proceedings against garnishees may be Garnishment. instituted in the same manner as in the District Courts of the State, or in Justices' Courts, but the summons may be served either by an officer or any indifferent person, at any place within the State of Minnesota, and the ser- vice shall in all cases be personal. 36 The summons shall require the garnishee to appear Garni hee before the said Court, or the Judge thereof, at a time and summons. place mentioned therein, not less than ten (10) days from the service thereof, and answer touching his indebtedness to the defendant and any property, money or effects of the defendant in his possession, or under his control. 86 And the summons may be made returnable at any Return and term of said Municipal Court which may be named notice. therein, and the notice required to be served on the defendant in the action may be signed either by the Clerk of said Court or the person who served the gar- nishee summons, or by the plaintiff or his attorney, and 218 MINNEAPOLIS COURT ACTS. Service of notice. Disclosure of garnishee. Complaints in criminal cases. Clerk may MUNICIPAL Court. shall be served on the defendant at least three (3) days before the time specified in the same for the appearance of the garnishee. 36 The disclosure of the garnishee may be taken and all further proceedings had in the same manner as if the proceedings were in the District Court. · SEC. 16. 88 Complaints in criminal cases may be made to the Clerk when the Court is in session, or to the Judge or Clerk when not in session; and shall be made in writing or reduced to writing by the Judge or Clerk, and sworn to by the complainant, whether the offense charged be a violation of the criminal laws of the State, or of the ordinances, regulations or by-laws of said city. 38 And the Clerk, as well as the Judge, is hereby made- issue warrants. a Conservator of the Peace, and vested with the same authority, discretion and power to act in receiving com- plaints and issuing the warrants of said Court in criminal. Form of com- plaints, war- rants, etc. No formal complaint, when. Plea, and etc. cases. 38 And complaints, warrants and other process in crim- inal cases may follow substantially the same forms here- tofore in use by Justices of the Peace, with such altera- tions as may seem convenient to adapt the same to the style of said Municipal Court; or may be in such other form the Court may prescribe, sanction or approve. 88 In cases where alleged offenders shall be in custody, and brought before the Court, or the Clerk, without a process, the Clerk shall enter upon the records of the Court a brief statement of the offense with which the defendant is charged, which shall stand in place of a complaint, unless the Court shall direct a formal com- plaint to be made. 38 The plea of the defendant shall be "guilty" or "not failure to plead guilty." In case of a failure to plead, the Clerk shall enter a plea of "not guilty," and a former acquittal or conviction for the same offense may be proved under that plea as well as if formally pleaded. Examinations. 88 In the examination of offenders charged with indict- able offenses, the Clerk shall keep such *minutes of the examination as the Court may direct, and shall make the proper return to the Court before which the party charged with the offense may be bound to appear. *See Act relative to Stenographic Reporter, supra. MINNEAPOLIS COURT ACTS. 219 MUNICIPAL COURT. 38 In cases where the offense charged is bastardy, pro- Bastardy. ceedings shall be as near as may be substantially as pro- vided in chapter seventeen (17) general statutes of one thousand eight hundred and seventy-four (1874). Salaries of Clerk. Judges and SEC. 17. 41 The Judge and Special Judge of said Court shall each receive a salary of twenty-five hundred (2500) dollars per year, and the Clerk of said Court a sal- ary of eighteen hundred (1800) dollars per year; and to the Deputy Clerks who may be appointed to assist the Clerk in the discharge of the duties of his office, as fol- Deputy Clerk. lows: to the first Deputy the sum of twelve hundred (1200) dollars per year, and to the second Deputy the sum of eight hundred (800) dollars per year, payable from the city treasury of said city of Minneapolis in quar- terly installments; and neither the said Judge nor Clerk No other shall receive any other fee or compensation for his ser- compensation. vices. collect fees. 40 But in all proceedings had in said Municipal Court Clerk to like fees shall be charged and collected by the Clerk, as costs, as are allowed by law to the Clerk of the District Court of Hennepin County, or to Justices of the Peace, in proceedings upon trial before them for similar services. 40*It shall be the duty of the Chief of Police of said city Police to serve of Minneapolis to serve or cause to be served, forthwith, process. and it shall be the duty of the Police Officers of said city to serve all processes issued by said Court, except as otherwise provided in this act. fees, etc. 40*Police Officers in making service of any process, or Police to note doing other duty in respect to causes in said Court, shall note and return to the Court for collection, such fees for such services as are allowed to Constables for the like services in Justices' Courts. for, how. 4º And all fees so charged by the Clerk or by any Police Fees accounted Officer, shall be collected by the Clerk as costs, and by him be accounted for and paid over to the City Treasurer of said city, as hereinbefore provided. 40 The Clerk shall pay witnesses in criminal actions the fees to which they may be entitled, when no other provis- ion shall be made by law for such payment, taking receipts therefor in such form as the Court may direct; which re- ceipts shall be sufficient vouchers for payment of the the sums therein named, which said sums shall be noted *See chapter 6, City Charter as to Duties of Police, Witness fees in actions. criminal 220 MINNEAPOLIS COURT ACTS. Receipts for witness fees. Unpaid witness fees. Balances for deposits of costs. MUNICIPAL COURT. upon the monthly reports of said Clerk, and deducted from the amount therein otherwise shown to be due the city. 4º And all witness fees collected by the Clerk and not paid to witnesses, as aforesaid, shall be paid over to the city the same as other fees accruing to the city. 4º And all balances of deposits for costs remaining in the hands of said Clerk for one (1) month after the ter- mination of any action, or for a like period after an aban- donment of or failure to prosecute the same, and all other deposits of money arising from bail, bonds, recogni- Other balances, zances, and payments of penalties thereon or otherwise, shall be paid over to the city on the first (1st) Monday of the month following. Fees subse- quently claimed, how paid. No fees, when. Police detail. Gratuities, etc., to be paid to city. Penalty for failure. 40 Provided, That in the event that the party or parties who may be entitled to receive said balances of deposits, or other moneys, or any portion thereof, may demand the same of said Clerk at any time thereafter, and, upon giving a receipt therefor to the Clerk, he shall pay over the same, and said receipt shall be a sufficient voucher for the same in like manner as provided herein in the case of receipts for witness fees. 40 No fees shall be charged against either the city, county or State. 42*SEC. 18. It shall be the duty of the Mayor and Chief of Police of said city to see that a sufficient number of Police Officers are always in attendance upon said Court, and in readiness to obey its mandates and serve its process, and preserve order in its proceedings. *Police Officers of said city shall hereafter receive for their services no other compensation than the salary paid them by said city; and if any fee, gratuity or reward shall be paid to any Police Officer, for any service, he shall forthwith pay the same over to the Clerk of said Munici- pal Court, for the use of said city; and the failure to do so be a misdemeanor, punishable by a fine not exceeding one hundred dollars, or by imprisonment not exceeding thirty days. *See Chapter 6 of City Charter as to Control of Police, etc. MINNEAPOLIS COURT ACTS. 221 MUNICIPAL COURT. reported, when.. 42 And it shall be the duty of the Chief of Police or Failures to be Clerk of the Municipal Court, or any other official of said city who may have knowledge of such failure so to pay over said fees, to forthwith cause complaint to be made against such Police Officer. Officers not to pay over fees, when. attorney to 42 Provided, That this section shall not be so construed as to require any officer or officers so to pay over such fees in cases in which said officers, being regularly or specially appointed, designated or detailed for detective duty, and being in pursuit of any person or persons charged with any crime or misdemeanor, shall, under the City or county advice or with the consent of the County Attorney of the authorize county of Hennepin, or of the City Attorney of the city criminals. of Minneapolis, pursue said alleged offender or offenders beyond the limits of said city of Minneapolis, in which event said officer or officers shall be entitled to receive for his or their own use and benefit all fees for such pur- verward suit and all rewards offered for the apprehension of such when. offenders. 4 8 pursuit of Officers to SEC. 19. 44In the case of sickness or absence of the District judge Judge of the Municipal Court, and of the Special Judge, may act, when. either of the Judges of the District Court for the county of Hennepin may and hereby is authorized and empow- ered to hold said Municipal Court, and perform all the duties and exercise all the functions of Municipal Judge, and either of said Judges of said District Court may, upon request of the Municipal Judge, act as the Judge of said Municipal Court, in the trial of any particular case pend- ing therein. 44It case it shall appear from the pleadings, or upon the trial of any cause, that the title to real estate is in- volved in the action, the Municipal Court shall not pro- ceed further therein, but shall transfer the action to the District Court of said county, and the cause shall be pro- ceeded with in the Court to which it shall be transferred as if originally commenced therein. 45*SEC. 20. 45 The City Attorney of the city of Min- neapolis shall have charge of the prosecution of all crim- inal proceedings before said Municipal Court except the trial of persons charged with having committed, within *This section is numbered section 128 in chapter 55, section 1, Special Laws of 1888, the corresponding section (128) in General Statutes of 1878 being amended at the same time and in the same act. Proceedings real estate when title to involved. City attorney when. to prosecute, 222 MINNEAPOLIS COURT ACTS. County attorney to prosecute, who. Blanks, furni. etc. MUNICIPAL Court. *the county of Hennepin but without the city of Minne- apolis, offenses against the criminal laws of the State, and except the preliminary examination of all persons charged with offenses against the criminal laws of the State, which cases the County Attorney of the county of Hennepin shall have charge of and prosecute. SEC. 21. The Clerk of the Municipal Court shall, ture, supplies, under the direction of the Judge, and with consent of the City Council of said city (unless otherwise provided), from time to time procure and furnish all necessary blanks, stationery, record books, court room, jury room, and office furniture, lights and fuel, for the use of the Court and the officers thereof, at the expense of the said city. Proceedings before former Justices of Peace. Dockets and records to be transferred. Former Justi- ces of Peace not to issue process . 46+SEC. 22. 46 Upon the election and qualification of the Municipal Judge, all causes and proceedings then pending before Justices of the Peace within said city shall forthwith, by said Justices, be transferred to said Munici- pal Court, with all papers and records concerning the same, and said Municipal Court shall take cognizance of such causes and proceedings, and proceed therein, as if the same were originally commenced in said Municipal Court. 46 And the dockets, records, files and papers in the custody of any and all Justices of the Peace of said city shall at once be transferred and turned over to said Mu- nicipal Court, which shall have full jurisdiction to finish and complete all proceedings pending before any Justice of the Peace, and to enforce, by execution or otherwise, all judgments theretofore rendered by Justices of the Peace within the present city of Minneapolis, and such judgments shall stand on the same footing as judgments of said Municipal Court. 46†And after the election and qualification of said Mu- nicipal Judge, no Justice of the Peace within the city of Minneapolis, shall issue any process, nor take cogniz- ance of any action or proceedings, civil or criminal, but the jurisdiction of said Municipal Court, shall, within said city, be † exclusive in all cases heretofore cognizable *See note on preceding page. †See "An Act to Establish Justices of the Peace in the City of Minneapolis," ap- proved March 3, 1887, supra. Justices of the Peace now have limited jurisdiction. MINNEAPOLIS COURT ACTS. 223 MUNICIPAL COURT. District court before Justices of the Peace, except that this act shall Jurisdiction of not affect the jurisdiction of any Court of Record having not affected. general jurisdiction, such as is conferred upon the Dis- trict Court. Jurisdiction of Justices of the 46*And no Justice of the Peace shall have jurisdiction to issue any summons or process in any civil action, except- Peace. ing executions, to be served within said city of Minne- apolis, and any service of any such summons or process from a Justice of the Peace made within said city shall be void. effect, SEC. 23. This act shall take effect and be in force Act to take from and after its passaget. *See note on preceding page relative to Justices of the Peace. +Sections 24 and 25 [added Feb. 27, 1875-see chapter 5, section 1, Special Laws] relative to filing bond where personal service is not had in certain cases, and bond where default is opened, repealed by act of February 1887. *COURT REPORTER. SECTION. 1. Stenographic Reporter to be Ap- pointed by the Judges.- Bar May Recommend Appointment. 2. Duties of Reporter.-Record of Pro- ceedings.-Transcripts, When and How Made. SECTION. 8. Salary of Reporter.-Fees for Tran- scripts. Force and Effect of Transcript. 4. Reporter under Direction of Court. -Discharge, Vacancy, etc. 5. Aot to Take Effect. Be it enacted by the Legislature of the State of Minnesota. Bar may SECTION 1. The Judges of the Municipal Court of the Judges to City of Minneapolis are hereby authorized, and it shall appoint. be their duty, upon the recommendation of the Bar of said city to appoint a Stenographic Reporter, to make in recommend. short-hand writing a true record or report of all proceed- ings and evidence taken upon the trial of all cases tried in said Municipal Court, when required by the Judges of said Court. *"An Act to Provide for the Appointment of a Short-Hand Reporter for the Municipal Court for the City of Minneapolis, County of Hennepin, Minnesota." Approved February 28, 1887; see Special Laws. 224 MINNEAPOLIS COURT ACTS. Duties of Re porter. Transcripts. Salary. Fees for tran- script. Transcripts for county attorney. Force and script. COURT REPORTER. SEC. 2. It shall be the duty of said Stenographic Re- porter, and he shall take an oath to that effect before entering upon his duties, to keep in short-hand writing, a true, full and accurate record of all the proceedings had and evidence given upon the trials of issues of fact in said Court, when required so to do by the Judges of said Court; and shall make a true and full transcript of his record or report in each case, into the words represented by the signs or characters which he shall use in his short-hand writing, when required by either of the parties to an action. SEC. 3. The salary of such Stenographic Reporter shall be twelve hundred (1,200) dollars per annum, paya- ble from the city treasury of the city of Minneapolis, in monthly installments. And further, That when such Reporter shall be required by either of the parties to an action to transcribe his record into long-hand writing, the fees for such transcrip- tion shall be ten (10) cents per folio of one hundred words, to be paid by the party requiring the same, and shall belong to such Stenographer. Provided, further, That said Reporter, when required to do so by the County Attorney of Hennepin County, shall furnish a transcription of all the evidence taken upon any criminal examination or trial in said Court had, free of charge, without compensation, except as provided for in his salary. And when the record or report of a trial shall have been effect of tran- so transcribed and approved by the Judge or Judges be- fore whom such trial was had, it shall have such force and effect as a record of the Court, and as a case, or a bill of exceptions, as the Court may, by general rule or order, prescribe. Court may d's- vacancy. SEC. 4. And such Reporter. in the performance of his charge and fill duties, shall be subject to the orders and directions of said Court; and the Judges may at any time discharge said Re- porter and employ and appoint another to fill such va- cancy thereby occasioned. Act to take effect. SEC. 5. This act shall take effect and be in force from and after its passage. ļ MINNEAPOLIS COURT ACTS. 225 *CITY JUSTICES. SECTION. SECTION 1. Number, Terms and District. 4. Appeal to be to District Court. 2. Manner of Election - Justice to Re- side in District. 5. Inconsistent Acts Repealed. 3. Jur sdi tion. 6. Act to Take Effect. Be it enacted by the Legislature of the State of Minnesota. SEC. I. There shall be elected at the next municipal Three Justices. election, to be held in the City of Minneapolis, three (3) Justices of the Peace. Said Justices of the Peace shall hold their offices for Terms. two (2) years from and after their election, or until their successors are elected. Justices. They shall be elected from the following parts of the Districts of city, to-wit: One from that portion of the city lying north of First Avenue South and west of the Mississippi River; One from that part of the city lying south of First Avenue South and west of the Mississippi River; And one from that part of the city lying east of the Mississippi River. How elected. SEC. 2. Said Justices of the Peace shall be elected at said election by the voters of the said parts of the city as specified in section one (1) of this act; and no voter shall Voting qualifi- vote for any Justice outside of that part of the city in which both Justice and voter reside. cations. district. Said Justices must be residents of the districts from Mast eside in which they are elected. SEC. 3. The said Justices, and each of them shall have Jurisdiction. jurisdiction of all civil suits involving one hundred dollars ($100) or less, and their jurisdiction and practice shall be the same as all Justices of the Peace in the State of Min- nesota, being regulated by the General Laws, revision of one thousand eight hundred and seventy-eight (1878). Provided, That their jurisdiction shall not extend to any person outside of the city limits of the City of Minne- apolis. **An Act to Establish City Justices of the Peace in the City of Minneapolis." Approved March 3, 1887; see Special Laws. Limitation. 226 MINNEAPOLIS COURT ACTS. Appeals. Inconsistent acts repealed. Act to take effect. CITY JUSTICES. SEC. 4. Appeals shall be made to the District Court as in other cases.. SEC. 5. All acts or parts of acts conflicting with the above are hereby repealed. SEC. 6. This act shall take effect and be in force from and after its passage. AMENDMENTS TO COURT ACT FROM 1877 TO 1887, INCLUSIVE. The Note Numbers in first column correspond with the small figures used for references in the Act as printed herein, ante. See - also "Summary of Legislative Acts Relative to the City of Minneapolis,” etc., supra. Note No. Division of Act. 1 Section 1 2 3 -11 to read.. 4 Section 2 to read • 5 to read.. Approved. Year. Chap. Sec. March 8 March 2 1878 1883 48 Feb. 24 1885 March 2 1883 48 1000000 65 74 Feb. 24 1885 74 6 Section 3 7 to read.. Feb. 26 1877 178 March 8 1878 65 8 to read. ' March 8 1879 138 9 10 to read.. March 2 1883 48 112231213 • to read... 11 Section 4 Feb. 24 1885 74 4 March 2 1883 48 12 Section 7 Feb. 27 1875 4 1 13 Feb. 26 1883 49 1 14 to read. Feb. 24 1885 74 15 to read.. March 2 1887 21 16 Section 8 to read.. Feb. 27 1875 4 17 to read... March 8 1878 65 1223 5 18 to read.. March 2 1883 48 6 • 19 to read. Feb. 24 1885 74 • 20 to read. March 2 1887 21 21 Section 9 to read. March 8 1878 65 4 · • 22 March 2 1883 48 23 Section 10 24 March 2 1883 48 8 to read. Feb. 24 1885 74 4 • 25 Section 11 to read. March 2 1883 48 9 • • 26 to read. Feb. 24 1885 74 8 • • • • 1 MINNEAPOLIS COURT ACTS. 227 1 AMENDMENTS. Note No. Division of Act. Approved. Year. Chap. Sec. 27 Section 12 to read.. Feb. 26 1877 178 2 • • • • 28 29 30 31 32 Section 13 33 34 35 Section 15 36 to read. to read... to read. to read.. to read.. to read. ·· to read.. • • March 8 1878 65 5 March 2 1883 48 10 > Feb. 24 1885 74 9 March 2 1887 21 4 Feb. 27 1875 4 3 Feb. 24 1885 74 10 March 2 1887 21 5 March 2 1883 48 11 · • to read.. Feb. 24 1885 74 11 37 Section 16 March 2 1883 48 12 38 to read.. Feb. 24 1885 74 12 39 Section 17 to read. March 2 1883 48 13' 40 to read. Feb. 24 1885 74 13 41 to read... March 2 1887 21 6 42 Section 18 March 2 1883 48 14 43 Section 19 44 45 Section 20 46 Section 22 47 Section 24 48 49 Section 25 50 to read.. to read. to read.. added. repealed. added. • repealed………. March 8 1878 65 6 March 2 1883 48 15 Feb. 17 1883 55 1 Feb. 24 1885 74 14 Feb. 27 1875 1 • • • Feb. 1887 Feb. 27 1875 5 Feb. 1887 .. 1 Index to Court Act at end of "Minneapolis City Ordinances." PART III. ! BOARD ACTS. I. FREE SCHOOLS. II. PARKS AND PARKWAYS. III. COURT HOUSE AND CITY HALL. IV. TAX LEVY. 1 } FREE SCHOOLS. City one school district. *An Act Relating to Free Schools in the City of Minneapolis. [Approved March 7, 1878; as Amended to March 4, 1887, inclusive.] SECTION. 1. SECTION. Consolidation of Former Boards.- 7. Tax-Levy and Limit. Corporate Powers and Duties.- Real Estate, Schools, Rules, etc. 2. School Directors.-Election, Terms, Vacancies. 3. Election Rules. Ballots, Return and Canvass. 4. Oath of Office.-Ex-Officio Officers. Official Bonds. 5. Duties of Officers.-Proceedings.- Orders, Accounts, etc.-Auditing. -Depositories.- Pay Rolls. 6. Regular and Special Meetings. Rules as to Notice of Meeting. and Settlement, Returns 8. Temporary Organization. -- Annual Meetings.-Vacancies. 9. Real Estate.-Purchase and Sale.— Record of Proceedings. 10. Orders and Bonds. Not Issued, when. 11. Duties of Former Boards.-Bonds Prosecuted, when. 12. Original Act to Take Effect. 13. Condemnation Proceedings.-Fee Simple Titles.-Assessments, etc. 14. Act to Take Effect. The small figures used herein for references refer to table of amendments at end of act, supra. SECTION I. 2 The city of Minneapolis, in the county of Hennepin, shall, on and after the first Tuesday of April, A. D. one thousand eight hundred and seventy- eight (1878), constitute in law but fone (1) school district, and the Board of Education of the East Division of Min- Consolidation neapolis is hereby united and consolidated with the of former Boards. Board of Education of the West Division of Minneapolis, such union to take effect on the day above named, and such united Board shall thereupon constitute and become one corporation, under the name of "The Board of Edu- cation of the City of Minneapolis," and shall have a com- mon seal, and be capable of sueing and being sued, and *Chapter 22, Special Laws of 1887, provides that this act be "amended by striking out any provisions therein contained relative to the times and manner of election and the terms of office of members of the Board of Education in conflict with any provisions of the charter of the city of Minneapolis in relation thereto; and in determining the terms of office and the times and manner of election of members of the Board of Education the provisions of the charter of the city of Minneapolis in relation thereto shall govern so far as the same are in conflict with the above entitled aot " See also section 2, chapter 2, City Charter, (page 22) as to terms of office, election etc. †See page 12 (section 2, chapter 1) of City Charter, as to Independent School Districts. MINNEAPOLIS BOARD ACTS. 301 FREE SCHOOLS. of taking by gift, grant, purchase, devise or bequest, or otherwise, any real or personal property, and of using, selling, conveying, controlling and enjoying the same, and of entering into, making, performing and enforcing contracts. *It shall be the successor in law of the Board of Educa- tion of the East Division of Minneapolis, and the Board of Education of the West Division of Minneapolis, and shall succeed to all the rights and liabilities of every kind. of said two Boards. Powers of Board. Successor to former Boards. estate. Board. *The title to all real estate within the limits of the City Title to real of Minneapolis, whether vested in the Trustees of any school district, either wholly or in part within the limits of said city, in the Board of Education of Minneapolis, the Board of Education of the town of Minneapolis, the Board of Education of the City of Minneapolis (as the To vest in same was prior to the consolidation of the cities of Saint Anthony and Minneapolis), the Board of Education of the West Division of Minneapolis, the Board of Education of the city of Saint Anthony, the Board of Education of the East Division of Minneapolis, as well as the title to all personal property belonging to either of said Boards of Education, or to *any school district wholly within the Whole city limits of said city, shall be and become vested in the Board of Education of the city of Minneapolis, as hereby constituted. included. 2 It shall have the entire control and management of all Entire control. common schools within the City of Minneapolis. 2 It shall be entitled to demand, have and receive all Finances. moneys which have accrued or shall accrue to either of said districts, or to said united district, for school pur- poses, under any law of this State or otherwise, and may appropriate and use such moneys for the support and maintenance of the schools within such district as such Board may deem best. 2It may also hire or erect and maintain, as it shall deem School houses. best, school houses and school rooms, but it shall never erect any building upon land to which it has not the title in fee simple. 2 It may employ superintendents and teachers, and Teachers, etc. make rules and regulations for the government of schools, and for the employment and examination of teachers, and *See section 2, chapter 1, page 12 of City Charter, ante, for exception to "entire control." 302 MINNEAPOLIS BOARD ACTS. FREE SCHOOLS. etc. Grades, books, prescribing their powers and duties; and prescribing the description, grading and classification of scholars and their management, and the course of instruction and books to be used, and all other matters pertaining to the gov- ernment and welfare of schools. By-laws. Number of Directors. 2It may also make by-laws, rules and regulations for its government. 3*SEC. 2. The Board of Education of the City of Min- neapolis shall consist of seven School Directors. At the annual city election to be holden on the first Tuesday of April, A. D. one thousand eight hundred and seventy- eight, there shall be elected three School Directors for Terms of first the term of three years, two School Directors for the term of two years, and two School Directors for the term of one year, and thereafter there shall *every year be elected two School Directors for the term of three years, and every third year an additional School Director (mak- ing three) shall be elected for the like term. Board. Successors. Vacancics. Election of Directors. In case any School Director shall die, resign, remove from the district, or otherwise vacate his office more than one year before the expiration of his term of office, a School Director may be chosen at the next *annual elec- tion after such vacancy shall occur, to fill the place for the unexpired term of the Director so vacating. *SEC. 3. All elections for School Directors shall be at the annual city election, and as a part of such city elect- tion, and such School Directors shall be voted for upon a Separate ballot separate ballot; and a separate bailot box shall be pro- vided at each precinct, which shall be kept by the Judges to receive the ballots of such persons as are entitled to vote for such School Directors. box. Ballots. Returns and canvass. Election rules. Whenever such School Directors are voted for to serve for different terms, the ballots used shall designate the term for which the person named is voted for. The Judges of Election shall make returns of the votes cast for School Directors, and the City Council shall can- vass the same as in the case of the city officers, and the City Clerk shall forthwith notify the persons elected of their election; and in all matters not herein especially provided for, touching such election, the rules provided for the election of city officers of said city shall apply. *See note at bottom of first page of this act as to elections, terms of office, etc. ** MINNEAPOLIS BOARD ACTS. 303 FREE SCHOOLS. 4 oath of office. 4SEC. 4.. Every School Director, before he shall enter Director to file upon the duties of his office, shall take, subscribe and file in the office of the City Clerk of said city, an oath or affirmation that he will support the constitution and laws of the State of Minnesota, and discharge the duties of his office to the best of his ability. 4 The meetings of said Board of Education shall be held Meetings. at such times and places as shall be appointed by the Board. 4Its officers shall consist of a President and Secretary, Officers. who shall be School Directors. 4 The City Treasurer shall be Treasurer of the Board, Treasurer and and the Comptroller shall perform such duties in con- Comptroller. nection therewith as hereinafter prescribed. Bonds of Sec- surer. retary and 4 The Secretary of the Board and the City Treasurer of the City of Minneapolis, shall each, before entering upon the duties of his office, execute and deliver to the Board of Education of the City of Minneapolis, a good and suffi- cient bond, payable to the Board of Education of the City of Minneapolis, in such sum as shall be fixed upon by the Board, and with sureties who shall be freeholders of said city, and shall be approved by the Board, and who shall justify in the aggregate to double the amount of the bond, conditioned that the principal in the bond shall Conditions of well and faithfully perform and discharge all the duties bonds. of his office, and pay and turn over to his successor, or to whomsoever the Board may direct, all moneys and every valuable thing which shall come into his hands by virtue of his office, belonging to said Board. Filing of 4 Such bonds shall be filed for safe keeping with the City bonds. Comptroller of the City of Minneapolis. SEC. 5. The President, or in his absence a President pro tempore, shall preside at all meetings of the Board, and sign all orders on the treasury for all moneys voted to be paid by the Treasurer, and shall perform all duties neces- sary for the transaction of the business of the Board, and which are usually performed by the President of a cor- poration. Duties of President. Secretary. "The Secretary, or in his absence the Secretary pro Duties of tempore, shall keep a full and fair record of all the pro- ceedings of the Board at its meetings, and shall draw and attest all orders drawn upon the Treasurer, and keep a record thereof showing the number, date, amount, pur- pose for which drawn, and name of payee of each order separately. 304 MINNEAPOLIS BOARD ACTS. Orders, how paid. Orders, when issued. Duties of City Comptroller. FREE SCHOOLS. 5 All such orders shall be made payable to the order of the payee therein named, and shall not be paid with- out his endorsement, either personally or by his authorized agent or attorney. 5 The Secretary shall perform such other duties as are usually performed by such officer, or as may be directed by the Board, and shall draw no orders on the treasury except such as have been allowed by the Board, by a ma- jority vote of all its members, taken by ayes and nays, and entered on the record of the proceedings of the Board. 5 The City Comptroller shall keep regular books of ac- count of the Board, in which he shall enter all indebted- ness of said Board, and which shall at all times show the precise financial condition of said Board, the amount of bonds, orders or other evidences of indebtedness out- standing, and the redemption of the same when re- Bonds, etc, to deemed; and he shall countersign all bonds, orders or be counter- signed. Claims audited. Duties of City Treasurer. Funds how deposited. Bank sureties liable. other evidences of indebtedness of said Board and keep an exact account thereof, showing to whom and for what purpose issued and the amount of each, and of all moneys received or paid out by the City Treasurer on account of said Board. 5 All claims allowed by the Board shall, before they are paid, be audited by the Comptroller. 5 The City Treasurer shall receive and safely keep all moneys of the Board and pay the same only upon orders " signed by the President and attested by the Secretary of the Board, and countersigned by the Comptroller and properly endorsed by the payee, or in payment of out- standing matured bonds or coupons of said Board or either of the Boards which are united by section one of this act, and shall keep full books, records and vouchers of all his transactions. He shall deposit the moneys of said Board, as the moneys of the city of Minneapolis, in any bank which shall be designated by the City Council of said city as depositories of funds of said city; and the funds while so on deposit in such bank, shall for all purposes connected with such deposit be regarded as the money of the city of Minneapolis, and may be recovered as such by said city from said banks, and the sureties of such banks upon the bonds which said banks shall execute to the said city, but when drawn or recovered from such banks shall be ac- counted for to its proper fund. r MINNEAPOLIS BOARD ACTS. 305 FREE SCHOOLS. liable, when. 5 And the Treasurer shall have the same exemption re- Treasurer, not specting such funds deposited in such banks as in respect to other funds of said city. Nothing in this act shall be construed as prohibiting Pay-rolls. said Board from paying its teachers, janitors and other employes upon pay rolls, or otherwise, in accordance with such regulations as said Board may establish. "SEC. 6. "The regular meetings of the Board shall be Regular meet- ings. fixed by its rules and by laws. ings. "Special meetings may be called by the President or Special meet- any two (2) School Directors, by written notice, stating the time, place and object of the meeting, to be served personally or by mail, at least twenty-four (24) hours before such meeting. "But whenever a majority of all the Directors are present at any meeting, the same shall be a legal meet- ing at which any business which could come before a regular meeting may be transacted, irrespective of whether there was any notice given for such meeting or not. Majority may act without notice. SEC. 7. 12Said Board of Education is hereby author- Tax-levy. ized and empowered to levy upon the taxable property in said city, such taxes as will raise sufficient sums of money for all school purposes of every character, includ- ing the purchase of sites, and building and repairs of school houses, and expenses incident to the maintenance thereof, and as will also provide for the prompt payment of all indebtedness of said district. tax. 12 Provided, That the aggregate annual levy of such Limitation of taxes shall not exceed three (3) mills on the dollar upon the assessed valuation of said district, except that in each of the years of one thousand eight hundred and eighty- three (1883) and one thousand eight hundred and eighty- four (1884), said Board may levy an additional tax of one (1) mill on the dollar upon the assessed valuation of said district, the money received from which shall be expended in the purchase of school house sites and for building purposes. tax levy. 12 Said Board shall make return of its annual levy of Return of taxes on or before the first (1st) day of November of every year, to the County Auditor of the county of Hen- nepin, and such taxes shall be collected and the payment 306 MINNEAPOLIS BOARD ACTS. 1 Collection of taxes. Fettlements. First meeting of Board. Organization. Annual meet- ings. Vacancies, when filled. Real estate- purchase and sale. Deed, how executed. FREE SCHOOLS. thereof enforced, with and in like manner as State and county taxes are collected, and the payment thereof enforced; and when collected, shall, together with all costs, interest and penalties collected thereon, be paid over by the County Treasurer to the City Treasurer of the city of Minneapolis as often as said County Treasurer is required to make settlement with said City Treasurer in respect to city taxes. SEC. 8. The School Directors who shall be elected at the annual city election to be held on the first (1st) Tues- day of April, A. D. one thousand eight hundred and seventy-eight shall meet at the office of the City Clerk of said city of Minneapolis, on Thursday, the eleventh day of April, A. D. one thousand eight hundred and seventy- eight, at ten o'clock in the forenoon, and may then and there effect a temporary organization, and may then pro- ceed to elect permanent officers for the year, and to the transaction of any business, or may adjourn to any other time and place to complete the permanent organization of the Board. *The annual meeting of the Board for the election of its officers for the year shall always be on the second Tues- day after the * annual city election, at such hour and place as the Board may by its rules appoint for its regular meetings. But vacancies may be filled whenever they shall happen. during the year, and officers shall hold until their succes- sors are elected and qualified, unless they cease to be eligible. SEC. 9. The Board may purchase real estate for school purposes whenever six School Directors shall vote to make such purchase; and the Board may also sell and convey any of its real estate, but only when five of the School Directors authorized to be elected shall vote to make such sale. In the case of sale of real estate of the Board, the deed of conveyance thereof may be executed by the President and Secretary, officially, having the seal of the Board af- fixed thereto. *Annual city election abolished. See note on first page of this act. t F MINNEAPOLIS BOARD ACTS. 307 7 FREE S&HOOLS. All votes under this section shall be by yeas and nays, and recorded in the record of the proceedings of the Board. Votes to be recorded. Orders, not to when. SEC. 10. 18 The Secretary of the Board is hereby for- bidden from countersigning or issuing any orders from be issued, the Treasurer of said Board except when there is money. in the hands of the Treasurer to pay the same. 13 The said Board shall never issue any bond or prom- Bonds, etc., when payable. issory note, certificate of indebtedness or other obligation for the payment of money, except the same shall be made to become due and shall be paid at a date not later than the first (1st) day of July then next ensuing, and then for no greater sum than can be paid when due out Indebtedness, of the regular revenues of the Board for the school year in which such bond, note, certificate or other obligation of indebtedness is issued.14 how restricted. SEC. II. After the passage of this act the Boards of Old Boards, Education of the East and West Division of Minneapolis when to cease. shall continue in existence until the first Tuesday in April, A. D. one thousand eight hundred and seventy- eight, and no longer; but neither of them shall in the meantime enter into any new contract which is not to be fully performed before the date last above mentioned. And it shall be the duty of the Secretaries of each of the said two Boards to attend, at the office of the City Clerk of said city, on the eleventh day of April, one thous- and eight hundred and seventy-eight, named, at ten o'clock in the forenoon, and surrender and deliver over to the School Directors elected under the provisions of this act all books, records, vouchers, papers and property in their custody belonging to their respective Boards. Records, etc.. to be surren- dered to new Board. urer. Division And as soon thereafter as the new Board of School Di- Board Treas- rectors shall organize and elect a Treasurer, and said Treasurer shall qualify, it shall be the duty of the Treas- urers of said Division Boards to pay over to the new Treasurers. Treasurer all moneys in their hands, or for which they are responsible as such Treasurers, and all records, books, vouchers and property under their control as such Treas- urers. And any failure so to to do shall be held to be a breach Proceedings against of the official bond of such Treasurer so failing, and such Treasurers. bonds may be prosecuted by the Board of Education of 308 - - ? MINNEAPOLIS BOARD ACTS. FREE SCHOOLS. Treasurer. Actions against the City of Minneapolis, as may also any other right of action, which, but for this act, might have accrued in favor of either of said former Boards of Education. Misplaced sec- tion. Condemnation proceedings. Title in fee simple. Commission- SEC. 12. ["Take effect" section in, original act. See sec. 14.] +SEC. 13. 16Whenever said Board deems it expedient to acquire the title to any lands situate within the City of Minneapolis, either for a school house site or for an addition to any school house site, the same may be ac- quired at the option of said Board by proceeding as pro- vided in sections seven (7), eight (8), nine (9), ten (10) and eleven (II) of chapter thirty-six (36) of the General Statutes of one thousand eight hundred and seventy- eight (1878), except as herein otherwise directed. 16 The title which said Board shall acquire to any lands by the proceedings herein provided, shall be an absolute estate in fee simple. 16Said Board in its application to the District Court for ers, application the appointment of Commissioners shall, in addition to the requirement of section seven (7) of chapter thirty- six (36) of the General Statutes of one thousand eight hundred and seventy-eight (1878), state that the title to be acquired by said Board is an absolute estate in fee simple. Judgment. Entry, how. made. Board may occupy land, pending pro- ceedings. 16 In proceedings brought by said Board under the pro- visions of this act, judgment shall not be entered as pro- vided in section ten (10) of chapter thirty-six (36) of General Statutes of one thousand eight hundred and seventy-eight (1878) but it shall be entered declaring that upon payment of the amount of the assessment, or verdict, in case of appeal, with costs, to the owner of such lands, or to the Clerk of the District Court, an absolute estate in fee simple in such lands as are in said petition described, shall be and become vested in said Board of Education. 16 It is further provided, That said Board may at any time after the filing of its petition as aforesaid, enter upon and occupy such lands as are in its petition described, until the proceedings contemplated by this act shall have been fully determined, and it shall not during such time be dis- turbed in such possession or occupancy by any proceed- ings either in law or equity. MINNEAPOLIS BOARD ACTS. 309 FREE SCHOOLS. utes to govern. 16 Said sections seven (7), eight (8), nine (9), ten (10) General stat- and eleven (11) of chapter thirty-six (36) of the General Statutes of one thousand eight hundred and seventy-eight (1878), as herein amended and qualified to conform to the intentions of this act, are made a part hereof. *SEC. 14. This act shall take effect and be in force from and after its passage. *This section was numbered 12 in the original act, approved March 7, 1878, the number not being changed when section 13 was added. Act to take effect AMENDMENTS TO SCHOOL ACT. FROM 1879 TO 1887, INCLUSIVE, See The Note Numbers in first column correspond with the small figures used for references in the Act as printed herein, ante. also "Summary of Legislative Acts Relative to the City of Minneapolis," etc., supra. Note No. Division of Act. Approved. Year Chap. Sec. 1234BSN∞- Section 1 March 2 1881 114 1 to read.. Feb. 27 1883 283 1 · 3 Section 2 March 4 1887 22 1 4 Section 4 5 Section 5 to read to read March 8 1879 62 1 • March 8 1879 62 2 6 March 5 1885 97 1 7 Section 6 to read.. Feb. 27 1883 233 • 8 Section 7 March 8 1879 62 9 to read March 2 1881 114 10 to read.. Nov. 8 ex81 49 1 11 to read. Feb. 27 1883 233 12 to read.. Feb. 12 1835 86 13 Section 10 to read.. March 2 1881 114 2321KIM 14 to read... Nov. 8 ex81 49 2 15 Section 13 added. Nov 11 ex-1 52 1 16 to read... Feb. 27 1883 233❘ 4 Index at end of "Minneapolis City Ordinances." PARKS. *An Act Providing for a System of Public Parks, etc. [Approved Feb 27, 1883; as Amended to Feb. 26, 1887, inclusive.] SECTION. 1.-Preliminary Organization. - Elec- ti ns and Vacancies.-Powers and Duties.-Restrictions. 2.-Parks and Parkways.-Designation of Grounds.-Improvements. 3.-Title to Lands.- Gifts, Devises, Pur- chase, etc. 4.-Conden.nation of Land for Parks, etc. ·(1) Appointment of Appraisers.— Penalties.-Vac -ncies. -(2) Appraisers to be Sworn, - (3) To Give Notice of Filing of Plat, etc. (4) To View Premises and Appraise Damage. --(5) When Owner to Elect as to Removal of Buildings.-Damages. -(6) When Land and Buildings Have Different Owners - Award and Confirmation, How Construed. -(7) Appraisers' Report.-Schedule of Damages.-Description of Lands, etc.-Costs of Proceedings. -(8) Notice of Report to Persons Interested, How Made. (9) Damages, How Paid.-Property Appropriated.-- Claims, etc. -(10) Buildings Not Removed May Be Sold, when, —(11) Guardian Appointed for Owner Under Disability. -(12) Objections to G Confirmation. · Appeals.— Abandonment.— At- torney's Fees. SECTION. 4.-(13) Award of Damages to be Re- corded.-Duty of Register of Deeds.-Plats to be Filed. 5.-Park Assessors.-To Assess Benefits. -Exemptions.-Notice of Assess- ment. Reports. — Confirmation Proceedings.-Lien for Benefits.- How Collected.-Duties of C unty Auditor. 6.-Park Bunds.-Interest and Restric- tions.-Register.-City Irrevoca- bly Bound. 7.-General Park Tax-Levy.-How Col- lected and Appropriated--City Park Fund. 8.-Vacation of Public Roads.-Excep- tions. 9.-Bridges and Viaduct.-Riparian Rights, etc.-Control of Lakes. 10.-Removal from Office for Misde- meanor or Malfeasance. 11.-Absence from Successive Meetings Works Forfeiture, when. 12.-Special Assessment Fund, How Expended. 13.-Parks to be Perpetual.-Sale of Lands, when. 14.-Ordinances and Enforcement.—Po- lice and Control Thereof. 15.-Aot to be Submitted to the People in 1883. 16.-Inconsistent Ac s Repealed. 17.-Act to Take Effect. The small figures used for references herein refer to table of amendments at end of act, supra. Be it enacted by the Legislature of the State of Minnesota : I. SECTION 1. That the following persons, to-wit: C. M. First Board. Loring, H. T. Welles, D. Morrison, J. S. Pillsbury, O. C. *"An Act Providing for the Designation, Acquisition, Laying Out and Improve- ment of Lands in the City of Minneapolis for a System of Public Parks and Park- ways, and for the Care and Government Thereof." See Chapter 281, Special Laws of 1888. a 312 MINNEAPOLIS BOARD ACTS. } ! First Board. Powers and purposes. Organization. Officers. Department of city govern- ment. Rules and meetings. Ordinances and regulations. Quorum. Ten votes necessary, when. PARK AND PARKWAYS. Merriman, A. C. Haugan, J. C. Oswald, W. W. Eastman, George A. Brackett, Judson N. Cross, D. Bassett and A. C. Austin, together with the Mayor, for the time being, of the City of Minneapolis, ex-officio, and the Chairman, for the time being, of the Standing Committee on Public Grounds and Buildings, and the Chairman of the Standing Committee on Roads and Bridges of the City Council of said city, ex-officio, are hereby appointed Commissioners for the purposes specified in the title to this act, and to be accomplished in the manner and with the powers and subject to the restrictions of *this act. Upon filing a written acceptance of their appointment and an oath of office in the office of the City Clerk of the City of Minneapolis, the said Commissioners shall meet and organize by the designation of one (1) of their num- ber as President, and one (1) of their number as Vice- President, and shall appoint a Secretary, and shall ap- point a President and Vice-President and Secretary, from time to time, whenever vacancies may occur. Upon effecting the said organization the said Commis- sioners and their successors shall constitute a department of the city government of the city of Minneapolis, to be known and designated as the "Board of Park Commis- sioners of the City of Minneapolis.' The said Board shall make rules to govern its proceed- ings, and may meet from time to time as it may by rule or vote determine, and adjourn its said meetings. It shall adopt a seal, and shall make and publish from time to time, rules, ordinances and regulations for the government of its agents, servants and employes, and for the government and regulation of the parks and parkways which may be acquired under and pursuant to the provi- sions of this act. A majority of the members of said Board shall consti- tute a quorum, but no action of said Board designating or purchasing or leasing lands, creating a bonded debt, or filling vacancies in the Board of Park Commissioners, shall be valid unless voted for by ten (10) members of said Board. *See also "An Act in Relation to Parkways in the City of Minneapolis," (Special Laws of 1885, Chapter 304) supra, and "An Act to Repeal Subdivision 29, Section 5, Chapter 4, of the Charter of the City of Minneapolis [relating to appointment of City Forester] and to confer the power thereby granted upon the Boa d of Park Com- missioners of said city," (Chapter 12, Special Laws of 1887) supra. 1 1 MINNEAPOLIS BOARD ACTS. 313 PARKS AND Parkways nual report. And a record of its proceedings shall be kept, and the Record-An- said Board shall make and publish in the official paper of the city, an annual report setting forth their general proceedings, and containing a statement of the receipts and expenditures of said Board. Provisional The twelve (12) persons hereinbefore named, and their Board. successors. shall, with the three (3) ex-officio members above provided for, constitute a Provisional Board of Park Commissioners, to hold their offices until the annual city election in the year one thousand eight hundred and eighty-four (1884), and until their successors shall be elected and qualified. Commis- At the * annual city election in the year one thousand Election of eight hundred and eighty-four (1884), there shall be sioners. elected by general ticket twelve (12) Commissioners, four (4) of whom shall be elected for one (1) year, four (4) for two (2) years, and four (4) for three (3) years, who with the three (3) ex-officio Commissioners above desig- nated, shall constitute the Board of Park Commissioners, and *thereafter four (4) Commissioners shall be elected annually, to serve for three (3) years, and all vacancies in the office of the above twelve (12) appointed, or of the vacancies. elected Commissioners, shall be filled by the remaining members of the Board. Terms and The said Commissioners shall receive no compensation Compensation for their services, but may receive such sums for actual Expenses. and necessary expenses incurred in performing their official duties as may be audited and allowed by the said Board. The Board of Commissioners shall be authorized to em- Employes and ploy and dismiss such attorneys, surveyors, agents and compensation. employes as may be necessary, and to fix the compensa- tion of all its appointees and employes, which shall be payable from the fund hereinafter established for the pur- pose of this act, upon the order of said Board, counter- signed by the City Comptroller. *Chapter 20, Special Laws of 1887, provides that this act "is hereby amended by striking out any provisions therein contained relative to the terms of office and times and manner of election of members of the Board of Park Commissioners in conflict with any provisions of the charter of the city of Minneapolis in relation thereto; and in determining the terms of office, and the times and manner of elec- tion of members of the Board of Park Commissioners, the provisions of the charter of the city of Minneapolis in relation thereto shall govern so far as the same are in conflict with the above entitled act." The amendments to the City Charter make the terms of Commissioners elected in April, 1887, expire on the first Monday in January, 1891-all other terms in January, 1889. At the election in 1888 four Commissioners are to be elected to serve for four years and four to serve for six years, from the first Monday in January following, and thereafter four Commissioners are to be elected at each biennial election, to serve for six years. 314 MINNEAPOLIS BOARD ACTS. Commissioner not to be inter- ested in con- tracts. May receive compensation for lands. Park system. Surveys and plats. Title, how acquired. Condemnation proceedings. How perfected. Parks and ParkwayS. No Commissioner shall be interested in any contract made under the authority of said Board, or in any lands to be acquired by said Board, except that if any Com- missioner shall be the owner of or interested in any lands which may be designated or appropriated for the uses of this act, he shall be entitled to receive compensation therefor as provided herein, but shall not act officially in respect to any matter in which he may be pecuniarily in- terested. 1SEC. 2. The Board of Commissioners herein appointed and their successors, shall have power and it shall be its duty to devise and adopt a system of public parks and parkways within ¹and adjacent to the limits of and for the use of the city of Minneapolis, to designate the lands and grounds to be used and appropriated for such pur- poses, to cause the same to be surveyed, platted, and the plat thereof to be filed in the office of the City Engineer, and upon obtaining title or the right of possession to the same or any part thereof, to take possession of, hold, govern and administer the same, and to lay out and im- prove the same, according to such plan as the said Board may adopt for such purposes. Sec. 3. The said Board of Commissioners and their successors shall have power, and it is hereby authorized, to obtain title for and in the name of the city of Minneap- olis, to any lands so designated by it for the purposes of this act, by gift, devise, purchase or lease, and shall have power to accept and receive donations of money, property or lands for the use of the said city for the purposes con- templated in this act. SEC. 4. The said Board of Commissioners shall have power and it is hereby authorized to condemn for the use of said city, any tract or tracts, parcel or parcels of land, or any interest therein which it may have designated as hereinbefore provided in the second (2d) section of this act, and when such condemnation shall have been com- pleted and the lands paid for as herein provided, the title to such lands shall pass and be vested in fee simple in the said city. For the purpose of making and perfecting such con- demnation, the said Board of Commissioners shall proceed in the manner following: L MINNEAPOLIS BOARD ACTS. 315 PARKS AND PARKWAYS. 2 First (1). The Board of Park Commissioners shall give the parties owning the land they desire to con- demn at least ten (10) days notice in person and by publication in the official newspaper of said city, fix- ing the time and place where they will meet said land owners to appoint Appraisers who shall award the damage which may be occasioned by the taking of said property for park purposes. Property own- ere to be notified. select The Board of Park Commissioners and the land Meeting to owners shall meet at the time and place fixed as above appraisers. named and shall appoint as many Appraisers as there may be wards in said city, selecting one from each ward, who shall be a disinterested freeholder and qualified voter of said city. One-half of said appraisers shall be selected by How selected. the Board of Park Commissioners and one-half by the parties present, whose land is to be condemned, to view the premises and appraise the damages which may be occasioned by the taking of private property or otherwise in making said improvements. be notified. neglect. Said Appraisers shall be notified as soon as practic- Appraisers to able, by the Secretary of said Board to attend, at a time to be fixed by him, for the purpose of qualifying and entering upon their duties, and in case any such Appraiser, upon being so notified, shall neglect or re- fuse to attend as aforesaid, he shall forfeit and pay a Penalty for fine to said city, not exceeding fifty dollars ($50), and shall be liable to be prosecuted therefor before the Municipal Court of said city as in case of fines imposed for violation of an ordinance of said city. And the Appraisers in attendance shall be author- fill vacancies. ized to appoint another Appraiser or Appraisers in place of any absentee or absentees aforesaid selected in each case from the ward not represented, and pos- sessing the qualifications aforesaid. Appraisers to Risti vacant District Court 2In all cases of vacancy of Appraisers, such vacancy shall be filled by the District Court of Hennepin cies. county upon the hearing and recommendation of the Board of Park Commissioners and the parties whose land is to be condemned, which hearing shall be had upon personal notice of at least eight (8) days, or if any of the parties interested in such lands are with- out the State of Minnesota and have no place of resi- dence therein, then such notice may be made by Personal no- tice, when and how. 316 MINNEAPOLIS BOARD ACTS. Notice by publication. Appraisers to be sworn. Appraisers to give notice of meeting. Meetings and adjournments. Appraisement. When build- ings on lands. Damages, how determined. estates. PARKS AND PARKWAYS. publication in the official paper of said city of Min, neapolis, for at least ten (10) days before the time of such hearing. Second (2). The Appraisers shall be sworn to discharge their duty as Appraisers in the matter with impar- tiality and fidelity, and to make due return of their acts to the Board of Park Commissioners. Third (3). The said Appraisers shall, with all reason- able speed, give notice by publication in the official newspaper of said city for at least ten (10) days, to the effect that a plat of the lands designated by the Board of Park Commissioners has been filed and that the said Appraisers will meet at a place and time designated by them, and thence proceed to view the premises, and appraise the damages for property to be taken, or which may be damaged by such improve- ment. Fourth (4). At the time and place, according to said notice, the said Appraisers shall view the premises and may hear any evidence or proof offered by the parties interested, and adjourn from day to day for the purpose aforesaid. When their view and hearing shall be concluded, they shall determine and appraise the amount of damages to be paid to the owner or owners of each parcel of property proposed to be taken or which may be damaged by such improvement. Fifth (5). If there should be any building standing in whole or in part upon the land to be taken, the said Appraisers shall in each case determine the amount of damages which should be paid to the owner or own- ers thereof in case such building, or so much thereof as may be necessary should be taken, and shall also appraise and determine the amount of damages to be paid such owner or owners, in case he or they should elect to remove such building; and the dam- ages in relation to building aforesaid shall be ap- praised separately from the damages in relation to the land upon which they are erected. Separate 3 Sixth (6). If the lands and buildings belong to different persons, or if the land be subject to lease, mortgage or judgment, or if there be any estate in it less than }. 17 ! I MINNEAPOLIS BOARD ACTS. 317 | PARKS AND PARKWAYS. Estates. an estate in fee, the injury or damage done to such Separate persons or interests respectively, may be awarded to them by the Appraisers. Awards not to 3 Provided, That neither such award of the Ap- be paid, when. praisers, nor the confirmation thereof by the Board of Park Commissioners, shall be deemed to require pay- ment of such damages to the person or persons named in said award in case it shall transpire that such per- son or persons are not entitled to receive the same. Seventh (7). The said Appraisers having ascertained Report of and appraised the damage aforesaid, shall_make and file with the Secretary of said Board of Park Com- missioners, a written report to said Board of Park Commissioners, of their action in the premises, em- bracing a schedule or appraisement of the damages Schedule and in each case, with a description of the land and names descriptions. of the owners, if known to them, and also a statement of the cost of the proceedings. Appraisers. 4*Eighth (8). Upon such report being filed, the Sec- Notice of filing retary of the Board of Park Commissioners shall of report. give at least ten (10) days' notice (in person) which notice shall be served upon all persons interested in such lands personally and by publication in the offi- cial paper of said city of Minneapolis for the same time* 5 Ninth (9). The damages appraised shall be paid out of the park fund and shall be so paid or tendered or be deposited and set apart in the treasury of said city, to and for the use of the parties entitled thereto, within six (6) months after the confirmation of such appraisement and report; but in case any appeal or appeals shall be taken from the order confirming said appraisement, then the amount of such damages shall * As amended by section 1, chapter 19. Special Laws of 1887. The intention was, probably, onl to so amend as to require personal as well as public notice, the subdivision before such amendment reading as follow: "(8). Upon su h report heing filed, the Secretary of the Board of Park Commissioners shall give at least (10) days' notice by publication in the official newspaper of said city, to the effect that said appraisement has been returned, and that same will be confirmed by the Board of Park Commissioners, at a meeting thereof to be named in said notice, un- less objections are made in writing by persons interested in any land required to be take. Any persons interested in buildings standing in whole or i part upon any land required to be taken by such improvement shall, on or before the time speci- fied in such notice, notify the said Board of Park Commissioners in writing of their election to remove such building. The Board of Park Commissioners, upon the day fixed for the consideration of such report, or at such subsequent meetings to which the same may stand over or be referred, shall have power in their discretion to confirm, revise or annul the appraisement, giving due consideration to any ob- jectious interposed by parties interested.' Damages to be paid from park fund. } 1 318 MINNEAPOLIS BOARD ACTS. Deposit, when appeal is taken. Land not to be taken, until damages paid. Board may deposit amount of award in Court. When owner elects to re- move build- ings. Removal before payment. When owner elects not to remove build- ings. Failure to re- move same. Proceedings when owner under legal disability. Parks and ParkwayS. not in any case be required to be paid, or tendered, or deposited and set apart as aforesaid, until thirty (30) days after the determination of all appeals which shall have been so taken. "The land and property required to be taken for the purposes aforesaid shall not be appropriated until the damages awarded to the owner thereof shall have been paid or tendered to such owner, or deposited and set apart for his use as aforesaid; and in case the said Board of Park Commissioners shall be un- able to determine to whom the damages so awarded should in any particular case be paid, or in case of disputed claims in relation thereto, the amount of damages in any such case may be deposited by order of the Board of Park Commissioners, in the District. Court of Hennepin county, and said Court, upon the proper application of any person claiming the award, or any part thereof, shall determine to whom the same shall be paid. Tenth (10). In case any owner or owners of buildings as aroresaid, shall have elected in manner aforesaid to remove his or their buildings, he or they shall so remove them within thirty (30) days from the con- firmation of said report, or within such further time as the Board of Park Commissioners may allow for the purpose, and shall thenceforth be entitled to pay- ment from said park fund of the amount of damages awarded in such case in case of removal. When such person or persons shall not have elected to remove such buildings, or shall have neglected. (after having elected to remove) to remove the same within the time prescribed, such buildings, or so much thereof as may be necessary, upon payment or depositing the damages awarded for such taking in manner aforesaid, may be taken and appropriated, sold or disposed of as the said Board of Park Com- missioners shall direct, and the same or the proceeds. thereof shall belong to the said park fund. Eleventh (11). When any known owner of lands or tenements affected by any proceeding within this act, shall be an infant, or shall labor under any legal dis- ability, a Judge of the District Court of Hennepin county may, upon application of said Commissioners, MINNEAPOLIS BOARD ACTS. 319 I PARKS AND Parkways. or of said Board of Park Commissioners, or such Appointment of guardian. party or his next friend, appoint a suitable guardian for such party, and all notices required by this act shall be served upon such guardian. confirmation. Twelfth (12). Any person whose property is proposed Objection to to be taken or interfered with under any provisions of this act, and who deems that there is any irregu- larity in the proceedings of the said Board of Park Commissioners, or action of the Appraisers, by reason of which the award of the Appraisers ought not to be confirmed, or who is dissatisfied with the amount of damages awarded to him for the taking of or inter- When and how ference with his property, may at any time before such made. award shall be confirmed by the Board of Commis- sioners, file with the Secretary of said Board, in writ- ing, his objection to such confirmation, setting forth therein specifically the particular irregularities com- plained of, and containing a description of the prop- erty affected by such proceedings. Right of And if, notwithstanding such objections, the said Board shall confirm the award, such person so ob- appeal, when. jecting shall have the right to appeal, from such order of confirmation of the Board, to the District Court of the county of Hennepin, at any term, within ten (10) days after such order. appeal. Such appeal shall be made by serving a written Appeal, how notice of such appeal upon the Secretary of said made. Board which shall specify the property of the appel-. lant affected by such award, and refer to the objec- tion filed as aforesaid; and by also delivering to said Secretary a bond to the City of Minneapolis, exe- Bond on cuted by the appellant, or by some one on his behalf, with two (2) sureties who shall justify in the penal sum of fifty dollars ($50) conditioned to pay all costs that may be awarded against the appellant. Thereupon the said 'Secretary shall make out and transmit to the Clerk of the said District Court a copy of the award of said Commissioners, as con- firmed by the Board, and of the order of the Board confirming the same, and of the objection filed by the appellant as aforesaid, all certified by said Secretary to be true copies, within ten (10) days after the tak- ing of such appeal. Certified copy of award and objection. 320 MINNEAPOLIS BOARD ACTS. Certified copy, when more than one appeal. Cowt proceedings. Case to have precedence. Judgment. No appeal. Court may appoint appraisers. Parties to be heard. Duties of. appraisers. Rules for appraisers. PARKS AND PARKWAYS. But if more than one (1) appeal be taken from any award, it shall not be necessary that the Secretary, in appeals subsequent to the first (1st), shall send up anything except a certified copy of the appellant's objection. There shall be no pleading on such appeal, but the Court shall determine in the first instance whether there was in the proceedings any such irregularity or omission of duty, prejudicial to the appellant and specified in said written objections, that as to him the award or appraisement of the Appraisers ought not to stand, and whether said Appraisers had juris- diction to take action in the premises. The case may be brought on for hearing on eight (8) days' notice, at any general or special term of the Court, and shall have precedence of other civil cases; and the judgment of the Court shall be either to confirm or annul the proceedings only as the same affects the property of the appellant proposed to be taken or damaged and described in said written ob- jection. From such determination no appeal nor writ of error shall lie: In case the amount of damages awarded is com- plained of by such appellant, the Court shall, if the. proceedings shall be confirmed in other respects upon such confirmation, appoint three (3) disinter- ested freeholders, residents of said city, Appraisers to re-appraise such damages. The parties to such appeal shall be heard by said Court upon the appointment of such Appraisers, and the Court shall fix the time and place of meeting of such Appraisers. They shall be sworn to the faithful discharge of their duties as such Appraisers, and shall proceed to view the premises and to hear the parties interested, with their allegations and proofs pertinent to the question of the amount of such damages. Such Appraisers shall be governed by the same pro- visions in respect to the method of arriving at the amount of damages, and in all other material re- spects, as are in this act made for the government of Appraisers appointed by said Board. MINNEAPOLIS BOARD ACTS. 321 Parks and PARKWAYS. appraisers. They shall, after such hearing and view of the Report of premises, making report to said Court of their ap- praisal of damages in respect to such appellant. when. The award of such Appraisers shall be final, unless Award final, set aside by the Court for good cause shown. In case such report is set aside, the Court may, in New its discretion, re-commit the same to the same Ap- when. appraisers, praisers or appoint new Appraisers, as it shall deem best, but no appeal or writ of error shall be allowed from any order of the Court in the premises. of appraisers, Said Court shall allow a reasonable compensation Compensation to such Appraisers for their services, and make such costs, eto. award of costs on such appeal, including the com- pensations of such Appraisers, as it shall deem just in the premises. In case the Court shall be of opinion that such ap- Double costs, peal was frivolous or vexatious, it may adjudge when. double costs against such appellant. abandon 6 The Board of Park Commissioners shall have the Board may right, at any time during the pendency of any pro- proceedings. ceedings for the acquisition of lands for any improve- ment authorized by this act, or at any time within thirty (30) days after the final disposition by the Court of all appeals taken in such proceedings, to abandon all such proceedings in respect to the whole improvement or any part thereof, whenever they shall deem it for the interest of the city so to do. "Provided, If they abandon all such proceedings in Attorneys' fees respect to the taking of such land for park purposes, and do not take the same, then they shall pay all attorneys' fees and expenses incurred by said property owners in all proceedings of said condemnation, which in the first instance may be agreed upon be- tween the Board of Park Commissioners and said land-owners, or if said parties should fail to agree How then such fees and expenses shall be fixed by the ascertained. District Court of said Hennepin county after notice. of at least eight (8) days to either of such parties by the other party to said condemnation proceeding. and expenses. to make description of Thirteenth (13). As soon as said proceedings for ac- Commissioners quiring the title to such lands shall have been com- pleted, it shall be the duty of said Commissioners to make or cause to be made an accurate description of land. 322 MINNEAPOLIS BOARD ACTS. Statement of award, etc. To be recorded. How recorded, effect of. Plats to be recorded Board to determine percentage of benefits. Park assessors to be appointed. Notice of application for appointment. Court to appoint assessors. Duties of assessors. PARKS And Parkways. all such lands as shall have been so acquired, with a statement of the amount of damages awarded and paid to each former owner for the land so acquired, which shall be certified by the President and Secre- tary of said Board, under the official seal of the said Board, and be filed for record in the office of the Register of Deeds of said county of Hennepin. And it is hereby made the duty of said Register of Deeds to record the same among the records of transfers of real estate in said county, which records shall be prima facie evidence of title to such land, and of the transfer of all the interest of such former owner in the same to said city of Minneapolis. It shall also be the duty of said Commissioners to file with said Register of Deeds correct plats of all such lands as they may acquire for the purposes of this act, which shall be kept on file and of record in the office of said Register of Deeds in like manner as plats of additions to the city of Minneapolis. 8 SEC. 5. As soon as the amount required for the pur- chase and condemnation of the lands selected for any park or parkway shall have been ascertained by said Board of Park Commissioners with reasonable certainty, it shall determine what percentage, if any, of the amount so as- certained shall be assessed upon the lands benefited by said park or parkway, and it shall apply to the District Court of Hennepin county for the appointment of three (3) freeholders of the City of Minneapolis as Park Asses- sors. Notice of such application shall be given by publication thereof in the official newspaper of said city, at least six (6) days successively, the last of which publication shall be at least three (3) days prior to the date fixed there- for; and all persons interested may appear and be heard by the Court touching said appointment. After such hearing the Court shall appoint three (3) disinterested Assessors, who shall proceed to assess upon such lots, blocks, tracts and parcels of land in the City of Minneapolis, as they shall deem to be specially benefited by such park or parkway, whether such lands shall adjoin and abut upon such park or parkway or not, such sum as they shall deem a just proportion, respectively, of the total sum so to be assessed for benefits. MINNEAPOLIS BOARD ACTS. 323 Parks and PARKWAYS. Assessors to include all lands benefitted. And the determination of said Assessors as to what lots, blocks, and parcels of land are specially benefited shall be deemed to include all the lands so specially benefited. In case of the purchase of lands for any such parks or Purchase of parkways, or of any part thereof, it shall be competent lands. for said Board of Park Commissioners to agree with the vendor or vendors of the lands so purchased, upon a price therefor, which may, in addition to the purchase price Exemption thereof, include exemption from an assessment for bene- assessment. fits upon any remaining contiguous or adjacent lands. owned by such vendor or vendors. from And in that case such remaining lands shall be free When exempt. from any liabilities to assessment and contribution for benefits to be assessed upon lands as in this act provided. Record of exempted In all such cases a record shall be made by said Board, specifying the lands so to be exempted, which shall be lands. filed in the office of the Secretary of said Board, and may be recorded in the office of the Register of Deeds of Hen- nepin county. sworn. Before proceeding to act under such appointment, the Assessors to be said Assessors shall make oath before the Clerk of the said District Court, faithfully and impartially to discharge the duties of their said office; and shall then give notice, by publication thereof, for six (6) successive days, in the official newspaper of said city, the last of which publica- Notice of tions shall be at least three (3) days before the time of meeting, of the time and place of the meeting for the purpose of making said assessment. meeting. Parties to be All parties interested may appear before said Assessors and be heard touching any matter connected with the heard. assessment. The Assessors shall have power to administer oaths to Meetings of witnesses, and shall hear and consider any pertinent tes- assessors. timony offered; and they may adjourn their meetings from time to time, until the assessment is completed. When completed the assessment shall be signed by the Assessment to Assessors or by a majority who shall concur therein, and be filed. shall be returned to and filed in the office of the Clerk of said District Court. The Board of Park Commissioners shall cause to be Notice of filing published in the official newspaper of the city of Minne- apolis, at least six (6) days successively, a notice of the 324 MINNEAPOLIS BOARD ACTS. Confirmation of assessment. Notice of confirmation and service. Vacant lands. Confirmation to bind all parties. New assessment, when. Parties to be heard. Objections not available, when. Copy of confirmation to be filed. PARKS AND PARKWAYS. filing of said assessment roll, and that they will, on a day named therein, apply to said Court for the confirmation of said assessment, the last of which publications shall be at least five (5) days prior to said application. Said notice shall set forth the boundaries of the district in which said assessments have been levied, and a copy thereof shall be served personally upon the occupant, if any, of said several tracts or parcels of land described therein, by leaving the same with such occupant or some member of his family upon said premises, at least five (5) days prior to the date of such application. Proof that any of such tracts or parcels of land were vacant or unoccupied at the time when such service would have otherwise been made, may be made by affidavit. And the confirmation of such report by the Court, upon service by publication and copy as aforesaid, shall bind the owners and all parties interested in said lands in all respects as though personal service had been made upon each. Said District Court shall have power to revise, correct, amend or confirm said assessment, in whole or in part, and may make or order a new assessment, in whole or in part; and the same revise, correct, amend and confirm upon like notice. All parties interested may appear before said Court at the time of such application and object to said Assess- ment, either in whole or in part, but all objections shall be in writing, specifying the tracts or parcels of land in re- spect to which objection is made, and shall be filed at least two (2) days before the time fixed for the applica- tion. Objections which relate merely to the amount assessed upon the premises specified shall not be available unless the Court shall be satisfied that the Assessors in fixing such amount were governed by improper motives, or proceeded upon erroneous principles, or under an obvious mistake of facts. After the confirmation of such report the Board of Park Commissioners shall cause a copy thereof, as amended and confirmed, to. be filed in the office of the Auditor of Hennepin county; and the copies of such assessment rolls as have heretofore been filed in the office of the Clerk of said Court shall be transferred to and filed in the office of said County Auditor. : MINNEAPOLIS BOARD ACTS. 325 PARKS AND Parkways. lien-10 per Such assessments shall be a lien upon the several tracts Assessments or parcels of land so assessed for benefits as aforesaid, cent. to be and ten (10) per cent. of the amount thereof shall be due paid annually and payable annually. The Auditor of said Hennepin county shall include in the general tax list for the collection of State, county and city taxes, ten (10) per cent. of said assessment for each year until the whole sum is paid, setting opposite the several tracts or parcels of land assessed the amount of such assessment in an appropriate column, to be headed "Park Assessments;" and like proceedings in all respects shall be had for enforcing the collection of the same as is now provided by law for the collection of State, county and city taxes. To be included in general tax list. How collected. are subdivided. In case any of the tracts or parcels of land which have When tracts been, or which may hereafter be, assessed for benefits as aforesaid, have been, or shall hereafter be, replatted or otherwise subdivided, said County Auditor shall have power to apportion the amount originally assessed thereon among the several lots, blocks or parcels into which the Auditor to same has or shall be so subdivided, in such manner that the several subdivisions thereof shall bear their just pro- portion of the benefit tax as so assessed and confirmed. subdivide tax. Auditor's Said County Auditor shall provide and keep as one of the records of his office a suitable book or books in which record. he shall enter the several tracts and parcels of land so as- sessed, with a statement of the amounts assessed thereon respectively, and all payments made on account of such assessments, together with such other facts in relation Compensation thereto as he may deem advisable, and the Board of Park of auditor. Commissioners may compensate said Auditor for such ser- vices in any sum not exceeding five hundred (500) dollars. If the owner of any tract or parcel of land assessed as aforesaid shall at any time make payment of such sum as being but simple interest at seven (7) per cent. per annum would amount to the sum of the several installments of such entire assessment at the time they would respec- Lands freed tively become due under the provisions of this section, from lien. the said lands shall henceforth be free from the lien of the assessments so paid and discharged. Entire paid. ment may be SEC. 6. For the cost of acquiring a title to lands for Board may said parks and parkways, if it shall be authorized so to do borrow money by a majority of the legal voters of the City of Minne- 326 MINNEAPOLIS BOARD ACTS. Board may borrow money. Park bonds. Interest. Issue of bonds limited. Register of bonds. Parks pledged for bouds. Sale of bonde. Sums to be realized. Estimate for tax levy. PARKS AND Parkways. apolis, voting in the manner hereinafter provided, the said Board of Park Commissioners shall have power to borrow from time to time, for such time as it shall think expe- dient, not exceeding fifty (50) years, a sum of money the annual interest upon which, for all the moneys so bor- rowed, shall not exceed twenty-five thousand dollars ($25,000), and for that purpose shall have authority to issue bonds of the City of Minneapolis, to be denomin- ated "Park Bonds," secured upon said parks and the im- provements thereon, which bonds shall issue under the seal of said Board of Park Commissioners, and shall be signed by the President and Secretary of the said Board, and countersigned by the Comptroller of the city of Minneapolis, and shall bear interest not exceeding four and a half (4%) per cent. per annum. Provided, however, That no more than two hundred thousand dollars ($200,000) of said bonds shall be issued during the year 1883, and in no case shall bonds be issued by said Commissioners so that the bonded debt of the city shall exceed the limit fixed by law. It shall be the duty of said Board of Park Commission- ers and of the City Comptroller to keep an accurate reg- ister or all bonds issued, showing the amount, number and date of each bond. And for the payment of the principal and interest of said bonds, the said parks and improvements thereon shall be irrevocably pledged with a first lien thereon, and the City of Minneapolis shall be irrevocably bound. And said bonds may be sold by said Board of Park Commissioners upon such terms and for such prices as in its judgment are the best which can be obtained for the same. Provided, That the sums realized by said Park Commis- sioners from the sale of such bonds shall be equal to or exceed a sum four and a half (4%) per cent. upon which shall equal or exceed the amount of annual interest pay- able on the bonds so sold. SEC. 7. The said Board of Park Commissioners shall annually, on or before the first (1st) day of October in each year, transmit to the Auditor of Hennepin county, an esti- mate, in writing, of the amount of money necessary for the payment of interest on bonds issued by said Board, and that will be required for the purchase, improvement, main- | MINNEAPOLIS BOARD ACTS. 327 PARKS AND PARKWAYS. tax levy. tenance and government of said parks and parkways dur- Estimate for ing the succeeding year, which amount shall not exceed what will be raised by a tax of one (1) mill upon each dol- lar of valuation of the taxable property in said city. Auditor to de- termine per And the said Auditor shall proceed to determine what per cent. said sum is on the taxable property of said city, centage. according to the Assessor's returns, and shall in the next general tax list for the collection of city, State and county Tax-list. taxes in said city set down the amount chargeable to the several persons, corporations, lots or parcels of ground in a separate or appropriate column. And the proper officers shall proceed to to collect the Tax collections same in the manner now provided by law for the collec- tion of city, State and county taxes, and all the provis- ions of law in respect to the collection of city, State and county taxes, and proceedings to enforce the same, so far as applicable, shall apply to said assessments and taxes. Moneys, how The said sum of money, together with all other moneys credited. provided for the purpose of this act, shall be placed by the Treasurer of the city of Minneapolis to the credit of said Board of Park Commissioners and shall be drawn by Warrants, how said Board from the City Treasurer by warrant, signed by drawn. the President and Secretary of the Board, and counter- signed by the City Comptroller, and in no other way, and shall constitute a special fund, to be known and denom- inated the "City Park Fund." roads, etc. *SEC. 8. It shall be lawful for said Board of Commis Vacation of sioners to vacate and close up any and all public roads and highways, excepting railroads, which may pass through, divide or separate any lands selected or appro- priated by it for the purpose of parks; and no such road, Construction highway or railroad shall be laid out through said parks, or any of them except as the said Board of Commission- ers shall lay out and construct or shall consent thereto. of roads. viaducts. 9 †SEC. 9. The said Board shall have power to con- Bridges and struct all necessary bridges and viaducts over water courses and railroads within or on the line of said parks and parkways. *See section 3, 8hapter 8, City Charter, (page 92, ante) as to vacation of bridgways. † See section 9, chapter 8, (page 94, antè), as to bridges crossing railways, etc. 328 MINNEAPOLIS BOARD ACTS. Parks and Parkways. Control of lakes, streams, etc. 9*Whenever the title shall have been acquired for the purpose of this act, to the lands constituting the shore or shores of any stream of water, lake or pond, said Board may regulate and control the use of such shore or shores and of the waters contiguous thereto, and in case such ownership shall embrace the entire shore of any such lake or pond, said Board is hereby empowered to take and penalties. and have exclusive charge and control of the waters of said lake, and may in all things regulate and govern the use of such waters, and may prescribe penalties for the violation of such rules and ordinances as it may adopt for that purpose. Regulations Boats. Commissioner • Provided, That said Board shall not prohibit the use of sail or row boats on such waters. SEC. 10. The said Commissioners, or either of them, removed, how. may be removed from office by the District Court of said county, after trial and conviction, upon the petition, with sworn charges, presented by not less than ten (10) reput- able freeholders of said city, if it shall appear at said trial, that the said Commissioner or Commissioners have been guilty of misdemeanor or malfeasance in office under this Non-attend- ance. Vacancy. Benefit-funds, how expended. Parks, etc., perpetual. act. SEC. II. The office of any Commissioner under this act who shall not attend meetings of the Board for three (3) successive months, after having been duly notified of said meetings, without reasons satisfactory to the Board or without leave of absence from said Board, may by said Board be declared, and thereupon shall become vacant. SEC. 12. The funds which may be received for and upon the special assessments of benefits herein provided. for, shall be paid into the city treasury as a part of the park fund, one-half (%) of which benefit money shall be expended in the improvement of the park or parks on account of the benefits of which such money was as- sessed. 10SEC. 13. The lands which may be designated and obtained under the provisions of this act shall remain for- ever for parks and parkways for the use of all the inhabi- tants of the said city, subject to such rules and regulations as the Board of Park Commissioners shall prescribe; said * See section 1, chapter 8, City Charter, (page 88, ante), as to control of streams etc. MINNEAPOLIS BOARD ACTS. 329 Parks and ParkwayS. Parks subject parks being subject to the lien of the bonds which may Park for be issued for their purchase, which lien in case of non- bonds. payment of said bonds at the maturity thereof, may be enforced by sales pursuant to any decree of a Court of competent jurisdiction. doned realty. 10 Provided, That whenever the title to any piece or parcel Sale of aban- of real estate that has been or may hereafter be acquired under the provisions of this act, either by purchase or condemnation, and the proceedings for the establishment of the particular park or parkway of which said piece or parcel of land was designated to form a part, has been or When and how may hereafter be abandoned by said Board, as by this act authorized, in consequence or which abandonment said piece or parcel of land has or may become unavailable as a part of said park system, such lands may be sold and conveyed by deed executed by the President and Secre- tary of said Board at such price and upon such terms as said Board may direct or approve. Court to 10 No such sale shall be valid, however, unless author- ized by the District Court of Hennepin county, by its or- authorize sale der describing the premises to be sold and entered upon the petition of said Board, after a hearing of all interested parties, upon such notice, by publication or otherwise, as such Court may prescribe. 10 And said District Court is hereby empowered to make and enforce all such orders, judgments and decrees, as it may deem proper in the premises and all conveyances so authorized and executed shall vest in the grantee all right, title and interest of the city of Minneapolis in such lands acquired by such condemnation or purchase. Court powers title. relative to ordinances. 11*SEC. 14. 11 Said Board shall have power to adopt rules Rules and and ordinances to secure the quiet, orderly and suitable use and enjoyment of said parks and parkways by the people, and to fix and ordain penalties for the violation thereof, which ordinance shall take effect from and after the publication thereof in the official paper of said city; How enforced. and the same shall be enforced by prosecution in the Mu- nicipal Court of said city as in the case of other ordi- nances of said city. 11The Mayor of the City of Minneapolis shall, upon re- Park Police. quest of the Board of Park Commissioners, appoint as Po- licemen such persons as said Board may request, and *See, also, Chapter 9, Special Laws of 1887, creating Police Commission, [Chapter 6, City Charter.] 330 MINNEAPOLIS BOARD ACTS. - 1 Park Police. Act to be accepted by voters. Ballots. Board to act, when. Not to act, if. Inconsistent acts repealed. Act to take effect. PARKS AND PARKWAYS. which Policemen shall be under the control and direction of said Board and may be discharged by said Board; and said Board shall provide for the payment of such Police- men out of the Park Funds. SEC. 15. The Board of Commissioners appointed by this act, or their successors, shall take no proceedings for the condemnation or purchase of lands, or the issue or sale of bonds, until the provisions of this act shall have been accepted by the legal voters of the City of Minne- apolis at the annual city election in said city, to be held on the first (Ist) Tuesday in April, one thousand eight hundred and eighty-three (1883). The legal voters of said city shall vote upon the accept- ance of said provisions:" Park System, Yes," or "Park System, No," which said votes shall be cast, canvassed and certified in the manner now provided by law or ordi- nance for casting, canvassing and certifying votes at a city election. If a majority of the legal voters voting thereon shall vote "Park System, Yes," then the said Board of Commis- sioners shall proceed to exercise all the powers granted in this act. If the majority of such voters voting thereon shall vote "Park System, No," the said Board of Commissioners shall exercise none of the powers specified in this section. SEC. 16. All acts and parts of acts, whether in the Charter of the city of Minneapolis or elsewhere, incon- sistent with any of the provisions of this act, are hereby repealed. SEC. 17. This act shall take effect and be in force from and after its passage. MINNEAPOLIS BOARD ACTS. 331 PARKWAYS. *An Act in Relation to Parkways in the City of Min- SECTION. neapolis. SECTION. 1. Board of Park Commissioners to 3. City Council to Control Water Control.-City Council to Consent. Mains. • Opening, Vacation and Improve- 4. Parkways Outside of City Limits. ment of Streets.-Sidewalks and Sewers. Special Assessments. 5. Inconsistent Acts Repealed. 6. Act to Take Effect. 1 Be it Enacted by the Legislature of the State of Minnesota : I. control SECTION 1. All parkways which have been or which Board to may be acquired in or adjacent to the City of Minneap- parkways. olis shall be subject to the control and government of the Board of Park Commissioners of the said city, in respect to the construction, maintenance, regulation and govern- ment thereof, and to the use, travel and traffic over and upon the same. Provided, That no street, alley or public place, or any part thereof, shall be made a parkway without the con- sent of the City Council of said city. Consent of Council when. Powers of Board relative to parkways. +SEc. 2. The said Board of Park Commissioners shall have and exercise all such powers and jurisdiction over and in relation to parkways as now is or hereafter may be conferred upon the City Council in respect to the lay- ing out, opening, vacation and discontinuance of streets, Opening and the grading, paving and curbing thereof, the construction vacation of of sidewalks and sewers, and the levying and collection of special assessments for the cost of the same. streets, etc. Council may mains. lay water SEC. 3. The City Council of said City of Minneapolis shall have the same power and jurisdiction in respect to laying water mains along parkways in the said city as it now has in respect to laying the same along the public streets, and the same proceedings for levying and collect- Assessments, ing special assessments for water mains along such streets shall apply to levying and collecting the same for water mains laid along the parkways. *Approved March 9, 1885, chapter 304, Special Laws. †See section 3, chapter 8, City Charter (page 92, ante) as opening and vacation of streets, etc. etc. 332 MINNEAPOLIS BOARD ACTS. I Lands outside city limits. Inconsistent acts repealed Act to take effect. PARKS AND PARKWAYS. SEC. 4. The said Board of Park Commissioners may acquire by gift lands without the corporate limits of said city, for the purpose of continuing or completing any system of parkways within said limits, and shall possess the same powers and jurisdiction over said parkways as if they were wholly within the city limits. SEC. 5. All acts and parts of acts, whether in the Char- ter of the city of Minneapolis or elsewhere, inconsistent with any of the provisions of this act, are hereby repealed. SEC. 6. This act shall take effect and be in force from and after its passage. AMENDMENTS TO PARK BOARD ACT. FROM 1885 TO 1887, INCLUSive. The Note Numbers in first column correspond with the small figures used for references in the Act as printed herein, ante. See also "Summary of Legislative Acts Relative to the City of Minneapolis," etc., supra. Note No. Division of Act. Section 1-See, also... 1 Section 2.. 2 Section 4-Subd'n 1. 3 6. • 8.. 9 to read.. 6 7 12.. 12. 8 Section 5-to read.. 9 Section 9... 10 Section 13.... 11 Section 14-to read. • Approved. Year. Chap. Sec. March 5 1887 20 Feb. 26 1887 18 1 Feb. 22 1887 19 1 Feb. 24 1885 96 1 Feb. 22 1887 19 2 Feb. 24 1885 96 · Feb. 24 1885 96 Feb. 22 1887 19 3 Feb. 24 1885 96 4 Feb. 26 1887 18 Feb. 26 1887 18 Feb. 26 1887 18 4 } MINNEAPOLIS BOARD ACTS. 333 *CITY FORESTER. SECTION. 1. Provisions in Chapter Four, City Charter, Relating to City Forester and Planting of Shade Trees, Re- pealed. SECTION. 2. Park Commissioners May Appoint City Forester.-Duties and Com- pensation.-Ordinances. 3. Act to Take Effect. Be it enacted by the Legislature of the State of Minnesota, SECTION I. Inconsistent That the twenty-ninth (29th) subdivision of an act entitled "An Act to Amend and Consolidate the act repealed. Charter of the City of Minneapolis," approved March 8th, 1881, be and the same is hereby repealed. Planting of SEC. 2. That the Board of Park Commissioners of the City of Minneapolis shall hereafter have authority to direct and shade trees. regulate the planting and preservation of shade and orna- mental trees and shrubbery in the streets, alleys and pub- lic grounds of said city, and to appoint, upon the recom- mendation of its President, a City Forester whose general duties shall be to inspect, and in his discretion condemn, City Forester. any trees or shrubs offered for sale in said city; to super- intend and regulate the planting and culture of the same duties. in said streets, alleys and public grounds; and to perform Powers and such other similar duties as said Board may by ordinance prescribe. Ordinances. Said Board is also authorized to enact such ordinance or ordinances as it may deem proper to carry out the pur- poses of this act; and shall provide for the proper com- Compensation, pensation of such City Forester, to be paid out of the park funds. SEC. 3. This act shall take effect and be in force from Act to take and after its passage. *"An act to repeal subdivision 29, section 5, chapter 4, of the Charter of the City of Minneapolis, and to confer the power thereby granted upon the Board of Park Commissioners of said city." Approved February 19, 1887; see Special Laws, Chapter- effect. Index to Board Acts at end of "Minneapolis City Ordinances." 1 PART V. RULES-REGULATIONS I. CITY COUNCIL. II. BOARD OF EDUCATION. III. PARK COMMISSION. IV. COURT HOUSE AND CITY HALL. V. LIBRARY BOARD. VI. POLICE COMMISSION. VII. FIRE DEPARTMENT. MINNEAPOLIS BOARD ACTS. 335 COURT HOUSE AND CITY HALL. *An Act to Create a Board of Court House and City Hall Commissioners. [Approved March 2, 1887.] SECTION. 1. Designation of Site.-Purpose Stated. 2. First Board of Commissioners Terms.-Vacancies, etc.-Compen- sation. 3. Organization and Officers.-Oath of Office, Bonds, etc. 4. Board May Purchase or Condemn Lands.-Site to be Conveyed, how. -Rules and By-Laws. 5. Transfer of School House Site.- Board of Education. 6. Appraisers,How Appointed.-Notices and Hearing.-Standing Buildings. -Separate Damages, when.-Re- port of Appraisers. 7. Removal of Buildings.-Action on Appraisers' Report.-Re-appraise- ment, when.-Payment of Dam- ages.-Deposit in Court, when.- Failure to Remove Buildings.— Disability of Owners. 8. Objections and Appeals.-Bond for Costs.-Copy of Record.-Plead- ings, Proceedings, etc.-No Ap- peal or Writ of Error. SECTION. 9. Description of Lands Taken, etc., to be Recorded.-Duty of Register of Deeds.-Record prima facie Evidence of Title. 10. Building to be Erected.-- Court House and City Hall.-Furnish- ings --Prison Labor.-Order of Building.-Passage-ways.--Deeds. 11. Issue of Bonds.-Limit, $1,500,000.- County and City Series.-Bonds a Lien on Land and Building.- Conditions and Restrictions. 12. Each Series Limited to $750,000.- How Issued and Disposed of-- Adjustment Between City and County.-Books and Accounts. 13. County Commisioners to Levy Tax for Interest.-One Per Cent. per Year for Sinking Fund. 14. City Council to Provide for Interest in Tax-Levy.—Sinking Fund One Per Cent. per Year. 15. City Series Not to Increase Bonded Indebtedness of City Beyond a Five Per Cent. Total. 18. Act to Take Effect. Be it enacted by the Legislature of the State of Minnesota. SECTION I. That block seventy-seven (77), in the town Designation (now city) of Minneapolis, in the County of Hennepin and of site. State of Minnesota, be and the same hereby is designated * "An Act to Designate a Site for a Public Building in the City of Minneapolis, to be used as a Court House for Hennepin County and a City Hall for said city, and to create a Board of Commissioners to purchase or condemn said site and to con- struct a suitable building thereon, and to authorize said Board to issue and sell bonds to pay for said site and building." Chapter-, Special Laws of 1887. 336 MINNEAPOLIS BOARD ACTS. Designation of site. Board of Commission- ers. COURT House and CITY HALL. as a site for, and the same shall be the site of, a public building to be erected thereon, as herein provided for, to be used as a Court House for said Hennepin County and a City Hall for the City of Minneapolis, as herein or here- inafter by law provided for. SEC. 2. That William D. Washburn, Charles W. Loring, John C. Oswald, John Swift, Oliver T. Erickson, W. Š. Chowen, David H. Clough, Lars Swenson and Titus Mareck, who are residents and citizens of said county of Hennepin, be and they hereby are appointed Commis- sioners, who, together with their successors in office, to be appointed as herein named, are hereby created and shall Style of Board. hereafter be known and designated as "THE BOARD OF COURT HOUSE AND CITY HALL COMMISSIONERS." Term of office. Vacancies. Compensation. Oath of office. Each of said Commissioners shall hold said office until said site shall have been purchased or condemned as herein provided, and a suitable building for a Court House and City Hall shall have been built, fully com- pleted and furnished, as herein provided. And in case of vacancy occurring in said Board of Court House and City Hall Commissioners, said vacancy shall be filled by the appointment of a suitable person to fill such vacancy, who shall be a resident and citizen of said Hennepin county, to be elected by the remaining mem- bers of the said Board of Court House and City Hall Com- missioners, at any meeting of said Board called for that purpose. No member of said Board shall receive any compensa- tion for his services. SEC 3. Said Commissioners shall as soon as practica- ble, within ninety days after the passage of this act, meet at the Court House in the city of Minneapolis, and each one of said Commissioners shall take an oath before one of the Judges of the District Court of said Hennepin county, to support the Constitution of the United States, the State of Minnesota, and that he will faithfully and Nature of oath. honestly perform the duties of said office, as one of said. Commissioners, and that he will not knowingly permit any fraud, dishonest practice or cheating by any con- tractor or other person, doing work or performing labor in or about the purchase or condemnation of said site, or MINNEAPOLIS BOARD ACTS. 337 COURT HOUSE AND CITY HALL. missioner. the erection or furnishing of said public building contem- Oath of Com- plated by this act; nor will he knowingly permit any such fraud, dishonest practice or cheating by any person or persons whomsoever. Said Commissioners shall elect one of their number to act as President of said Board, and one of its members to act as Treasurer of said Board, each of whom shall hold his respective office until the first Tuesday after the first Monday of January, 1888, unless sooner removed by said Board, and until his successor shall have been elected and shall have entered on the duties of his office; and on every Tuesday after the first Monday of each January thereafter, a like election of President and Treasurer shall take place, who shall hold their respective offices, unless sooner re- moved by said Board, until their successors are elected and enter upon their duties. President and treasurer, Successors. agents. Said Board may appoint a Secretary and such other Secretary and employes and agents, to be paid such compensation as said Board may designate, and as to said Board may seem best. Said Board shall require such proper bond, with two or Treasurer's more good sureties, to be given by said Treasurer to said bond. Board for the benefit of said Board, or said county or city, as the case may be, as said Board shall require. Acquisition of SEC. 4. Said Board shall have the power to acquire in itself, (for the purposes herein named purposes herein named and on behalf block 77. of the county of Hennepin and city of Minneapolis) either by purchase or by condemnation as herein pro- vided, the title to said block seventy-seven (77), but it shall, at the time herein designated, convey such part of Purchase or the same respectively to said county of Hennepin and to said city of Minneapolis, in severalty, as shall be determ- ined upon by said Board and as ought, under the designs of this act, to be conveyed to each said county and said city. condemnation. by-laws. Said Board may make all necessary rules and by-laws Rules and for their own government, or for the government of their employes or agents, or the transaction of its business. SEC. 5. Said Board and "The Board of Education of Sale of block77 the City of Minneapolis," shall have the right to enter into such arrangements as they can agree on for the sale 338 MINNEAPOLIS BOARD ACTS. Board of education, etc. COURT HOUSE AND CITY HALL. of any lands in said block seventy-seven (77), now held or owned for school house or other school purposes, or otherwise, by said The Board of Education of the City of Minneapolis, or by any other Board, trustee or trustees, or corporation, or by said city of Minneapolis, and such Terms of sale. arrangements may include the taking of the bonds here- inafter provided for by said The Board of Education of the city of Minneapolis, or may include the sale of the same on time, on such terms as may be agreed on; or in case satisfactory arrangements cannot be made for such Condemnation sale and purchase of such school house property, or other school property, then the same may be condemned by the Board hereby created, as herein provided, for the pur- poses herein named. of school property, Appraisers appointed, when, Notice of meeting of appraisers. Parties to be heard. Evidence to be taken. Award of damages. SEC. 6. Whenever said Board is unable to make satis- factory arrangements for the purchase of any part of said block seventy-seven (77), said Board, hereby created, shall have the authority and it is hereby authorized to appoint three disinterested citizens of Hennepin county, who shall be freeholders therein, as Appraisers to appraise the damages to the owner or owners or incumbrancers of, or to any person having a lien on or interest in any part of said block seventy-seven (77), or of any portion thereof. Such Appraisers shall, after being duly sworn to faith- fully and impartially discharge their duties, give notice as soon as practicable of the time when and place where they will meet to attend to the business of their appointments, which notice shall be published at least ten days in two daily newspapers published in the city of Minneapolis. And at the time and place specified in such notice they shall proceed to hear all persons interested in the subject of said appraisement, at which time they shall also view the premises. And they may hear any evidence offered by any parties interested, and may adjourn from day to day for the purpose aforesaid. They shall so hear the owner or owners and also any person having any interest in or lien upon any part of said block. When their view and hearing shall be concluded they shall determine the amount of damages to be paid the owner or owners, and to each person who may have any interest in or lien upon any part of said block. 1 t 1 MINNEAPOLIS BOARD ACTS. 339 COURT HOUSE AND CITY HALL. buildings- If there should be any building standing in whole or in Standing part upon any part of said block to be taken, said Ap- Damages. praisers shall in such case determine the amount of dam- ages which should be paid to the owner or owners thereof in case such building, or so much thereof as may be necessary, should be taken. And shall also appraise and determine the amount of When building damages to be paid such owner or owners, in case he or removed. they should elect to remove such building. And the damages in relation to the building aforesaid, Separate shall be appraised separately from the damages in rela- damages. tion to the land upon which the same is erected. owner. If the lands and buildings belong to different persons, Damages, when or if the land be subject to lease, mortgage or judgment, more than one or if there be any estate less than an estate in fee, the injury or damage done such persons, so interested respect- fully, may be awarded to them by the Appraisers. when. Provided, That neither such award made by the Ap- Payments not praisers, nor the confirmation thereof by the Board to be made, herein created shall be deemed to require payments of such damages to the person or persons named in said award,in case it shall transpire that such person or per- sons are not entitled to receive the same. The said Appraisers having ascertained and appraised Award to be the damages aforesaid shall make and file, with the Secre- filed. tary of the Board hereby created, a written report to said Board of their action in the premises, which report shall contain a schedule of the appraisement of damages made Schedule and to each person, with a description of the lands and names description. of the owner, if known to them, and of the interests therein of each person to whom they award damages; and also a statement of the costs of the proceedings. confirmation. Upon the filing of such report the Secretary of the Notice of Board hereby created shall give notice by publication in propo:ed the newspaper in which said Appraisers gave their first notice, by publication therein for ten days, to the effect that said appraisement has been returned and filed with sáid Secretary, and that the same will be confirmed by the Board hereby created, at a meeting thereof to be Objections to named in said notice, unless objections are made, in writ- ing, by persons interested in any land required to be taken. be in writing. 340 MINNEAPOLIS BOARD ACTS. Notice of removal of buildings. Action of board on award. COURT HOUSE AND CITY HALL. SEC. 7. Any persons interested in any building or buildings standing in whole or in part upon any land re- quired to be taken shall, on or before the time specified in such notice, for such confirmation notify said Secre- tary, in writing, of their election to remove such building. The Board hereby created upon the day fixed for the consideration of such report, or at such subsequent meet- ing to which the same may stand over, or be referred, shall have power in their discretion to confirm, raise, re- vise or annul the appraisement, giving due considera- tion to any objections interposed by parties interested; New appraisers and, if so annulled, said Board may appoint other Apprais- ers in like manner as the first Appraisers, to act in the same manner, to reappraise the same. when. Payment or tender of damages. The damages appraised shall be paid by said Board, and shall be so paid or tendered, or be deposited with the Clerk of the District Court of said county, as hereinafter provided, within three months after the confirmation of such appraisement and report; but in case any appeal or appeals shall be taken from the order confirming such ap- praisement, then the amount of such damages shall not in Deposit in case any case be required to be paid or tendered, or deposited with said Clerk of the District Court, as aforesaid, until thirty days after the determination of all appeals which shall have been so taken. of appeal. Payment] befo e possession. Disputed ownership, etc. Buildings, when removed. The land and property required to be taken for the purposes aforesaid, shall not be taken possession of until the damages awarded to the owner thereof, or other person entitled thereto, shall have been paid or tendered to such owner, or deposited with the Clerk of said Court, as here- inafter provided; and in case said Board shall be unable to find the owner or other person to whom such damages are due, in order to pay or tender the same, or in case said Board shall be unable to determine to whom the damages so awarded should in any particular case be paid, or in case of disputed claims in relation thereto, the amount of damages, in any such case, may be deposited by order of said Board in the District Court of Hennepin county. The said Court upon proper application of any person claiming the award or any part thereof, shall de- termine to whom the same shall be paid. In case any owner or owners of buildings, as aforesaid, shall have elected in manner aforesaid to remove his or their buildings, he or they shall remove them within. } ! i MINNEAPOLIS BOARD ACTS. 341 ! Court House and CITY HALL. thirty (30) days from the confirmation of said report or within such further time as the Board may allow for the purpose, and shall thenceforth be entitled to payment of the amount of damages awarded in such case. Buildings, when removed. remove. In case of removal, when such person or persons shall Failure to not have elected to remove such buildings, or shall have neglected (after having elected) to remove the same with in the time prescribed, such buildings, or so much thereof as may be necessary, upon payment or depositing the damages awarded for such taking, in manner aforesaid, may be taken and appropriated, sold or disposed of, as Buildings may the said Board shall direct; and the same or the proceeds thereof shall belong to the fund hereinafter named. be sold. ility of owner. When any known owner of lands or tenements affected Legal disa- by any proceeding within this act, shall be an infant, or shall labor under any legal disability, a Judge of the Dis- trict Court of Hennepin County may, upon application of one of said Commissioners, or of said Board, or of such party by his next friend, appoint a suitable guardian for such party; and all notices required by this act shall be served upon such guardian. When and how SEC. 8. Any person whose property is proposed to be Objections to taken or interfered with, under any provision of this act confirmation. and who deems that there is any irregularity in the pro- ceedings of the said Board, or action of the Appraisers by reason of which the award of the Appraisers ought not to be confirmed, or who is dissatisfied with the amount of damages awarded to him for the taking of or interference with his property, may at any time before such award shall be confirmed by the Board of Commissioners, file with the Secretary of said Board, in writing, his objection made. to such confirmation, setting forth therein specifically the particular irregularities complained of, and containing a description of the property affected by such proceedings. And if, notwithstanding such objections, the said Board Right of shall confirm the award, such person so objecting shall appeal. have the right to appeal, from such order of confirmation of the Board, to the District Court of the County of Hen- nepin, at any time within twenty (20) days after such order. made, Such appeal shall be made by serving a written notice Appeal, how of such appeal upon the Secretary of said Board, which shall specify the property of the appellant affected by 342 MINNEAPOLIS BOARD ACTS. Bond on appeal. Certified copy of award and objection. Certified copy, additional appeals. Court proceedings. Case to have precedence. No appeal. Jury to deter- when. COURT HOUSE AND CITY HALL. such award, and refer to the objection filed as aforesaid; and also by delivering to said Secretary a bond to the said Board, executed by the appellant, or by some one on his behalf, with two (2) sureties, who shall justify in the penal sum of fifty dollars ($50), conditioned to pay all costs that may be awarded against the appellant. } Thereupon the said Secretary shall make out and trans- mit to the Clerk of the said District Court a copy of the award of said Commissioners, as confirmed by the Board, and of the order of the Board confirming the same, and of the objection filed by the appellant as aforesaid, all certified by said Secretary to be true copies, within ten (10) days after the taking of such appeal. But, if more than one appeal be taken from any award, it shall not be necessary that the Secretary, in appeal subsequent to the first, shall send up anything except a certified copy of the appellant's objection. There shall be no pleading on such appeal; but the Court shall determine in the first instance whether there was in the proceeding any such irregularity or omission of duty prejudicial to the appellant, and specified in said wiitten objections, that as to him the award or appraise- ment of the Appraisers ought not to stand, and whether said Appraisers had jurisdiction to take action in the premises. The case, on such irregularities, may be brought on for hearing on eight (8) days' notice, at any general or special term of the Court, and shall have precedence of other civil cases; and the judgment of the Court shall be either to confirm or annul the proceedings only as the same affects the property of the appellant proposed to be taken or damaged, and described in said written ob- jection. From such determination no appeal or writ of error shall lie. In case the amount of damages awarded is complained: mine damages, of by such appellant, the Court shall, if the proceedings shall be confirmed in other respects, upon such confirma- tion, submit the question of damages sustained by appel- lant to a jury, at a general term of said Court; and said jury shall find the value of the real estate of the appellant as well as of the buildings therein separately, or of the value of the real estate and the buildings thereon together, Separate values. MINNEAPOLIS BOARD ACTS. 343 COURT HOUSE AND CITY HALL. what. as the Court may direct, in accordance with the facts in Jury to find, the case, whether or not the appellant has elected to re- tain the buildings, as hereinbefore provided. entered. Upon said verdict, unless set aside by the Court as Judgment how in the case of other verdicts of juries, on the motion for new trial by appellant, or by said Board, the Court shall enter judgment as in any other civil case; from which judgment or from any other order of the Court, whether No appeal. the same be from an order granting or refusing a new trial or otherwise, there shall be no appeal or writ of error. be recorded. Receipts and certificates. SEC. 9. As soon as said proceedings for acquiring the Award, etc., to title to such lands shall have been completed, said Board shall make an accurate description of each parcel of land so condemned, together with the names of the owners. thereof, and any incumbrancer thereof, or other person having any lien or interest therein, with a statement of the amount of damages awarded therefor, either by said Appraisers, or by the Court or jury, together with a copy of the receipt of such owner, incumbrancer, or other per- son having a lien upon or interest therein, or in case the same has been paid to the Clerk of said Court, and has not been received by such owner, incumbrancer or other person having a lien upon or interest in said land, then a petiolatan. copy of the receipt of said Clerk of the Court therefor, all of which shall be certified to by the President and Secre- tary of said Board, under the official seal of said Board, and be filed for record in the office of the Register of Deeds in said county of Hennepin, which said Register of Deeds shall record the same in his office, in the usual Record, and way of recording transfers of real estate in said county, effect of. and when so recorded the same shall be prima facie evi- dence of title to such parcel of land, and of the transfer of all the interests of such former owner, incumbrancer or other person having any lien upon or interest in said par- cel of real estate to said The Board of Court House and City Hall Commissioners. erected. SEC. 10. It shall be the duty of said Board to plan, Building to be devise and construct, upon said block seventy-seven (77), when they shall have acquired full title to the same, a public building, so planned and devised that the same may be of architectural symmetry; and the same shall be so planned, devised and constructed that one part of the 344 MINNEAPOLIS BOARD ACTS. Character of building. To be com- pleted. Prison labor. Court House first. City Hall de- layed. Access to buildings. Deeds, when completed. Court House. City Hall. Deeds, nature of. Issue of bonds, COURT HOUSE AND CITY HALL. same can be used for a County Court House, for all proper county purposes for said county of Hennepin, and the other part of the said building shall be so planned, devised and constructed that the same may be used for City Hall and other proper city purposes; and in constructing said part to be used for City Hall and other city purposes, said Board may advise with the Committee on Public Grounds and Buildings of the City Council of said city. Said Board shall also fully complete and furnish said building. No prison labor or product of prison labor shall be em- ployed on or used in the construction of said building. Said Board shall proceed to construct that part of said building which is to be used for said Court House for said Hennepin County first; and if practicable may delay the building of said City Hall portion of said building, for such time as to them may seem best, not to exceed three years. Said building shall be so constructed that there shall be a convenient passage-way on each floor from said county part of said building to said city part of said building. When said building shall have been so completely finished and furnished said Board shall cause a proper deed of conveyance to be made for that part of said block upon which said part of said building, so constructed for said Court House for said county, and the land properly apper- taining thereto, to the County of Hennepin; and shall cause a like deed to be made to the City of Minneapolis for that part of said block on which said City Hall shall have been constructed and the land appertaining thereto; both of which deeds shall be ordered to be made by said Board and shall be made, executed and delivered by the President and Secretary of said Board, and each of said deeds shall contain as a consideration the respective amounts of the cost of the respective parts of said block and the respective parts of said building thereon, as near as the same can be estimated by said Board. SEC. II. For the purpose of providing money for ac- quiring title to said block of land, and constructing said building thereon, said Board of Court House and City Hall Commissioners is hereby authorized to issue bonds to run not to exceed thirty (30) years, bearing interest MINNEAPOLIS BOARD ACTS. 345 COURT House and CITY HALL. limit. payable semi-annually, not to exceed four and one half Interest and of one per centum per year, in such amounts as they may need for such purpose, from time to time, not to exceed in all the sum of fifteen hundred thousand dol- lars, which bonds shall not be sold for less than par value thereof, and which bonds shall be denom- inated "Hennepin and Minneapolis Court House and City Hall Bonds. Sale and name. Two series of bonds. And there shall be added on such bonds either the words "County Series" or "City Series," as the case may be, which bonds are hereby made a lien upon said block of land and any such building constructed thereon, from the time only when said Board shall have acquired full title to every part of said block seventy-seven (77); but after said Board shall have deeded to each said county when and city itspart of said block of land, then each series cf said bonds shall only be a lien on the respective part of said block of land which shall have been so deeded to the said municipality which is hereby charged with the payment of the same. Said bonds shall be issued under the seal of said Board and shall be signed by the President and Secretary thereof, and said "County Series" shall countersigned by the Auditor of Hennepin county, and said "City Series" shall be countersigned by the Comptroller of said city; and said Auditor and said Comptroller shall keep an ac- count and record of the amount, date, number and rate of interest of each bond of the series relating to the municipality of which he is the accounting officer, that is to say said Comptroller shall keep said account of said "City Series" and said Auditor of said "County Series." Bonds a lien, • How issued and signed. Bond records. Said Board shall not be obliged to issue equal amounts When issued. of each series at any one time, but may issue larger amounts of one series than of the other, at any one time during the progress of carrying out their trust, as said Board may deem best. Each series limited. SEC. 12. Said Board of Court House and City Hall Commissioners shall not issue of either series of bonds. more than the sum of seven hundred and fifty thousand dollars ($750,000) in all. And after the title has been ac- Issue of bonds quired to said block seventy-seven (77), as herein com- restricted. templated, said Board shall thereafter issue from time to time such portion of each of said series of bonds as may 346 MINNEAPOLIS BOARD ACTS. how applied. COURT HOUSE AND CITP HALL. Bond proceeds, be necessary to pay the expenses on that that part of said building which is to be constructed for the purposes of that municipality, either said county or said city, which is to assume and pay for the series of said bonds so issued to raise money to pay for said part of said building so to be constructed for it. Accounting be- tween city and -county. Sale of bonds. Proportionate shares. Adjustment of interest. Final account- ing. Books of ac- .count. Said Board shall, when they shall have so constructed and furnished said buildings, make an accounting be- tween said city and said county in such manner that said county and said city shall have paid, or had bonds of the proper series issued for paying, its proper proportion of the cost of both the acquiring of the title of said block of land and of the construction and furnishing of said build- ing. And said Board shall, as nearly as practicable, from time to time, after the said acquiring the title of said block, issue and sell said bonds in such proportionate amounts, in each of said series, that each of said municipalities, said county and said city, shall be obliged to assume and pay of said bonds and the interest thereof, its proper pro- portionate share of the cost of said block of land, and of said building and the furnishing thereof. And said Board, in such accounting and consideration, shall take into consideration whether or not at any time either said county or said city has been obliged to pay the interest upon its proper series of said bonds, for any material length of time, for any material sum of money more than it ought to have assumed and paid; in such case said amount of said interest, which one municipality has paid more than its proper proportion, shall be ad- justed between said county and said city, by said Com- missioners, in said final accounting between said county and said city, as to the cost of said block and said build- ing and its furnishing, and shall properly and equitably adjust the same between said municipalities. And for this purpose proper books of account shall always be kept showing the state of the expenditures for each of said municipalities and its respective share of the cost of said building, and of said land after said Board shall have determined the quantity of said land each of said municipalities shall be entitled to. i MINNEAPOLIS BOARD ACTS. 317 COURT HOUSE AND CITY HALL. series. SEC. 13. The County of Hennepin is hereby charged Tax for county with the payment of the principal and interest of said series of bonds so to be denominated as "County Series," and the Board of County Commissioners of Hennepin county is hereby charged with the duty of providing by tax upon all the taxable property in said Hennepin county each year with sufficient sums of sums of money to pay the interest on said series of said bonds to be denomin- ated "County Series." And also a sum sufficient to create a sinking fund for Sinking fund. the payment of said principal of said bonds amounting to the sum of one per cent. of said bonds each year, which sinking fund shall be invested by said Board of County Commissioners of Hennepin County in any manner in which any of the sinking fund which the city of Minneapolis is required to raise by taxation for the payment of the bonds of said city, as may be invested. SEC. 14. The City of Minneapolis is hereby charged Tax for city with the payment of the principal and interest of said series of said bonds which shall be denominated "City Series," and it is hereby made the duty of the City Coun- cil of the city of Minneapolis to raise by a levy on any taxable property within said city, sufficient money each year to pay the interest on said series of said bonds to be denominated "City Series." And said City Council shall also raise by like tax a Sinking fund. sum of money equal to one per cent. of the principal of said bonds, to be invested and held as a sinking fund for the payment of the principal of said bonds, which shall be invested in like manner, as other sinking funds pro- vided for the payment of other bonds of said city. SEC. 15. Nothing herein shall authorize the issue at any time of said bonds so to be named "City Series" to such an amount that the whole amount of the principal of all bonds actually outstanding (less the amount in the sinking fund of said city for the payment of the bonds of said city) against said city at the time, together with the proposed issue of said "City Series" of said bonds, shall exceed five (5) per cent. of the aggregate value of the taxable property of said city, as assessed and determined for the purposes of taxation. ited to 5 per City debt lim. cent. 348 MINNEAPOLIS BOARD ACTS. Countersign- ing evidence of legality. Act to take effect. COURT HOUSE AND CITY HAIL. The countersigning of any bonds purporting to be is- sued under the authority of this act, by the City Comp- troller of said city, shall, in respect to all such bonds held by bone fide purchasers, be deemed conclusive evidence that the limitations of this act have been observed and complied with. SEC. 16. This act shall take effect and be in force from and after its passage. Index to Board Acts at end of "Minneapolis City Ordinances." MINNEAPOLIS BOARD ACTS. 349 TAX LEVY. *An Act to Create a Board of Tax Levy for the County of Hennepin, and Define the SECTION. Powers and Duties. Thereof. [Approved March 8, 1887; as Amended to March 7, 1887. inclusive.] 1. Composition of Board -County Auditor to be Secretary.-Presi- dent, How Chosen. 2. Powers and Duties of Board.— Meetings and Qiorum.-Maxi- mum Tax Levy.-Records. SEC. I. SECTION. 3. Auditor to Certify Results to Board, etc.-Tax Must be Limited Ac- cordingly.-Not to Exceed Maxi- mum Rate Determined on.-Tax in Excess Absolutely Void. 4. Act to Take Effect. There is hereby created and constituted in Board of Tax and for the county of Hennepin, a Board which is hereby Levy. designated and shall be known as the Board of Tax Levy, and which shall be composed of the chairman of the Board of County Commissioners, the County Auditor, the President of the Board of Education of the city of Min- neapolis, the President of the Board of Park Commission- ers of the city of Minneapolis, the Chairman of the Com- Composition. mittee on Ways and Means of the City Council of the city of Minneapolis, the Comptroller of the city of Min- neapolis, and the Mayor of the city of Minneapolis, which several officers shall be cx-officio the members of the said Board of Tax Levy. The County Auditor shall serve as the Secretary of the President and said Board, and one (1) of the other members thereof Secretary. shall be chosen by the Board to preside at the meetings thereof. Board. SEC. 2. The said Board of Tax Levy are hereby em- Meeting of powered and required to meet at the office of the County Auditor on the second (2d) Monday in September in each *The entire act was amended March 4, 1885 (see Special Laws, chapter 84) to read as printed herein, save amendment of March 7, 1887, to section 1, adding the Presi- dent of the Park Commission, and the Chairman of the City Council Committee on Ways and Means, to the Board. 350 MINNEAPOLIS BOARD ACTS. Meetings and adjournment. Quorum. Board to fix maximum rate of county tax. General city tax-rate. School tax- rate. Park tax-rate. Library tax- rate. Maximum to be reduced. Record of pro- ceedings. Transcripts evidence. TAX LEVY. year, and may adjourn from time to time as may be nec- essary for the performance of the duties hereby required of them, but not later than the first (1st) Tuesday in Octo- ber, and it shall be the duty of the County Auditor to notify the members of said Board of its meetings. A majority of said Board shall constitute a quorum, and a majority vote of the whole Board shall decide all questions coming before said Board. The said Board at its meeting or meetings shall con- sider, determine and fix a maximum rate of taxation for the various purposes, respectively, for which the Board of County Commissioners is, or hereafter may be, author- ized to levy taxes for such year;— A like maximum rate of taxation for the various pur- poses, respectively, for which the City Council of the city of Minneapolis is, or hereafter may be, authorized to levy taxes for such year;— A like maximum rate of taxation for the various pur- poses, respectively, for which the Board of Education of the city of Minneapolis is, or hereafter may be, author- ized to levy taxes for such year;— A like maximum rate of taxation for the various pur- poses, respectively, for which the Board of Park Commis- sioners of the city of Minneapolis is, or hereafter may be, authorized to levy taxes for such year;- And a like maximum rate of taxation for the various purposes, respectively, for which the Library Board of the city of Minneapolis is, or hereafter may be, author- ized to levy taxes for such year. Board, in the dis- maximum rate of And it shall be the duty of the said charge of its functions, to reduce the taxation for the various purposes aforesaid, to the lowest practical limit. The Secretary of said Board of Tax Levy shall keep an accurate record of all the proceedings of said Board, in a book to be provided for that purpose, which book shall be a public and permanent record in the office of said County Auditor, and the same, as well as transcripts thereof, duly certified under the hand and seal of said Auditor, shall be prima facie evidence in all the Courts of this State. MINNEAPOLIS BOARD ACTS. 351 TAX LEVY. County Audi- tor to certify results. SEC. 3. It shall be the duty of the County Auditor, on or before the first (1st) Thursday of October in each year, to certify under his hand and official seal, and trans- mit to the Board of County Commissioners, the City Council of the city of Minneapolis, to the Board of Edu- cation of the city of Minneapolis, to the Board of Park Commissioners of the city of Minneapolis and to the Library Board of the city of Minneapolis, respectively, the maximum rates of taxation for the various purposes for which said bodies are respectively authorized to levy taxes, as fixed and determined by said Board of Tax Levy, Tax limited to and no tax shall be levied for such year by either of said bodies, for any of said purposes, in excess of the maxi- mum rate, respectively, so fixed and determined by said. Board of Tax Levy; and the levy of any tax in excess Excess void. thereof shall be absolutely null and void as to such ex- cess. rate fixed. SEC. 4. This act shall take effect and be in force from t and after its passage. Act to take effect. Index to Board Acts at end of "Minneapolis City Ordinances.” I PART IV. SPECIAL ACTS. I. STREETS IN LAYMAN CEMETERY. II. BONDS FOR CITY PURPOSES. III. BONDS FOR BRIDGES. IV. CONFIRMING MARKET ORDINANCE. SPECIAL ACTS Relating to Minneapolis, Passed at the Legislative Session in 1887. I. Relative to Street in the Layman IV. Bonds for Bridge at Seventeenth Cemetery. II. Bonds for Sewer-Tunnels, Board of Education and Other City Purposes. III. Bonds for Franklin Avenue Bridge -Conditions, etc. V. Avenue North. Relative to Bonds for Stone Arch Bridge. VI. Confirming Central Market Ordi- nance. See, also, "Summary of Legislative Acts Relative to Minneapolis," etc. supra. *LAYMAN CEMETERY. SECTION. Preamble: Location of Cemetery; SECTION. Necessity for Condemnation of Same. 2. Condemnation Proceedings other Cases. as in 1. Council Authorized to Purchase or Condemn for Street Purposes. 3. Inconsistent Acts Repealed. 4. Act to Take Effect. 1 Preamble-Lo- WHEREAS, The cemetery in the city of Minneapolis, Ption of cem known as the Layman Cemetery, consisting of the twenty etery. (20) acres, more or less, situate in the southwest corner of section thirty-six (36), township twenty-nine (29), range *An Act Authorizing the City of Minneapolis to Purchase or Cause to be Con- demned, Taken and Appropriated for Street Purposes, a Portion of the Layman Cemetery, so called, in said city." Approved March 4, 1887. See Special Laws, chapter-. 1 402 SPECIAL ACTS RELATING TO MINNEAPOLIS. LAYMAN CEMETERY. Preamble- width of Lake twenty-four (24), was laid out and platted when Lake Street, which forms its southern boundary, was only sixty- six (66) feet in width; and— Street. Council desires to widen. Portion of cem- etery needed. No interments therein. Council may purchase or condemn. Amount. Condemnation proceedings. Inconsistent acts repealed. Act to take effect. WHEREAS, Said city of Minneapolis is desirous of im- proving said Lake Street, and widening it for its entire length, from the Mississippi River to Lake Calhoun in said city; and WHEREAS, To give said street a uniform width of from eighty (80) to one hundred (100) feet, it will be necessary to appropriate for street purposes a portion of said ceme- tery, from the south side thereof, not exceeding seventeen (17) feet in width; and- WHEREAS, No interments have been made, in said ceme- tery, within the portion thereof that will be required for widening and improving said Lake Street; therefore- Be it Enacted by the Legislature of the State of Minnesota: SECTION I. That the City Council of said city of Min- neapolis be and is hereby authorized and empowered to purchase, or caused to be condemned, taken and appro- priated for street purposes, so much of said cemetery grounds, from the south side thereof, not exceeding a strip or piece seventeen (17) feet in width, the entire length, east and west, as may be necessary to widen said Lake Street, where it adjoins said cemetery, so as to make the north line of said street uniform with the north line thereof either east or west of said cemetery. SEC. 2. The proceedings for condemnation of said. portion of said cemetery, for said street improvements, shall be such as are now provided by law for taking private property for street purposes. SEC. 3. That all acts or parts of acts in conflict with this act, including any and all provisions of the Charter of said city of Minneapolis that are in conflict with the provisions of this act, are hereby repealed. SEC. 4. This act shall take effect and be in force from and after its passage. SPECIAL ACTS RELATING TO MINNEAPOLIS. 403 *BONDS FOR CITY PURPOSES, SECTION. 1. Council to Issue Bonds.-Form and Sale. 2. Not to Exceed Charter Limit and Limited to $1,110,000.-Signature of Comptroller Conclusive. SECTION. 3. Proceeds of Bonds Appropriated How. 4. Bonds Not to be Issued, When. 5. Act to Take Effect. Be it Enacted by the Legislature of the State of Minnesota : issue bonds SECTION I. The City Council of the city of Minne- Council to apolis is hereby authorized and required, in the manner, under the restrictions, and for the purposes hereinafter designated, to issue, from time to time, as needed, the bonds of said city, in such denominations, at such time of payment not exceeding thirty (30) years, and at such Thirty years. place of payment as may be deemed best; such bonds to have semi-annual interest-coupons at such rate of interest, Interest. not exceeding five (5) per cent. per annum, payable at such place or places as said City Council shall designate. And said City Council is further authorized to nego- Sale of bonds. tiate and sell such bonds from time to time upon the best terms for said city that may be obtained. when. Provided, however, That no such bonds shall be sold Not to be sold, upon any terms that will make the rate of interest on the price actually received for such bonds greater than five (5) per cent. per annum on bonds sold at par. by resolution. All proceedings under this act shall be by resolution of Proceedings said City Council, to be approved by the Mayor, and pub- lished as provided by the charter of said city. stricted. SEC. 2. Nothing herein shall authorize the issue at Issue re- any time of bonds to such an amount that the whole amount of the principal of bonds actually issued by said city at the time together with the proposed issue, shall limit. exceed five (5) per cent. of the aggregate value of the *"An Act to Authorize the City of Minneapolis to Issue Bonds," Approved Feb. 22, 1887; See Special Laws, Chapter Five per cent. 404 SPECIAL ACTS RELATING TO MINNEAPOLIS. Total issue. Not to affect former issue. Countersign- legality. BONDS FOR CITY PURPOSES. taxable property of said city, as assessed and determined for the purpose of taxation; and the entire amount of the bonds issued under this act, shall not exceed in amount the sum of eleven hundred and ten thousand (1,110,000) dollars. This act shall not be construed as in any manner pro- hibiting or interfering with the issue of any and all bonds the issue of which has heretofore been authorized. The signing or countersigning of any bonds purporting ing evidence of to be issued under authority of this act, by the City Comptroller of said city, shall, in respect to all such bonds held by bona fide purchasers, be deemed conclusive evidence that the limitations of this section have been observed and complied with. Proceeds, how applied. North Minne- apolis sewer tunnel. Northeast sewer tunnel. Second Ward sewer tunnel. Seventh Ward sewer tunnel. Board of Edu- cation. Pump-house and site. SEC. 3. The avails of all bonds issued and sold under this act shall be placed in the city treasury of said city, and credited to the proper fund; but the same shall be used for no other purpose than for the purpose for which said bonds are hereby authorized to be issued and sold, that is to say: Not to exceed one hundred thousand (100,000) dollars of said bonds may be used for the North Minneapolis sewer tunnel. Not to exceed one hundred thousand (100,000) dollars of said bonds may be used for the Northeast Minne- apolis sewer tunnel. Not to exceed twenty-five thousand (25,000) dollars of said bonds may be used for the Second Ward main sewer tunnel. Not to exceed twenty-five thousand (25,000) dollars of said bonds may be used for the Seventh Ward main sewer tunnel. Not to exceed fifty thousand (50,000) dollars of said bonds shall be credited to the proper fund for the use of the Board of Education of said city. Not to exceed three hundred and twenty-five thousand (325,000) dollars of said bonds shall be credited to the proper fund for the use of the *Board of Water Commis- *Board of Water Commissioners abolished. See note on page 103 (Chapter 9) City Charter, ante. ; ! SPECIAL ACTS RELATING TO MINNEAPOLIS. 405 * Bonds for CITY PURPOSES. pumphouse. sioners of said city for the purpose of purchasing a site Site for for and constructing a new pump house in the northerly part of said city. water mains. Not to exceed one hundred and seventy-five thousand Extension of (175,000) dollars of said bonds shall be credited to the proper fund for the use of the *Board of Water Commis- sioners of said city, to be used for the extension of the water main system of said city. Not the exceed thirty thousand (30,000) dollars of said Work-house. bonds may be used for paying for, improving and en- larging the work-house of said city. 1 Not to exceed fifty thousand (50,000) dollars of said Engine houses. bonds may be used for the purpose of purchasing sites for and constructing engine houses for the Fire Depart- ment of said city. Not to exceed thirty thousand (30,000) dollars of said City lock-up. bonds may be used for the purpose of purchasing a site for and erecting, or erecting on the present site, a so- called lock-up prison for said city. improvements. Not to exceed two hundred (200,000) dollars of said Permanent bonds may be used for the purpose of paying that portion. of the permanent improvements of said city, during the years 1887 and 1888, that the said city, by the terms of the Charter thereof, is obliged to pay. what funds The avails of all said bonds shall be paid into the Per- Proceeds, to manent Improvement Fund of said city, except the sev- paid. eral sums hereby authorized for the Board of Education of said city and for the use of the *Board of Water Com- missioners of said city. Issue re- SEC. 4. No more of said bonds shall be issued or sold than shall be necessary for the use herein contemplated. stricted. SEC. 5. This act shall take effect and be in force from Act to take and after its passage. effect. *Water Board abolished. See note on page 103 (Chapter 9) City Charter, ante. 406 SPECIAL ACTS RELATING TO MINNEAPOLIS. - Council to issue bonds. Amount and when due. Interest. Sale of bonds. Restrictions. Proceedings by resolution. Not to exceed five per cent. limit. Issue limited. SECTION. *BRIDGE BONDS. [Franklin Avenue.] 1. City Council to Issue Bonds.-Form and Sale. 2. Not to Exceed Charter Limit, and SECTION. 3. Proceeds for Iron Truss Bridge, Foot of Franklin Avenue. Bonds Not to be Issued, When. Act to Take Effect. Limited to $10,000.-Signature of Comptroller Conclusive. 4. 5. Be it Enacted by the Legislature of the State of Minnesota: SECTION I. The City Council of the city of Minneap- olis is hereby authorized and required in the manner, under the restrictions and for the purpose hereinafter des- ignated, to issue from time to time, as needed, the bonds of said city in such denominations, at such time of pay- ment not exceeding thirty (30) years, and at such place of payment as may be deemed best, such bonds to have semi-annual interest-coupons at such rate of interest not exceeding five (5) per cent. per annum, payable at such place or places as said City Council shall designate. And said City Council is further authorized and required to negotiate and sell such bonds from time to time upon the best terms for said city that may be obtained. Provided, however, That no such bonds shall be sold on any terms that will make the rate of interest on the price actually received for such bonds greater than five (5) per cent. per annum on bonds sold at par. All proceedings under this act shall be by resolution of said City Council, to be approved by the Mayor, and pub- lished as provided by the Charter of said city. SEC. 2. Nothing herein shall authorized the issue at any time of bonds to such an amount that the whole amount of the principal of all bonds actually issued by said city at the time, together with the proposed issue, shall exceed five (5) per cent. of the aggregate value of the taxable property of said city, as assessed and determined for the purpose of taxation; and the entire amount of the bonds issued under this act shall not exceed in amount the sum of one hundred and ten thousand (110,000) dollars. *An Act to Authorize the City of Minneapolis to Issue Bords for a Bridge." Approved January 14, 1887. See Special Laws, chapter-. 1 1 ^ SPECIAL ACTS RELATING TO MINNEAPOLIS. 407 BRIDGE BONDS. former issues. This act shall not be constructed as in manner prohibit- Not to affect ing or interfering with the issue of any and all bonds, the issue of which has hithertofore been authorized. Signing evi- dence of The signing or countersigning of any bonds, purporting to be issued under authority of this act, by the City Comp- legality. troller, of said city, shall in respect to all such bonds held by bona fide purchasers, be deemed conclusive evidence that the limitations of this section have been observed and complied with. SEC. 3. The avails of all bonds issued and sold under Proceeds how used. this act, shall be placed in the Permanent Improvement Fund of said city, but shall be used for no other than the following purpose: The construction of an iron truss Franklin bridge, having a roadway of eighteen (18) feet in the bridge. clear, and two sidewalks six feet each in the clear, over the Mississippi river, at the foot of Franklin Avenue in said city. avenue SEC. 4. No more of said bonds shall be issued or sold Not to be issued, when. than shall be necessary to build said bridge as herein con- templated. effect. SEC. 5. This act shall take effect and be in force from Act to take and after its passage. SECTION. *BRIDGE BONDS. [20th Ave. North.] 1. City Council to Issue Bonds.-Form and Sale. 2. Not to Exceed Charter Limit, and SECTION. 3. Proceeds for Iron Truss Bridge, Foot of Twentieth Avenue North. Limited to $100,000.-Signature of Comptroller Conclusive. 4. 5. Bonds Not to be Issued, When, Act to Take Effect. Be it Enacted by the Legislature of the State of Minnesota. issue bonds. SECTION I. The City Council of the City of Minneap- Council to olis is hereby authorized and required in the manner, under the restrictions and for the purpose hereinafter *"An Act to Authorize the City of Minneapolis to Issue Bonds for a Rridge,” Ap- proved Jan. 14, 1887. See Special Laws, Chapter 408 + SPECIAL ACTS RELATING TO MINNEAPOLIS. Amount and when due. Interest. Sale of bonds. Restrictions. Proceedings by resolution. Not to exceed five per cent. limit. Issue limited. Not to affect former issues. Signing evidence of legality. Proceeds, how used. Bridge at 20th avenue north. BRIDGE Bonds. designated,to issue from time to time as needed, the bonds of said city in such denominations, at such time of pay- ment not exceeding thirty (30) years, and at such place of payment as may be deemed best, such bonds to 'have semi-annual interest-coupons at such rate of interest not exceeding five (5) per cent. per annum, payable at such place or places as said City Council shall designate. And said City Council is further authorized to negoti- ate and sell such bonds from time to time upon the best terms for said city that may be obtained. Provided, however, That no such bonds shall be sold on any terms that will make the rate of interest on the price actually received for such bonds greater than five (5) per cent. per annum on bonds sold at par. All proceedings under this act shall be by resolution of said City Council, to be approved by the Mayor, and pub- lished as provided by the Charter of said city. SEC. 2. Nothing herein shall authorize the issue at any time of bonds to such an amount that the whole amount of the principal of all bonds actually issued by said city at the time, together with the proposed issue, shall ex- ceed five (5) per cent. of the aggregate value of the tax- able property of said city, as assessed and determined for the purposes of taxation; and the entire amount of bonds issued under this act, shall not exceed in amount the sum of one hundred thousand ($100,000) dollars. This act shall not be construed as in any manner pro- hibiting or interfering with the issue of any and all bonds the issue of which has heretofore been authorized. The signing or countersigning of any bonds purporting to be issued under authority of this act by the City Comp- troller of said city, shall, in respect to all such bonds held by bona fide purchasers, be deemed conclusive evidence. that the limitation of the section have been observed and complied with. SEC. 3. The avails of all bonds issued and sold under this act shall be placed in the Permanent Improvement Fund of said city, but shall be used for no other than the following purpose, to wit: The construction of an iron truss bridge, having a roadway of thirty-six (36) feet in the clear, and two (2) sidewalks, six (6) feet each in the clear, over the Mississippi River at the foot of Twentieth Avenue North, in said city. } 、་ SPECIAL ACTS RELATING TO MINNEAPOLIS. 409 T BRIDGE Bonds. SEC. 4. No more of said bonds shall be issued or sold than shall be necessary to build said bridge as herein con- templated. Not to be issued, when. Act to take SEC. 5. This act shall take effect and be in force from effect. and after its passage. *BRIDGE BONDS. SECTION. SECTION. 1. Iron or Steel, Instead of Stone Arch 2. Act to Take Effect From and After Bridge. Passage. Be it Enacted by the Legislature of the State of Minnesota: "stone arch.” SECTION I. That section three (3) of an act entitled Strike out "An act to authorize the City of Minneapolis to issue bonds for bridges," be and the same is hereby amended by striking out the words "stone arch," wherever they occur in said section, and by inserting in the place thereof the words, "iron or steel arch." Insert "iron or steel arch." effect. SEC. 2. This act shall take effect and be in force from Act to take and after its passage. ***An act to amend an act entitled 'An Act to Authorize the City of Minneapolis to Issue Bonds for Bridges, approved February 27, 1885, being chapter 150, Special Laws of 1885." Approved Jan. 14 1887. See Special Laws, chapter SECTION. *CENTRAL MARKET. SECTION. 1. Central Market Ordinance Con- 2. Act to Take Effect From and After firmed. Passage. Be it enacted by the Legislature of the State of Minnesota, SECTION I. That the ordinance passed by the Com- Ordinance. mon Council of the City of Minneapolis and approved January twenty-first eighteen hundred and eighty- seven, granting and extending to Harlow A. Gale, *"An Act to Confirm and Legalize Certain Ordinances and Contracts Based Thereon, of the City of Minneapolis, Concerning a Public Market." Approved Feb. 24, 1887. See Special Laws, chapter- 410 } SPECIAL ACTS RELATING TO MINNEAPOLIS. 1 Central Market. Contract and ordinance. Legalized and confirmed. Act to take effect. CENTRAL MARKET. his associates, heirs and assigns, the time within which to provide and furnish a Public Market to be known as the "Central Market" in said city, to and until the first day of June, A. D. 1888, provided that the site and plans for such market building be reported to the City Council of the city of Minneapolis on or before June first, A. D. 1887, and the provisions thereof, together with the provisions of the former contract and ordinance therein mentioned and made a part thereof concerning the same, and the contract provided therein be, and the same and all the provisions thereof, and of each thereof, are hereby legal- ized and confirmed to the extent of the rights and privi- leges set forth therein; and the conditions of said ordi- nance and of such contract are made operative and bind- ing upon the respective parties thereto. SEC. 2. This act shall take effect and be in force from and after its passage. For Index see end of "Minneapolis City Ordinances." SPECIAL ACTS RELATING TO MINNEAPOLIS. 411 SUMMARY OF LEGISLATIVE ACTS FROM 1855 TO 1887, INCLUSIVE, Relating to the City of Minneapolis and the Former Citles of St. Anthony and Minneapolis. *ST. ANTHONY-Former City. Approved Laws. Special Chap. Page. Incorporating City.... March 3 1855 3 10 Amended. March 1 1856 48 78 • -Amended.. -Amended.. Amended. Amended. • · Amended... -Amended.. • Taxes-Return and Collection. Inspection of Wood.. Common Schools-Regulating. Amended.. -Amended.. Amended Amended. -Amended. • • Bonds Authorized-Schools.. March 10 1860 1 3 March 11 1861 57 303 March 4 1864 18 264 Feb. 25 1865 20 133 · Feb. 23 1869 91 300 March 3 1870 16 216 Feb. 19 1864 18 264 • • • Feb. 2 1.865 21 149 Feb. 28 1860 40 71 Jan. 26 1861 77 334 Feb. 24 1864 13 238 Feb. 23 1865 32 169 • • · · · Feb. 6 1868 66 344 March 3 1871 108 333 • Feb. 16 1867 103 311 Feb. 6 1868 65 342 March 6 1871 109 334 Feb. 28 1872 64 379 • Preservation of Falls.. Jan. 31 1868 82 365 (amended 1870) March 4 1869 24 182 Feb. 24 1872 73 395 -Amended. • • Minnesota & Western RR... City Consolidated with Minneapolis. School Boards Consolidated……. Incorporating Town.. Amended.. • • • Repealing Town Incorporation Acts. Legalizing Election of Town Council... Delinquent Corporation Tax...... *MINNEAPOLIS.-Former Town and City. Board of Supervisors.. Amended... Inspection of Wood. · • • Reducing Town Acts into One Act Incorporating City Incorporating City -Amended.. Amended... • *See also "Miscellaneous” • Feb. 29 1864 33 March 4 1864 10 219 • • March 2 1865 18 126 Feb. 2 1865 21 149 17 64 18 88 19 43 25 175 • March 1 1866 March 6 1866 Feb. 6 E 1867 March 7 1867 March 4 1868 40 | 299 March 4 1870 51 305 Feb. 28 1872 10 56 March 7 1878 157 444 March 1 1856 127❘ 187 May 25 ex57 12 60 March 8 1860 4 29 March 4 1862 6 217 July 22 1858 283 92 288 285 412 SPECIAL ACTS RELATING TO MINNEAPOLIS. *MINNEAPOLIS.-Former Town and City. Approved. Special Laws. Chap. Chap. Page. Incorporating Act-Amended. • • Amended... -Amended. March 9 1870 25 266 Feb. 3 1871 30 190 March 1 1871 28 187 • -Amended... City Boundaries (and of Town of Brighton) Free Schools and Tax.. March 1 1871 29 189 March 7 1867 25 175 • • May 23 ex57 85 168 -Amended.. July 26 1858 85 281 • • • · Amended (Repealed March 3, 1863) March 5 1.60 42 77 -Amended. -Amended.. Erection of School House and Bonds Confirming Acts of Board of Education. Board to Levy Tax. Repealing part of act of 1887.. -Amended.... -Amended Free School Acts Collated and Revised. Amended.. Bonds Authorized-Schools.. Preservation of Falls. March 6 1862 44 295 March 2 1865 28 157 • • • Aug. 11 1858 94 291 March 3 1863 42 | 226 March 1 1864 27 278 March 2 1865 28 157 March 1 1866 49 187 March 7 1867 25 175 March 6 1868 53 318 Feb. 27 1869 88 296 Aug. 11 1858 94 291 March 7 1867 102 309 Jan. 31 1668 82 364 • • · 1 • • • 1 March 6 1868 83 367 March 4 1869 24 182 Feb. 28 1870 27 268 Feb. 20 1872 78 403 Water Works. Feb. 12 1868 84 368 March 4 1868 40 299 Feb. 1 1871 43 229 and Sewerage. .. Sewerage. March 3 1870 31 274 Feb. 29 1872 78 404 Feb. 14 1871 42 227 • Minn. & Western R. R. (amended '74, 75, 76) Water Works Superintendent, etc. City Consolidated with St. Anthony. School Boards Consolidated.. • *MINNEAPOLIS.-City of Consolidation of St. Anthony and Minneapolis. -Amended (Amended March 8, 1875) Amended • • · • • -Amended... -Amended. -Amended. -Amended.. Feb. 9 1870 46 318 Feb. 27 1871 41 226 Feb. 28 1872 10 56 March 7 1878 157 444 Feb. 28 1872 10 56 March 5 1874 2 106 March 2 1876 31 101 March 6 1876 29 98 March 6 1876 30 99 Feb. 16 1877 29 86 March 1 1877 26 81 -Amended March 9 1878 25 203 • • • • • • -Amended. City Charter Amended and Consolidated.. -Amended.. -Amended.. -Amended • • Amended (City Limits). Amended (City Limits). -Amended... -Amended. *See also "Miscellaneous.” March 7 1879 59 173 March 8 1881 76 418 Nov. Nov. 4 ex81 39 90 12 • • • • Nov. 19 Nov. 22 Feb. · • • • • Feb. 27 222227 ex81 41 91 Νυτ. 17 ex81 40 90 ex81 198 211 ex81 53 105 1883 7 98 1883 3 70 SPECIAL ACTS RELATING TO MINNEAPOLIS. 413 *MINNEAPOLIS.-City of Special Laws. Chap. Page. | Approved. City Charter Amended…… Amended. Amended. -Amended.. -Amended.. Amended . Amended. -Amended... Amended Amended. Amended Jan. 29 1885 38 146 Feb. 26 1885 4 March 2 1885 March 5 1885 March 7 1885 • • March 9 1885 6 8*488 54 45 63 66 Feb. 22 Feb. 28 228 Feb. 19 1887 17 1887 11 1887 13 March 2 1887 16 March 4 1887 10 • • Amended • · Amended.. March 5 1887 9 • March 5 1887 12 • -Amended. Amended.. -Amended (Water Board Abolished). Apportionment of School Tax... March 5 1887 14 • • March 5 1887 15 March 3 1887 23 • March 9 1875 93 317 School District No. 119-Indebtedness Free Schools-Boards Consolidated. · Amended.. March 7 1881 175 729 March 7 1878 157 444 March 8 1879 62 183 • -Amended... March 2 1881 114 655 Amended.. Nov. 8 ex81 49 101 -Amended……. Nov. 11 ex81 52 103 Amended Feb. 27 1883 233 365 * + -Amended.. Amended Amended.. Municipal Court. Amended. Amended Feb. 12 1885 86 257 March 5 1885 • 97 268 March 4 1887 22 Feb. 13 1874 141 362 Feb. 27 1875 5 41 March 4 1875 4 38 • Amended. Feb. 26 1877 178 240 • • Amended.. -Amended. Amended.. March 8 1878 65 328 • March 8 1879 87 210 Feb 17 1883 55 | 193 Amended • · Feb. 26 1833 49 188 -Amended.. -Amended. -Amended.. -Amended Park Commission.. Amended. · March 2 1883 48 182 > Feb. 24 1885 74 236 Feb. 1887 • - Feb. Amended. Amended. Feb. March 2 27 Feb. 24 6 1887 21 1883 281 1885 96 265 404 1887 18 Feb. 22 1887 19 Amended.. Amended... Amended……. Parkways.. Bonds Authorized-Preservation of Falls. --East Division Indebtedness. -Minnesota & Western R. R. Minneapolis & St. Louis Ry Minneapolis & Northwestern Ry City Hall.. -Water Works, etc. *See also "Miscellaneous." March 4 1887 20 March 9 1885 304 546 • • • Feb. 24 1873 185 406 March 9 • 1874 39 254 March 9 1874 52 268 March 9 1875 123 339 March 6 1876 68 134 March 1 1877 76 144 Feb. 14 • · 1879 182 310 Jan. 28 1874 47❘ 263 • Feb. 9 1874 65 284 414 SPECIAL ACTS RELATING TO MINNEAPOLIS. MINNEAPOLIS.-City of Approved. Special Laws. Chap. Chap. Page. Bonds Authorized-Water Works, etc... March 5 1877 74 142 March 4 1881 260 829 Feb. 26 1883 150 292 Sewer Tunnel.. Feb. 22 1887 Bridges.. Feb. 27 1875 124 340 • • • (Repealed March 3, 1885) Feb. 1 1881 231 798 Feb. 27 1885 150 398 Amended. (Franklin Avenue).. (20th Avenue North.) Fire Department.... Permanent Improvement. (Proceeds of) Railroad Approaches.. Board of Education Library Board. • General Purposes. Firemen Exempt from Jury, etc. Fines of Fallen Women. Road Appropriations. D Portland and Park Avenues. Relief of Policemen's widows... Stenographic Reporter, Municipal Court Court House and City Hall Commission. City Justices of the Peace • Maple Hill Cemetery, Streets through. Layman Cemetery, Streets through. MISCELLANEOUS. Hennepin County established; boundaries, etc. -Boundaries changed. -Boundaries extended Jan. 14 1887 • Jan. 14 1887 Jan. 14 1887 . Feb. 22 1887 Oct. 28. ex81 88 129 • March 2 1883 271 398 Feb. 24 1885 144 388 Feb. 26 1883 149 291 Feb. 13 1885 14387 • Feb. 22 1887 Feb. 28 1885 145 391 Feb. 22 1887 • March 6 1873 82 278 March 11 1878 143 419 March 3 1885 311 552 March 5 1885 117 427 • • • Feb. 26 1885 287❘ 526 Feb. 28 1887 March 2 1887 March 3 1887 Feb 24 1881 210 771 March 4 1887 March 6 1852 48 112. Feb. 20 1855 6 27 Feb. 25 1856 71 105 · • • -Boundaries extended-Joint resolution -Boundaries defined.. Feb. 25 1856 331 March 9 1861 30 271 County Seat established. -Site for County Buildings designated.. Court House and City Hall Commission Board of Tax Levy (Hennepin County). Feb. 21 1854 34 86 Feb. 25 1856 71 105 March 2 1887 March 8 1879 338 447 • -Amended. March 7 1881 112 650 • • -Amended.. -Amended.. Franchise Confirmed-Street Railway. Gas Company.. -Market Ordinance. -Market Ordinance. Support of Minneapolis Poor Amended.. Cattle at Large (Hennepin County) Bridges-Transfer by County to City Post Office-Site Ceded to United States.. Reimb❜t of H. T. Welles for $10,000 as damages Sale of Liquors, Restrictions in Hennepin Co.. County Highways-City Appropriation for Feb. 24 March 4 1885 84 253 March 7 • March 4 March 6 1887 1879 299 410 1879 301 411 Feb. • • .(Sec. 10) • * • Feb. March 2 Feb. 28 March 7 322 13 1885 March 8 26 March 7 1879 324 435 79 248 1883 274 399 1872 216 614 1881 352 908 1879 300 411 1887 | 1883 255 384 March 8 1881 388 940 Feb. 23 1881 209 771 COUNCIL AND BOARD RULES. *RULES OF THE CITY COUNCIL. RULE. 1. Duties of President.- Roll Call.- Reading of Minutes, etc.-Deco- rum.-Appeals. 2. Voting.-Yeas and Nays. 3. Motions in Writing, etc. 4. Motions, How Withdrawn. 5. Debate, Recognition, etc. 6.. Same, How Limited. 7. Interruption. 8. Violation of Rules. 9. Floor Privilege. 10. Motions to Adjoarn. 11. Reports of Committees, etc. 12. Privileged Questions. 13. To Lay on the Table. 14. Committee of the Whole. 15. Same-Rules. RULE. 16. Same-May Rise. 17. Same-Records. 18. Previous Question. 19. Amendments, How Acted Upon. 2). Ordinances, How Introduced. 21. ame-Two Readings. 22. Same-For Amendment. 28. Same-Copy for Mayor. 24. Movers' Names to be Recorded. 25. Reconsideration, Notice of and Action Thereon. 23. Petitions, How Presented. 27. Duties of Clerk. 28. Standing Committees. 29. Order of Business. 30. Parliamentary Practice. 31. Suspension of Rules, etc. RULE 1. The President (and, in his absence, the Vice-President) of the Council shall take the chair at the appointed hour for the Council to meet, whether in regular or special session, and call the members to order. At which time the roll of members of the Council shall be called by the Clerk. And if a quorum is present and answer to their names the minutes of the preceding session shall be read; and all mistakes, if any, in the minutes shall then be corrected. Or, the further consideration of such minutes may be made the special order for any subsequent session of the Council. And if such minutes shall not be corrected, inside of forty days from the taking thereof, they shall be considered as approved. The President shall preserve order and decorum and shall decide all questions of order; which decisions shall be final unless an appeal shall be taken to the Council. On every appeal so taken he shall have the right, in his place, to give his reasons for his decision. RULE 2. Every member present, who refuses to vote on any question, shall be recorded as "declining to vote”. The yeas and nays shall be called on any question at the request of three members of the Council. *Adopted April 9, 1888. 452 RULES AND REGULATIONS. CITY COUNCIL. trass す ​RULE 3. Every motion (except to adjourn, postpone or commit) shall be reduced to writing, and, if the same shall be seconded, shall be fairly stated by the presiding officer. RULE 4. A motion may be withdrawn by the member offering the same, with the consent of his second. Provided, The same shall be done before a decision, amendment, or any disposition thereof has been had, or a vote taken thereon. RULE 5. When a member desires to speak, give notice, make a motion or report, or present a petition or other paper, he shall arise, address the presiding officer, and shall not proceed further unless recognized by him. RULE 6. No member shall speak more than twice to the same question. without leave of the Council; nor more than once, in any case, until every member desiring to speak upon the question pending shall have spoken. RULE 7. No member shall in any way interrupt the course of debate, except by a call to order, or for the enforcement of the rules of the Council, or on a motion to adjourn, to postpone or to commit. RULE 8. If a member in speaking, or otherwise, transgress the rules of the Council, the President, or any member, may call him to order. In which case the member, so called to order, shall immediately sit down, unless, by permission of the presiding officer, he shall be permitted to explain. RULE 9. When two or more members arise and address the presiding officer at the same time, he shall designate which shall speak first. RULE 10. A motion to adjourn shall always be in order, and shall be de- cided without debate. But a second or subsequent motion to adjourn shall not be in order un- til after the intervention of some other motion, resolution or other business. RULE 11. Committees to whom any matter may be referred shall, in all cases, report the facts and their opinion thereon. The reception or acceptance of a committee's report shall not be con- strued as conferring any authority upon such committee, nor upon any city officer. But the adoption of a report shall have the same effect as a motion or resolution, except in cases where a resolution or ordinance would be re- quired under the provisions of the Charter. RULE 12. When a question is under debate, no motion shall be received unless for an adjournment, for the previous question, to postpone indefi- nitely, to postpone to a certain day, to lay on the table, to commit, or to amend. These several motions shall have precedence in the order in which they are stated. I t | RULES AND REGULATIONS. 453 CITY COUNCIL. RULE 13. A motion to lay a question on the table shall be decided with- out debate. RULE 14. On forming a Committee of the Whole, the President shall leave the chair and call some other member to preside. RULE 15. The rules of the Council shall be observed in Committee of the Whole, so far as may be applicable, except that the previous question shall not be enforced nor the order of speaking limited. RULE 16. A motion that the committee rise shall always be in order, and shall be decided without debate. RULE 17. The Clerk shall not enter upon the journal the proceedings of the Committee of the Whole, except as the same may be reported to the Council. RULE 18. The previous question shall be admitted on the demand of any two members, and shall be put in these words: "Shall the previous question be now put?” And until decided shall preclude all amendments under debate of the main question. RULE 19. A motion to lay on the table, to postpone, or to commit an amendment to a motion, resolution or ordinance, shall not be in order But a motion to table, postpone or commit a motion, resolution or ordi- nance, shall carry with it all pending subsidiary motions. RULE 20. Every ordinance shall be introduced by a committee, to whom the subject matter thereof may have been referred, by resolution or otherwise, or by any member. Provided, That such member shall have given notice thereof at a previous session of the Council. RULE 21. Every ordinance shall receive two several readings previous to its passage. Such readings shall not be had at the same session; unless, in case of urgency, two-thirds of the Council shall deem it expedient to dispense with this rule. RULE 22. The second reading of an ordinance shall be by sections, at which time amendments are to be offered. But the reading of a succeeding section shall not preclude the offering of an amendment to a preceding one. If no amendment is made, the question shall be: "Shall the ordinance pass?" If amendments are made, the chair shall so report the same. And the ordinance shall be read as amended before the question on its passage is taken. 454 RULES AND REGULATIONS. CITY COUNCIL. RULE 23. After an ordinance has passed the Clerk shall make a fair and correct copy of the same. And the same shall be, by the Clerk, presented to the Mayor for his ap- proval. RULE 24. In all cases where an ordinance, motion, resolution or order shall be entered on the journal, the name of the Alderman moving the same shall be also entered thereon. RULE 25. When a question has been once put to vote and decided, it shall be in order for any member who voted with the prevailing party to move for the reconsideration thereof, at the same or any subsequent meet- ing of the Council. Provided, The subject matter for reconsideration has not passed from the control of the Council. And any member of the Council having the right to move for the recon- sideration, as aforesaid, may, at the same meeting said question was acted upon, give notice of his intention so to do at the next regular meeting of the Council thereafter. And, when such notice is given, it shall be the duty of the Clerk to retain the matter proposed to be reconsidered until the expiration of such subsequent meeting. And, if not then reconsidered, it shall take the usual course. A motion for reconsideration having been put and lost, it shall not be in order to make the same motion a second time. In case of a notice of a motion to reconsider at the next meeting or session of the Council, any member of the prevailing party may at said next meeting or session of the Council make said motion. And a motion to reconsider at the same meeting shall not be entertained. after such notice be given. RULE 26. Petitions, or other papers addressed to the Council, shall be presented by the Clerk or one of its members. RULE 27. It shall be the duty of the Clerk to keep a correct journal of the proceedings of the Council. ļ To cause committees, members of the Council, and city officers to be informed of such duties as they may be charged with by the Council from to time. And perform such other duties as appertain to him as Clerk. He shall give such information to the members of the Council, when requested, as he may be in possession of, relating to the city, its affairs, or the action of the Council. He shall suffer no journal, accounts or papers to be taken out of his custody other than by the regular mode of business of the Council. RULES AND REGULATIONS. 455 R CITY COUNCIL. Nor shall he suffer any paper or writing in his possession to be altered, amended or abridged, without special order of the Council for that partic- ular purpose. And, if any paper, book or memorandum of which he has had, (or should have had) charge, shall be missing, he shall immediately report the same to the Council. RULE 28. Standing Committees, consisting of five members, shall be appointed on the following subjects: (1). Ways and Means. (2). Salaries. (3). Claims. (4). Taxes. (5). Licenses. (6). Bonds of City Officers. (7). Accounts of City Officers. (8). Public Grounds andBuildings. (9). Roads and Bridges. (10). Street Grades and Additions. (11). Fire Department. (12). Water Works. (13). Gas. (14). Sewerage. (15). Markets. (16). Printing. (17). Railroads. (18). Police. (19) .Workhouse. (20). Paving. And of three members on the following subjects: (1). Health and Hospitals. (2). Cancellation. (3). Ordinances. (4). Bethany Home. (5). Rules. RULE 29. In the ordinary transaction of business the following order shall be observed: First--Presentations of petitions and other communications. Second-Reports from Officers of the City. Third-Reports from Standing Committtees. Fourth-Reports from Special Committees. Fifth-Presentation of accounts and other claims against the city. Sixth-Unfinished business. Seventh--Resolutions, motions and other business. RULE 30. The rules of parliamentary practice, embraced in Jefferson's Manual, shall govern the Council in all cases to which they are applicable, and in which they are not inconsistent with the standing rules of the Council. RULE 31. No rules of the Council shall be suspended, altered or amended without the concurrence of two-thirds of the whole Council. 456 RULES AND REGULATIONS. BOARD OF EDUCATION-BY-LAWS. SECTION. 1. Annual Meeting for Organization. 2. Appointing Standing Committees. 3. Regular Meetings.-Special Meetings. 4. Roll Call.-Reading Minutes, etc. 5. Order of Business.-Resolutions and Re- ports in Writing. 6. President, Duties of.-Annual Report. 7. Secretary Duties of.-Annual Report,— Clerical Assistance. 8. Committee Meetings. Committees to Report in Writing. 9. Committee on Rules and Regulations.— Rules, How Amended, etc. 10. Duties of Finance and Claims Com- mittee. SECTION. 11. Committee on Buildings and Repairs, Duties of.-School Buildings, Furni- ture, etc., 12. Committee on Teachers, Janitors and Salaries, Duties of.-Vacancies Filled. 13. Committee on Printing and Insurance. Duties of. 14. Committee on Fuel and Supplies, Du- ties of. 15. Committee on Text Books, Course of Study and Library, Duties of. 16. Erection and Alteration of Buildings, etc. 17. Directors to Visit Schools, Attend Exercises, ete. SECTION 1. The annual meeting of the Board, for organization, shall be held at the time fixed by law in each year. A President pro tem. shall be chosen, and the Board shall at once elect a President and a Secretary for the ensuing year, as provided by law. At any other meeting of the Board, when the President is absent, a President pro tem. shall be chosen. SEC. 2. On or before the next regular meeting after each election, the President shall appoint the following Standing Committees, consisting of not less than three members each, viz.: (1). Rules and Regulations. (2). Finance and Claims. (3). Buildings and Repairs. (4). Teachers, Janitors, Salaries. (5). Printing and Insurance. (6). Fuel and Supplies. (7). Text Books, Course of Study and Library. The member first named shall be chairman; and the President, a mem- ber, ex-officio, of all committees. SEC. 3. The regular meetings of the Board shall be at its office on the last Wednesday of each month at 7:30 P. M. Special meetings may be held as provided by law. SEC. 4. The meeting shall be called to order by the President, the roll called, the members present and absent noted, and the minutes of last meeting read and errors corrected. RULES AND REGULATIONS. 457 1 BOARD OF EDUCATION. SEC. 5. The Order of Business shall be as follows: (1). Communications. (2). Report of Superintendent. (3). Reports of Committees. (4). Resolutions. (5). Unfinished Business. (6). New Business. (7). Claims and Accounts. (8). Adjournment. All reports and resolutions shall be in writing. SEC. 6. The President, or in his absence the President pro tem., shall preside at all meetings of the Board, and perform such duties as are pro- vided by law. In addition to the duties so defined, he shall from time to time bring before the Board such matters as in his judgment may require the atten- tion of the Board. And shall, at the close of the school year, submit a written report of the general condition of the public schools, with his recommendations for changes. At the request of any member, he shall take the sense of the Board upon any motion, by yeas and nays. SEC. 7. The Secretary shall perform such duties as are provided by law; and in addition thereto he shall make and keep a list of all property, real and personal, belonging to the Board. He shall file all reports, resolutions and documents acted upon by the Board, and make an estimate necessary for the annual tax levy. And at the close of the year submit a report of all receipts and dis- bursements. The Board shall provide such clerical assistance as may be necessary in the discharge of his duties, and the duties of the several committees. SEC. 8. All Committees shall hold meetings, as often as may be necessary, for the due consideration of matters properly belonging to each. And no recommendation shall be made to the Board, unless acted upon in committee on a day previous to the meeting of the Board. They shall promptly report in writing upon all matters referred to them, and return all papers with their reports. SEC. 9. The Committee on Rules and Regulations shall have charge of all rules and regulations necessary for the guidance of the Board and the management of the schools and buildings. These rules shall be printed and a copy kept at all times at the office of the Board, at the office of the Superintendent, and in each of the schools. They shall be amended only by a vote of five members of the Board. SEC. 10. The Committee on Finance and Claims shall prepare and re- port estimates of all appropriations for the expenses of the coming year. They shall quarterly compare the vouchers of the Secretary with the warrants drawn upon the Treasurer, and report to the Board the result of such examination. 458 RULES AND REGULATIONS. BOARD OF EDUCATION. They shall fully examine all claims against the Board, and see that the items thereof have been duly authorized, and the prices charged therefor correct. They shall report to the Board, with their approval, such as are proper: to be paid. All claims shall be filed with the Clerk at least two days before the regu- lar meeting. SEC. 11. The Committee on Buildings and Repairs shall have the imme- diate care and control of all school buildings and the furniture thereof, to- gether with the real estate belonging to the Board. They shall, when duly authorized by the Board, cause to be erected new buildings, upon plans approved by the Board. They shall have the superintendence of altering, improving or repairing the school buildings and out-houses which may be authorized by the Board- In case of sudden injury, by fire or otherwise, to any of the school build- ings or premises, they shall at once proceed to repair the same and report to the Board at its next meeting for approval. All accounts pertaining to their work shall be certified by the said Com- mittee. SEC. 12. The Committee on Teachers, Janitors and Salaries shall, at the regular meeting in May, submit to the Board a list of teachers. And at the regular meeting in August, a list of janitors and other employes for the various schools, with the salary thereto attached, for the ensuing year. And the Board shall as soon thereafter as practicable select the same. When for any cause a vacancy shall exist, they shall fill the same and re- port to the Board at the next meeting for its approval. They shall see that the rules prescribed by the Board for the guidance of janitors are faithfully carried out, and see that such rules are kept posted in each school building. SEO. 13. The Committee on Printing and Insurance shall have charge of all printing ordered by the Board. They shall submit to the Board an estimate of the insurance proper to be kept on the buildings and other property of the Board. They shall keep a register of policies, giving the date, time to run, rate of insurance, and amount insured, with the date of expiration and property insured. They shall, at the close of the year, report the condition of the business entrusted to them. SEC. 14. The Committee on Fuel and Supplies shall, at the regular meet- ing in July, submit to the Board an estimate of the fuel and all other sup- plies needed for the ensuing school year. They shall submit such proposals for furnishing the same as may be re- ceived upon due public notice. M 1 RULES AND REGULATIONS. 459 BOARD OF EDUCATION. They shall attend to the distribution, measurement, weight and delivery of all fuel and supplies. All supplies shall be issued on the requisition of the Principal or Super- intendent of Schools. At the close of the school year they shall submit a full report. All accounts pertaining to their work shall be certified by said Com- mittee. SEC. 15. The Committee on Text Books, Course of Study and Library, in conjunction with the Superintendent, shall have charge of the selection of text books and the course of study, subject to the approval of the Board. This shall include the department of music, drawing and penmanship. They shall have charge of the purchase of all books for the library, sub- ject to the approval of the Board. They shall see that the books are properly classified, arranged and cata- logued, and that they are kept in good condition; and shall see that the rules of the Board for its management are faithfully carried out. SEC. 16. All work, in the erection or alteration of school buildings, shall be done under the supervision of the proper committee and the duly ap- pointed agents of the Board. Where any work is done under contract, and in all cases of the purchase of materials or supplies of any kind for the Board in a sum in any one case exceeding two hundred dollars, the same shall be only after due public no- tice and upon bids according to specifications duly reported to the Board. Before executing any contract, the Board may require a proper bond for the faithful performance of any work. SEC. 17. Each Director shall devote himself to the general interests of the schools, and visit the schools as often as practicable. He shall aim to attend all public exercises of the schools, and to do all in his power to acquaint himself with the conduct and discipline of the schools, and to promote their efficiency. *BOARD OF EDUCATION--RULES FOR SCHOOLS, ETC. SECTION. 1. Public Schools Classified. 2. Primary Schools, Grades and Control. 3. Pupils to be Six Years Old or Over.- Vaccination. 4. Intermediate, Grammar and High Schools.-Grades and Control. 5. High School.-Qualification of Pupils. -Advancing or Reducing Pupils. SECTION. 6. Course of Study-Diplomas. 7. Graduating Classes.-Public Exhibi- tions, etc. 8. Superintendent, Duties, etc. 9. Classification and Grading of Schools, Boundaries, etc. 10. Superintendent to Visit Schools. -Ac- countability of Teachers, etc.. * Rules relative to Course of Study, etc., will be found in pamphlet issued by the Board. 460 RULES AND REGULATIONS. SECTION. 11. Suspension of Pupils. BOARD OF EDUCATION. 12. Examinations of Teachers, etc. 13. Rules for School Examinations. 14. Promptness of Teachers.--Substitutes, etc. 15. Blanks for Registers and Reports.' 16. Classification of Teachers in Grades. 17. Report of Condition of Schools, En- rollment, etc. 18. Sessions of Board.-Superintendent to Attend. 19. Principals, Duties of. 20. Examination and Admission of Pupils. 21. Advice to Teachers.-Teachers' Meet- ings. 22. Opening and Closing Schools. 23. Program of Daily Exercises.-Reports of School Work. 24. Teachers to Observe and Enforce Rules. - Duties. 25. Teachers to be at Post of Duty, When. 26. Teachers During Intermission. 27. Teachers to Prepare Themselves in Studies Pursued. 28. Teachers, When Unable to Perform Du- ties. 29. Absence or Tardiness of Pupils.-Duty of Teacher. 30. Respect and Obedience of Pupils.-Un- ruly Pupils. 31. Agents for Books or Apparatus Re- strained.-Award of Medals, etc. 32. Rules to be Read to School. 33. Enrolling Names, Marking Absentees, etc.-Vaccination Register. 34. Care and Responsibility of Teachers.- Good Order and Neatness in Halls, etc. 35. Discharge or Suspension of Teachers. 36. Teachers to Devote Themselves Exclu- sively to Duties. 37. Special Teachers of Music, Penmanship and Drawing. -Duties. 38. Pupils Entering School First Time. 39. Application for Admission. 40. Pupils to Live in District. SECTION. 41. Tuition of Non-Residents. 42. Regularity of Attendance.-Deportment, Cleanliness, etc. 43. Excuses for Absence or Tardiness.-Res- toration of Suspended Pupils. 44. Pupil to Forfeit Seat, When.-Permis- sion to Return. 45. Leaving School Without Permission.- Truants. 46. Damaging School Furniture, etc. 47. Absence from Examination. - Pupils Around Building-Tardiness, etc. 48. Time for Opening Buildings:-Pupils at Recess. 49. Passing from One Grade to Another. 50. High School Examinations.-Average to Promote. 51. Written Examinations. - Average Re- quired. 52. Evening Schools.-Management, etc. 53. Sessions of Evening Schools. 54. Age of Pupils in Evening Schools. Courses of Study.-Compensation of Teachers, etc. 55. Janitor to Open, Heat and Light Rooms. -Compensation. 56. Examination of Applicants for Teach- ers' Positions. 57. Janitors, Duties of.-Responsibility for Damages. -Drinking and Smoking. 58. Clerk of Board, Duties of-Pay Roll.- Visit Schools.-Claims Examined, etc. 59. Superintendent of Buildings, Duties of. -Construction, Repairs, Trees, Grass Plots, etc. 60. Library.-Books, Maps, etc. 61. Classification of Books, etc. 62. Record of Pupils Taking Books. 63. Library to be Kept Open.-Manner of Drawing Books. 64. Dictionaries, Encyclopedias, Maps, etc. 65. Time-Books May Be Retained. 66. Damaged or Lost Books. 67. Violations to be Reported. 68. Rules to be Kept Posted. 69. Annual Report of Librarian. SECTION 1. The Public Schools of the City of Minneapolis shall be classified as follows: (1). Primary Schools. (2). Intermediate Schools. 1 (3). Grammar Schools. (4). High Schools. SEO. 2. The Primary Schools shall consist of the first, second and third grades. ! ) } RULES AND REGULATIONS. 461 BOARD OF EDUCATION. They shall be under the supervision of their respective teachers, but subject to the principal of the school building. SEC. 3. No pupil shall be admitted under six years of age, and who shall not furnish satisfactory evidence of vaccination, or evidence that the same cannot be safely done. SEC. 4. The Intermediate Schools.shall consist of the fourth and fifth grades. The Grammar Schools shall consist of the sixth and seventh grades. The High School shall consist of the eighth, ninth, tenth and eleventh grades. It shall be under the supervision of a Principal. Branch High Schools may be established by the Board, but in no case to extend beyond the ninth grade. SEC. 5. No pupil shall be admitted to the High School who has not passed a satisfactory examination in the branches taught in the Grammar School. If, at the end of the first or any term, he does not maintain a fair posi- tion in the classes, he may be reduced to the proper grade. Nor shall he pass from a lower to a higher class except upon a satisfac- tory examination. SEC 6. The course of study in the High School shall occupy four years. On its completion each pupil shall receive a diploma, signed by the Presi- dent and Secretary of the Board of Education, the Principal of the High School, and the Superintendent of Public Schools. Sec. 7. The graduating class in each year shall, under the direction of the Board and Superintendent, give a public exhibition of their attainments at such time and place as the Board of Education may designate. But no presents of any kind, except the diplomas, shall be given or re- ceived on the platform at such exercises. SEC. 8. The Superintendent of Public Schools shall have general super- vision over all the schools, teachers, janitors and apparatus; and shall act at all times under the immediate direction of the Board. He shall see that all the rules and regulations of the Board, regarding the government of the public schools, are observed and enforced. SEO. 9. He shall superintend the classification and general arrangement of the different schools, grading the scholars in accordance with the course of study laid down by the Board, and seeing that the progress of all schol- ars of the same grade shall be uniform in all schools. And to this end he may designate and establish the boundaries for each school, subject to the approval of the Board. 462 RULES AND REGULATIONS. BOARD OF EDUCATION. SEC. 10. He shall, as often as practicable, visit each school, observe the action of teachers, their methods of instruction, modes of discipline, and their peculiar fitness for the work with which they are charged. He shall carefully keep watch of the general progress of the schools, and point out such defects as are apparent, and suggest the necessary remedies. He shall aim to keep, so far as may be practicable, all the schools under his personal supervision, and hold Principals and teachers to a strict ac- countability in their work, so that it may be faithful, efficient, and produc- tive of the best results. SEC. 11. He shall give prompt attention to every instance of a pupil duly reported to him by the Principal, and if after due examination it shall ap- pear that such pupil is not willing to obey the rules and regulations of the schools, he shall suspend such pupil and report the same to the Board at its next meeting. SEO. 12. He shall examine all teachers as to their fitness for the work, and, on or before the regular meeting in May, shall submit to the Commit- tee on Teachers a list of all teachers recommended for the ensuing year, and the places which in his judgment they are best fitted to fill. SEO. 13. He shall make all necessary regulations for conducting exam- inations in the schools, and see that they are faithfully carried out. SEC. 14. He shall see that all teachers are prompt at their post of duty, and in case of absence of any teacher, he shall procure a substitute, and re- port the same in his monthly report. SEC. 15. He shall see that all teachers are furnished with the necessary blanks for school-registers, and for reports required by the regulations of the Board, and see that in their use uniformity be secured. SEO. 16. He shall classify the teachers into such grades as he may deem best, and shall call them together at his discretion Saturdays for imparting to them such information as to him may seem best. SEC. 17. He shall submit to the Board a written report monthly of the condition of the schools, the number of enrollments and efficiency of the work. At the close of the school-year he shall submit an abstract of the re- ports of teachers, and a comprehensive statement of the work to him entrusted. SEO. 18. He shall attend the regular sessions of the Board, and, when called upon, those of the Standing Committees. He shall have regular office hours. RULES AND REGULATIONS. 463 BOARD OF EDUCATION. SEC. 19. The Principal of each school, under the direction of the Super- intendent, shall have supervision over the different departments therein, and see that all teachers faithfully discharge their duties, that they are punctual in attendance, preserve good order, and keep their registers properly. In case of any difference between Principal and teacher, the case shall be reported to and promptly decided by the Superintendent. SEC. 20. He shall admit pupils to the school at such time as shall be prescribed by the Board, and after examination by him shall assign the same to the proper classes. SEC. 21. He shall see that the teachers under him are advised as to the rules and regulations regarding the government and classification of the schools, and that they carry out the same. He shall hold meetings of the teachers in the school when necessary. SEC. 22. He shall be at his school twenty minutes before the time of opening the morning session. He shall see that the opening and closing of the schools are regular and uniform, and that the clocks in his building are kept at uniform standard time. SEC. 23. He shall, within two weeks after the commencement of each term, furnish the Superintendent and Clerk of the Board with the pro- gramme of the daily exercises in the school under him. And at the end of each month he shall furnish to the Superintendent and Clerk of the Board full reports of the work in said school. SEC. 24. All teachers, under the supervision and direction of the Prin- cipals and Superintendent, shall observe and enforce the rules and regula- tions of the Board in relation to the instruction and discipline of their school, and attend all meetings of the teachers called by the Superinten- dent and Principal. SEC. 25. They shall be at their post of duty twenty minutes before the morning or afternoon session, and every violation of this rule shall be re- ported on the monthly report by the Principals. SEC. 26. During intermission one of the teachers in turn shall remain in the building, under direction of the Principal, whenever the state of the weather or extent of the district makes it necessary for pupils to remain. SEC. 27. They shall thoroughly prepare themselves daily in the studies pursued in their classes, and shall exercise careful supervision over the pupils while on the premises, and admonish them, when necessary, to be orderly while going to or returning from school. SEC. 28. Any teacher unable to perform his duties shall notify the Principal, so that a substitute may be on hand. 464 RULES AND REGULATIONS. * BOARD OF EDUCATION. SEC. 29. Each teacher shall, at the close of each day of school, notify the parent or guardian of the pupil of the absence or tardiness of such pupil, and so note the fact in the register. SEO. 30. Teachers are entitled to the respect and obedience of the pupils; the best disciplinarian is he who can preserve order by gentle in- fluence. Unruly pupils may be sent to the Principal for reprimand, and by him, if necessary, to the Superintendent. SEC. 31. No agent or other person shall be allowed to exhibit in the school any books or articles of apparatus, unless specially authorized by the Superintendent. No contribution for any purpose shall be allowed to be taken up in the schools, and no teacher shall receive presents of any kind from pupils, nor shall a teacher award medals or prizes to pupils without the permission of the Superintendent. SEC. 32. Each Teacher shall, at least once each term, read to his school such rules of the Board for the government of the schools as he deems necessary, and see that a copy of the rules is at all times kept in the room under his charge. SEC. 33. He shall enroll the names of his pupils as soon as admitted, carefully mark all absences each half-day, and report monthly to the Prin- cipal the number admitted and average attendance. He shall also keep a vaccination register. SEC. 34. Teachers shall have the immediate care of their respective school rooms, and shall be held responsible for the preservation of all furniture and apparatus therein. They shall also co-operate with the Principal in securing good order and neatness in the halls and about the school premises. SEC. 35. Any teacher may be discharged by the Board or suspended by the Superintendent for improper conduct, unfaithfulness in the perform- ance of duty, or the want of that success necessary in the progress of the school; such suspension shall be reported to the Board for its approval at its first meeting. SEC. 36. Teachers shall devote themselves exclusively to the duties of their position, and shall not engage in the instruction of private classes nor any other outside employment. SEC. 37. The special teachers of music, penmanship and drawing shall meet the regular teachers, for instruction in these branches, at such times as the Superintendent may designate. They shall each, at the beginning of the term, furnish to the Superin- tendent a programme of exercises, showing the days when and the parts of hours they will require for instructing the schools, and the Superintendent shall regulate the same. 1 } ; 1 RULES AND REGULATIONS. 465 BOARD OF EDUCATION. During such exercises in the schools, the teacher of the room shall at all times remain and co-operate in the preservation of order and discipline, and in enforcing observance of the instructions given. They shall report in writing monthly to the Superintendent and through the Superintendent to the Board, the progress of the work, and in person to the Superintendent at such hours as he may designate for consultation. SEC. 38. Pupils entering the school for the first time shall apply to the Principal. They must be accompanied by a parent or guardian, who shall furnish satisfactory evidence that the pupil is six years old and has been vaccinated, or evidence that the same cannot be safely done. SEC. 39. Such application should be made on Mondays, and to the Principal of the school within the boundary for such school· Any pupil about to remove to another district, shall notify the Principal of his school, who shall grant him a certificate of transfer, which shall en- title him to admission to a corresponding grade. SEC. 40. No pupil shall be admitted to a school, outside of the school boundaries in which he lives, without a permit from the Superintendent. SEC. 41. No pupil, whose parents or guardian are not actual residents of the city, shall be admitted to the schools without first paying to the Secretary of the Board the tuition in advance, and no one shall be retained in any school when the school-room facilities are only sufficient to accom- modate the children of parents who are residents. Said tuition shall be as follows: Primary and Intermediate Schools.. Grammar Schools.... High School.. 1st term. $5.00 2d term. 3d term. $4.00 $4.00 6.00 5.00 5.00 8.00 6.00 6.00 The school year shall consist of forty weeks. It shall commence on the first Monday in September and shall be divided into three terms, by a va- cation of one week at the Christmas holidays, and a vacation of one week commencing on the first Monday in April. There shall be no session of the schools on any legal holiday, nor on the day following, when such holiday occurs on Thursday. SEC. 42. Every pupil is expected to attend school constantly and punct- ually, to conform to all the rules of the school, to obey all the directions of the teachers, to observe good order and propriety of deportment, to be dili- gent in study, respectful to teachers, and kind and obliging to schoolmates, to refrain from all hasty or improper language, and to be clean and neat in person and attire. SEC. 43. Any pupil absent or tardy from any cause shall, after one ses- sion at most, bring to the teacher a written excuse from his parent or guar- dian for such absence or tardiness. 466 RULES AND REGULATIONS. BOARD OF EDUCATION. Such excuse shall only be for the sickness of the pupil, sickness in the family, or the avoidance of exposure to the weather. When not deemed sufficient the teacher shall mark on the record "not accepted;" any pupil absent three consecutive days shall be marked "left." If absent on account of the above reasons, restorations may be made by the Principal; if from other cause, by the Superintendent. SEC. 44. Any pupil absent two half days or tardy twice in two consecu- tive weeks without proper excuse, shall forfeit his seat in the school, and the teacher shall notify his parent or guardian, and the Superintendent, through the Principal, that the pupil is suspended. And he shall not return to school until his parent or guardian shall have given to the Superintendent satisfactory evidence that the pupil will be punctual in the future, and shall have obtained permission from the Su- perintendent. SEC. 45. Leaving school without permission and truant-playing are strictly forbidden, and no pupil violating this rule shall be received with- out his first obtaining permission from the Superintendent. SEC. 46. Pupils guilty of injuring any of the school-furniture or pro- perty shall pay in full for all damage; in default of which they may be suspended, and re-admitted only on permission of the Superintendent. Scc 47. No pupil shall absent himself from any regular examination of the school without proper excuse from his parent or guardian. They shall not be permitted to assemble about the building, at an un- reasonable hour before the opening of school, nor remain after the schools are dismissed. If any pupil comes to school untidy in person or attire, he may be sent home to be properly prepared for the school-room. If afflicted with any contagious disease or exposed thereto, he shall not be allowed to remain. SEC. 48. All school buildings shall be opened by the janitors for the admission of pupils twenty minutes before the opening of school each Lorning. In special cases, where pupils are allowed to remain at noon, a teacher shall also remain and maintain order and decorum during such time. All pupils in health shall be expected to pass out of the school-room at recess, but not to remain out when it would occasion an exposure of health. The recess shall be arranged by the Principal.、 SEO. 49. Before passing from one grade to another, pupils must sustain a satisfactory examination in their previous studies, under the direction of the Superintendent. } RULES AND REGULATIONS. 467 BOARD OF EDUCATION. In the fourth grade an average per cent. of sixty-five, including term- examinations, shall be required; in the fifth, sixth and seventh grades, seventy per cent., including term-examinations; and for admission to the High School, a general average of seventy-five per cent., including term-ex- aminations, unless otherwise ordered by the Superintendent. SEC. 50. No pupil of the High School shall be permitted to pass any branch of study in the course selected by said pupil, whose standing on final examination of such study, including the final examination, shall not reach an average of seventy-five per cent. SEC. 51. Classes in the High School, Grammar and Intermediate grades shall, twice a year, be subject to a written examination; and any pupil in the High School and Grammar grade whose average per cent. shall be below seventy-five during two successive term-examinations, and any pupil in the Intermediate grade whose average per cent. shall be below seventy for two successive term-examinations, shall be reported to the principal for as- signment to a lower class. SEC. 52. Evenings Schools, when ordered by the Board in any year, shall be under the care of the Superintendent. And shall be opened on the first Monday in November and continue until the last Friday in February succeeding, and have the same vacations as the regular schools. Whenever the average attendance in any of these schools does not ex- ceed thirty, it may be discontinued at the end of the month. SEC. 53. There shall be five sessions each week, from 7:15 to 9:15 o'clock, P. M. SEC. 54. Pupils must be at least ten years of age, and shall be subject to the same rules and discipline as pupils of the regular schools. The instruction shall be confined to reading, writing, spelling and arith- metic, and such other branches as the Committee on Text Books and Course of Study may designate. And the teachers, except Principals, shall be other than those regularly employed as teachers in the public schools. The wages shall be fixed by the Board, on a list furnished by the Super- intendent. Each Principal shall report monthly to the Superintendent the progress of his work, who shall report to the Board. SEC. 55. The janitors of such buildings as may be designated by the Board for evenings schools, shall promptly open, heat and light the rooms designated. And for such services shall be paid twenty-five cents per evening extra for each room so used. 468 RULES AND REGULATIONS. BOARD OF EDUCATION. SEO. 56. Applicants for positions as teachers shall be examined in arithmetic, grammar, United States history, geography, reading, spelling, penmanship, music and drawing, and theory and practice of teaching and physiology. Those to teach the ancient or modern languages, or other branches, shall be examined therein. The general average therein of any applicant shall be seventy-five per cent. SEO. 57. Each janitor shall be subject to the Superintendent of Schools, the Clerk of the Board, and Superintendent of Buildings. He shall engage in no other occupation, but shall devote himself en- tirely to the care, cleaning and heating of the building, and keeping the grounds and outhouses in neat condition. He shall open his building promptly for the schools, and remain in and about the same during school hours. Where evening schools are in operation, he shall open, light, and heat the rooms necessary. He shall do all scrubbing and cleaning, make all needed repairs, such as mending walks, glazing windows, whitewashing basements, closets or fencing, and do any work required in his line by the Clerk of the Board, Superintendent of Schools or Superintendent of Buildings. He shall aim to faithfully keep the temperature in the class-rooms at a standard of seventy degrees Fahrenheit, and shall freely consult with the Principal as to the manner of heating. Teachers and pupils shall have nothing to do with the apparatus for heating. He shall, when school is not in session, keep his building properly closed; and his place of residence shall be kept posted on the outer door of the basement. He shall be responsible for all damage done to the building, grounds, or property contained therein, occasioned by his neglect. During vacation of the schools he shall continue in charge of the build- ing and grounds, and devote his time to putting and keeping the same in proper condition, under the direction of the Clerk of the Board and Su- perintendent of Buildings. In case of needed repairs, he shall immediately notify the Committee on Janitors, Clerk of the Board, or Superintendent of Buildings. Drinking and smoking are absolutely forbidden on the premises. SEO. 58. The Clerk of the Board shall do such clerical work as may be required by the Board and the Secretary. He shall also act as Clerk for the various Committees and carry out such instructions as may be given by them in the performance of their various duties. He shall also make a report thereof. 1 ! 4 ¦ > RULES AND REGULATIONS. 469 BOARD OF EDUCATION. He shall, also, under the direction of the Committee on Janitors, regu- larly visit the school buildings, and see that all janitors faithfully perform their duties. He shall, under the direction of the Committee on Supplies, properly distribute the same. His office shall be at the room of the Board, for which he shall have regular hours, and the remaining time shall be used in the performance of his duties for the Board elswhere. All claims against the Board shall be by him accurately examined, see- ing that the same have been properly authorized, that the prices charged are correct, and seasonably lay the same before the appropriate committee. He shall do any other work required by the Board. SEC. 59. The Board may appoint a Superintendent of Buildings, whose business shall be to superintend the construction of buildings, seeing that the materials used are of the required standard and the work properly done. He shall supervise all repairs to be made in and about the buildings, the placing of furniture, the work of cleaning and repairs by janitors; and generally, see that all buildings, heating apparatus, gates, fences, trees shrubbery, and grass-plots are kept in good order and condition. He shall engage in no other business, and devote his entire time and attention faithfully to his work. He shall report monthly in writing the work done, and suggest needed repairs, if any. SEC. 60. All books, maps and other articles belonging to the Library shall be kept in care of the Librarian, in its room at the High School. SEC. 61. All books shall be kept thoroughly classified, arranged and catalogued, and shall be drawn out only by the pupils and teachers of the public schools. SEC. 62. The Librarian shall keep a strict record of the names of per- sons taking books, the date when taken, when returned, and the condition of the books when taken and returned. SEC. 63. The Library shall be kept open, every school-day and Saturday of each week, from nine a. m. till twelve m., and one p. m. till five o'clock p. m., for the return and delivery of books. Pupils shall present a card from the Principal of the school to which they belong, stating their names and position in the schools. SEC. 64. Dictionaries, encyclopedias, maps or atlases shall not be taken from the library-room. SEC. 65. No person shall be allowed to retain a book longer than two weeks, and no more than one at a time. 470 RULES AND REGULATIONS. i BOARD OF EDUCATION. SEC. 66. If a book is seriously damaged or lost, the person to whom it is charged, at the time of its injury or disappearance, shall furnish a new book of the same kind for the Library, or pay for the same. And any person refusing to replace or pay for such book shall thereafter be deprived of all benefits of the Library. SEC. 67. Any violation of these rules shall at once be reported by the Librarian to the Superintendent. SEC. 68. These rules shall be constantly kept posted in the Library. SEC. 69. The Librarian shall submit a full report to the Board, through the Superintendent, at the close of the school year. He shall perform such other duties as may be required by the Superin- tendent. *BOARD OF PARK COMMISSIONERS' RULES. SECTION. 1. Regular Meetings. 2. Special Meetings. 3. Hour of Meetings. 4. Quorum and Adjournment. 5. Place of Meeting. 6. Notice of Meeting. 7. "General Business." 8. Transactions at Special Meetings. 9. Called to Order. 10. Roll-Call, Minutes, etc. 11. Order of Business. 12. Reports, etc., in Writing. 13. Duties of President. 14. Duties of Vice President. 15, Duties of Secretary. 16. Standing Committees. 17. Appointment of Committees. 18. Chairmen of Committees. 19. Committee on Improvements. SECTION. 20. Committee on Finance. 21. On Judiciary. 22. On Designation of Grounds. 23. On Employment and Supplies. 24. On Police. 25. On Shore Rights and Privileges. 26. On Entertainments and Winter Sports. 27. On City Forestry. 28. Reserved Powers of Board. 29. Special Committees. 30. Appointed Officers, Employes, etc. 31. Superintendent of Parks. 32. Payment of Employes. 38. Orders for Supplies. 34. Sale of Trees, Shrubs, etc. 35. Payment of Interest, etc. 36. Authority to Bind Board. 37. Bonds for Payment of Labor, etc. 38. Suspension of Rules, etc. SECTION 1. Regular meetings of the Board shall be held on the first and third Saturday in each month, from April to October, inclusive. And on the first Saturday in each month, from November to March, in- clusive. *Adopted April 14, 1888. 1 RULES AND REGULATIONS. 471 ARK COMMISSION. SEC. 2. Special meetings may be called by the President whenever he deems the same expedient. And shall be so called whenever three Commissioners shall request the same in writing. SEC. 3. The hour of meeting shall be at half-past two o'clock in the afternoon, unless a different hour shall be determined upon by the Board for any meeting. Provided, That the President may select such hour as he deems best, when a special meeting is called. SEC. 4. The Board may adjourn from time to time, absentees being notified thereof. And in case there shall be no quorum present on the day fixed for a regular, adjourned, or called meeting, the Commissioners present may adjourn from time to time, until a quorum be obtained; or may adjourn said meeting sine die. SEC. 5. The place of meeting, unless otherwise ordered by the Board, or otherwise specified in the call for a special meeting, shall be at the office of the Board. SEC. 6. Each Commissioner shall be notified, at least two days previous to any special meeting, of the time, place and purpose of the same. Said notice shall be given by the Secretary and shall be in writing, and served personally, or deposited in the post-office at least two days before the day appointed for holding such meeting. SEC. 7. A call for a special meeting, "for the transaction of general busi- ness,” shall be deemed to cover any and all business that might properly be transacted at a regular meeting. SEC. 8. No business shall be transacted at any special meeting other than that named in the call therefor. Except by consent of two-thirds of the entire Board (or unanimous con- sent, if less than two-thirds are present), in which event any measure adop- ted by a vote of a majority of the entire Board shall have the same effect as if so adopted at a regular meeting. SEC. 9. Meetings shall be called to order by the President, or in his ab- sence by the Vice President. In the absence of both, the Secretary shall call the meeting to order, when those present may elect a President pro tem. SEC. 10. The roll shall be called at the opening of each meeting, and a record made of Commissioners present or absent. The minutes of previous meetings shall then be read for approval, and errors noted, after which the regular order of business shall be taken up. Provided, That the reading of the minutes may be laid over to a subse- quent time. 472 RULES AND REGULATIONS. PARK COMMISSION. I SEC. 11. The Order of Business, after roll-call and reading of minutes, shall be as follows, unless otherwise ordered by the Board: (1.) Petitions and Communications.] (5.) Of Special Committees. (2.) Presentation of Claims. (3.) Reports of Officers. (4.) Of Standing Committees. (6.) Unfinished Business. (7.) New Business, Motions, etc. (8.) Adjournment. SEC. 12. All reports shall be in writing; as shall also motions and reso- lutions, when it is desired that more than the substance thereof be entered on the minutes. Reports shall be presented by the Secretary in the order of their recep- tion by him, unless the Board shall otherwise direct. And the same rule shall apply to written resolutions and motions, which shall have priority over other new business. SEO. 13. The President shall perform the duties devolving upon him by law, and shall preserve order and decorum, and enforce the rules and regu- lations of the Board. He may present to the Board such matters as, in his judgment, require attention, and need not vacate his chair for that purpose unless proposing to discuss the same. He shall direct the yeas and nays to be taken and entered on the record, on any question before the Board, at the request of any Commissioner. Where the Board has no established rule of parliamentary practice, the the President shall be guided, as near as may be, by Roberts' Rules of Order. The President shall exercise a general supervision over the business, papers and property of the Board. He shall execute all bonds, deeds, contracts, or other instruments re- quired or directed to be executed on behalf of the Board, the same to be attested by the Secretary. SEO. 14. The Vice-President shall act, in the absence of the President, at any meeting. And, when the President is absent from the city, all the duties of his office or as a member of any Committee of which he may be a member, shall temporarily devolve upon the Vice-President. But shall not sign park-bonds, incurring indebtedness, unless expressly authorized by the Board. SEC. 15. The Secretary shall perform the duties required by law, and all duties properly devolving upon such officer. He shall have charge of and attend the office of the Board when the Board shall not be in session, as the Board may from time to time direct. He shall attend all meetings of the Board, and of its Committees, when required. 1 i f RULES AND. REGULATIONS. 473 PARK COMMISSION. He shall keep a true and complete record of the proceedings of said Board, and have charge of all books, documents and papers, which properly belong to his office. He shall draw all orders on the City Treasurer, payable out of the "City Park Fund," for all bills ordered paid by the Board, which orders shall be signed by the President. He shall keep, in proper form, books of account, showing the moneys re- eeived by and paid out of the "City Park Fund." He shall cause all paid-vouchers to be filed and properly preserved and have custody of the corporate seal, attaching the same to all documents which require sealing. He shall furnish any information obtainable from the books of the Board, at the request of any Commissioner. And shall perform such other duties as the Board may from time to time require. SEC. 16. Standing Committees shall be appointed at the first regular meetings in each year, or as soon thereafter as may be, as follows: (1. On Improvements. (2). On Finance. (3). On Judiciary. (4). On Designation of Grounds. (5). On Employment and Supplies. (6). On Police. (7). On Shore Rights and Privileges. (8). On Entertainments and Winter Sports. (9). On City Forestry SEO. 17. Except as otherwise ordered by the Board, Committees shall consist of three members each. Except the Committee on Improvements, which shall consist of five members. The President shall appoint all Committees, unless the Board shall other- wise direct. And shall be ex-officio a member of and Chairman of the Committee on Improvements. The Board may at any time increase the number of members on any Committee in such way as it may deem best. SEC. 18. The first member named on a Committee shall be the Chairman thereof, unless a majority of the Committee shall decide otherwise. The Chairman of a Committee shall call the same together at such time and place as he may deem proper whenever there is any business requiring the attention of the Committee. SEC. 19. The Committee on Improvements shall have general supervision of work ordered by the Board. In an emergency, the Committee may act for the best interests of the Board, without awaiting instructions. They shall make monthly reports to the Board, and recommend such improvements from time to time as they may deem advisable. 474 RULES AND REGULATIONS. PARK COMMISSION. SEC. 20. The Committee on Finance shall have general supervision of the finances of the Board, examine and pass upon claims before the same are allowed, and fix the compensation of all employes when not otherwise provided for. They shall estimate and present a rate for tax-levy, audit the books of the Secretary, and pass upon the financial reports of officers. No claim shall be considered by them unless it shall have first have been presented to the Board. Nor shall any claim be presented to the Board, which is not certified by the Commissioner or officer ordering the material or labor charged for, un- less the attention of the Board is called to the fact that it is not so certified. The Committee on Finance may approve any pay-roll for park employes, pending a meeting of the Board, whenever they may deem the same advisable. In which event a warrant may be drawn therefor and the facts subse- quently reported to the Board. SEC. 21. The Committee on Judiciary shall prepare such enactments as may be deemed proper; and if the same are approved by the Board, cause the same to be presented to the Legislature for action thereon. They shall prepare such rules and regulations, for the government of the Board and its employes, and ordinances for the proper government and use of the Parks and Parkways, as may be deemed proper, submitting the same to the Board for approval. They shall perform such other duties as the Board may from time to time require. SEC. 22. The Committee on Designation of Grounds shall examine and report upon all propositions for extensions of, or new parks or parkways, and take charge of the purchase and sale of lands for or by the Board. They shall, subject to the approval of the Board, designate names for Parks and pieces of land coming into the control of the Board, and perform such other duties as may be proper. SEC. 23. The Committee on Employment and Supplies shall have general supervision of the hiring of employes, the purchase of supplies, printing of reports, etc., subject to the directions of the Board. SEC. 24. The Committee on Police shall have general supervision of the Park Police, and shall see that all police regulations and ordinances are properly enforced. They may at any time suspend or discharge any Park Policeman. SEC. 25. The Committee on Shore Rights and Privileges shall have general supervision of the use of shores for boating purposes, etc., and of all buildings erected on any Park or Parkway by the Board, or under its authority. All matters relating to privileges for refreshment-stands, bathing-houses, boat-landings, etc., shall, subject of approval of the Board, be passed upon by said Committee. RULES AND REGULATIONS. 475 PARK COMMISSION. SEC. 26. The Committee on Entertainments and Winter Sports shall have general supervision over the use of park grounds for picnic purposes, band-performances, fireworks-displays, etc. They shall further supervise the use of said grounds for skating-rinks, toboggan-slides, speeding-tracks, etc., subject to the approval of the Board. SEC. 27. The Committee on City Forestry shall exercise a general supervision over the work of the City Forester and his assistants. And shall superintend the sale and planting of shade and ornamental trees, for the adornment of private grounds, etc., when the same is done by the Board or its employes. SEC. 28. Nothing in the foregoing shall be so construed as to waive the right of the Board at any time to increase or curtail the duties of any com- mittee, or to direct and control their action. SEC. 29. Special Committees may at any time be appointed by the Board, in such manner and for such purpose as may deemed best. Said special committees, unless otherwise ordered, to consist of three members each. SEC. 30. The Board may elect a Superintendent of Parks, a Board At- torney, a Chief of Park Police, a City Forester, and such other officers and employes as it may deem proper. Their duties shall be such as may from time to time be determined; and their terms of office, compensation, etc., shall be fixed by the Board. SEC. 31. The Superintendent of Parks shall have general charge thereof and shall, except as otherwise expressly directed, act under the direct supervision of the Board. In addition to his other duties he shall cause to be made out a monthly pay-roll of park employes, certify to its correctness, and deliver the same to the Secretary at as early a date as practicable. When employes shall have been discharged, and hardship would other- wise ensue, he may give a time-check for the amount due, entering the fact thereof on the pay-roll. He shall make a yearly inventory of property coming into his hands and account for all he may have received, and perform such other duties as the Board may require. SEC. 32. Discharged employes having time-checks, as provided in the last-above section, may, on presentation of the same to the Secretary, be paid from the Contingent Labor-Revolving Fund, the same being reim- bursed at each settlement of the monthly pay-roll. SEC. 33. Written orders, on blanks prepared for the purpose, shall be given for all supplies ordered for the Board, the same to be signed by the party ordering the same. 476 RULES AND REGULATIONS. PARK COMMISSION. Said orders shall accompany the claims for payment, when presented to the Board. SEC. 34. No trees, shrubs, etc., shall be sold to private parties, nor shall the same be planted by Board employ es, unless payment therefor be made in advance, in such manner as the Board may from time to time direct. SEO. 35. In the event that, by reason of lack of quorum or any oversight, the Board should neglect to provide for a warrant for funds for payment of interest, the proper officers shall draw such warrant, reporting the fact to the Board at its next meeting. In like manner warrants may be drawn for express-charges, railroad- freightage, etc., when the interests of the Board would suffer by delay. SEC. 36. No Commissioner or Committee shall in any way bind the Board to do or not do any certain thing, unless expressly authorized so to do; and no such action shall in any way be recognized by the Board, unless ex- pressly ratified or approved. SEC. 37. No contract shall be awarded to any person for any construc- tion or other work to be done in any park or parkway, where the contract- price exceeds one hundred dollars, and in which the materials and labor are in whole or in part to be furnished by others, unless a bond, conditioned, among other things, for the payment for such material and labor, shall be executed and approved, unless such bond is expressly waived by the Board Said bond shall be in a sum double the amount to be paid on said con- tract, and shall be approved by the Board Attorney as to form, and by the President and Chairman of the Committee on Finance as to the responsi- bility of sureties, etc. SEC. 38. These rules and regulations, or either of them, may be suspended by a two-thirds vote at any regular meeting. And may be amended or repealed at any regular meeting, subsequent to the meeting when the same is proposed, by a vote of a majority of the entire Board. LIBRARY BOARD BY-LAWS. SECTION. 1. Meetings. 2. Quorum and Adjournment. 3. Order of Business. 4. Standing Committees. 5. Finance Committee. SEOTION. 6. Building Committee, 7. Library Committee. 8. Acts of Committees Subject to the Approval of Board. 9. Amendments, etc. SECTION 1. There shall be regular meetings of the Board on the first Tuesday of each month. RULES AND REGULATIONS. 477 LIBRARY BOARD. SEC. 2. In case there shall be no quorum present at any regular or adjourned, or called meeting, the Directors present may adjourn from time to time until a quorum be obtained, or may adjourn the meeting sine die. SEC. 3. The Order of Business at all meetings of the Board shall be as follows, (except as the same may be suspended by a majority vote of the members present) viz: (1). Reading of Minutes. (2. Reading of Communications. (3). Reports of Officers. (4). Original Resolutions. (5). Reports of Committees. (6). Unfinished Business. (7). New Business. (8). Adjournment. SEC. 4. There shall be three Standing Committees of the Board, ap- pointed by the President as follows: (1). Finance. (2). Buildings. (3). Library. SEC. 5. The Finance Committee shall pass upon the financial reports of all officers and shall prepare and present to the Board, on the first Tuesday of September in each year, a budget for the succeeding year. It shall have general supervision of the collection and disbursement of the moneys of the Board. SEC. 6. The Building Committee shall have charge of the care and maintenance of the Library Building, and shall make the necessary rules and regulations for the management of the museum and art gallery, and for their use by the public. It shall have charge of all specimens and works of art of which the Board may have control. It shall select a Janitor, Curator or other employes required in the building, except those in the Library room. It shall have general charge of all matters connected with the occupancy of the building not especially assigned to other committees. SEC. 7. The Library Committee shall make the necessary rules and regulations for the management of the reading-rooms and for their use by the public. It shall select a Librarian and assistants, when required, supervise the selection, purchase, cataloguing and binding of books, and of their acquisi- tion, arrangement and preservation. And in general shall have charge of all matters pertaining to the books and Library and reading rooms, and of persons employed therein. SEC. 8. The acts of all committees shall be subject to the supervision and approval of the Board, and in all material matters shall be reported to the Board for its final determination. SEC. 9. These By-Laws may be changed or amended at any meeting of the Board by a two-thirds vote of all the members thereof. 478 RULES AND REGULATIONS. COURT HOUSE AND CITY HALL COMMISSION. SECTION. 1. Officers of the Board. 2. Election of Vice President. 3. Duties of President. 4. Duties of Vice President. 5. Duties of Treasurer. 6. Duties of Secretary. SECTION. : 7. Standing Committees and Duties. 8. Order of Business. 9. Quorum and Adjournments. 10. Debts, Contracts, etc. 11. Meetings. 12. Amendments, etc. SECTION 1. The officers of this Board shall consist of a President, a Vice-President, a Treasurer and a Secretary. SEC. 2. The Board shall elect a Vice-President, who shall hold said office until the first Tuesday after the first Monday in January, 1888, unless. sooner removed by said Board, and until bis successor shall have been elected and shall have entered upon the duties of his office. Annually, at the time provided by law for the election of a President and Treasurer, a Vice-President shall be elected. SEO. 3. The President shall preside at all meetings of the Board, shall sign all contracts and all orders on the Treasurer for the payment of all funds, and shall be ex-officio a member of all standing committees. He shall have power to call special meetings of the Board whenever he deems it expedient, and it shall be his duty to call special meetings when- ever three Commissioners request him in writing so to do, stating the object of such special meeting in their request. SEO. 4. The Vice-President shall perform all the duties and have all the powers of the President during his absence, except such powers and duties. as are by law conferred only upon the President. SEC. 5. The Treasurer shall be the custodian of all the funds of the Board, and shall pay all warrants drawn on him, signed by the President and countersigned by the Secretary. He shall keep a correct account of all receipts and expenditures, and make a report at each regular meeting on the financial condition of the Board. The amount of the Treasurer's bond shall be fixed by the Board at its annual meeting in each year; and the amount of said bond may be fixed. or changed at any time by the Board. SEO. 6. It shall be the duty of the Secretary to be present at all regular and special meetings of the Board and of all its committees, and to keep a record, in books provided for that purpose, of all proceedings of the Board and of all its committees. He shall notify all members of the Board of all its meetings, and on the request of the Chairman of any committee, he shall notify members of meetings of their committees. t 1 RULES AND REGULATIONS. 479 COURT HOUSE, ETC. He shall keep a correct set of books of account, shall prepare and coun- tersign all warrants on the Treasurer for the payment of funds, keep cor- rect vouchers for all moneys paid, and shall, with the President, sign all contracts. He shall have charge of and attend the office of the Board, when the Board shall not be in session, as the Board may from time to time direct, and also have charge of all books, documents and papers which shall prop- erly belong to his office. He shall make a report to the Board at each regular meeting thereof, and at any other time as the Board may direct. He shall be custodian of the corporate seal of the Board, and shall at- tach the same to all documents which require sealing, and which have been executed by the President. SEC. 7. The Standing Committees shall be as follows: (1. Finance Committee. (2). Construction Committee. (3). Committee on Site. (4). Auditing Committee. The Finance Committee shall consist of four members of the Board, be- sides the President, and shall have general supervision of the finances of the Board, and pass upon the financial reports of all officers. The Construction Committee shall consist of four members of the Board, besides the President, and shall supervise the erection of the building, and have general charge of all matters connected with construction, but all sub- ject to the approval of the Board. The Committee on Site shall consist of four members of the Board, be- sides the President, and shall have charge of all matters pertaining to the purchase or condemnation of land. The Auditing Committee shall consist of two members of the Board, be- sides the President, and shall audit all bills and accounts before the pre- sentation of the same to the Board for its action. All bills, before being audited, shall be signed by the chairman of the committee authorizing the expenditure, or by two members of the same. committee. And shall be presented to the Auditing Committee for action at least twenty-four hours previous to the meeting of the Board. Special Committees may be appointed from time to time, as the Board may direct. The President shall appoint all committees. SEO. 8. The following shall be the Order of Business at the meetings of the Board: (1). Reading of Minutes. (2). Reports of Officers. (3). Reading of Communications. (4). Reports of Committees. (5). Unfinished Business. (6). New Business. SEC. 9. Five members of the Board shall constitute a quorum, but a less number may adjourn from time to time. 480 RULES AND REGULATIONS. COURT HOUSE, ETC. SEC. 10. No debt or obligation shall be incurred, no contract shall be entered into, and no bills shall be ordered paid, except with the approval of a majority of the full Board. SEC. 11. Regular meetings of the Board shall be held on the first Tues- day after the first Monday in each month. The regular meeting in January of each year shall be denominated "The Annual Meeting of the Board." SEC. 12. These By-Laws, or any of them, may be altered, amended or re- pealed at any regular meeting of the Board, by a majority vote of the full Board; but at least ten days' notice must be given at a regular meeting of intention to move to so alter, amend or repeal. *BOARD OF POLICE COMMISSIONERS' RULES, ETC. SECTION. 1. Meetings. 2. Duties of President.-Procedure. 3. Order of Business. 4. Standing Committees. 5. Rules and Regulations. 6. Purchases and Property. 7. Appointments and Discipline. 8. Salaries and Rewards. SECTION. 9. Finance. 10. Complaints. 11. Duties of Clerk. 12. Du'ies of Surgeon. 13. Duties of Superintendent and Officers of the Force. 14. Construction of Rules. 15. Amendments, etc. Board shall be held on each and SECTION 1. Regular meetings of the every Monday at half-past two o'clock. Special meetings may be called by the President at any time, and shall be called by the Clerk upon the written request of any Commissioner. SEC. 2. The President, and in his absence the Vice-President, shall per- form all duties by law devolving upon him. He shall preside over all meetings and see that the same are conducted in accordance with law and the rules of the Board. When no rule has been prescribed, Roberts' Rules of Order shall be the guide. SEC. 3. At regular meetings the Order of Business, unless otherwise ordered, shall be : (1). Roll Call. (2). Reading Minutes. (3). Communications. (4). Report of Superintendent. (5). Standing Committees. (6). Special Committees. (7). Unfinished Business. (8). New Business. (9). Investigations of Charges. (10). Adjournment. SEC. 4. All Committees shall be appointed by the President, unless otherwise ordered by the Board, and shall consist of two members each. * Proposed April 16, 1888. י} 1 RULES AND REGULATIONS. 481 POLICE COMMISSION. Standing Committees (to be appointed at the first meeting in each Board year or as soon thereafter as practicable) shall be as follows: (1.) Rules and Regulations. (4.) Salaries and Rewards. (2.) Purchases and Property. (3.) Appointments and Discipline. (5.) Finance. (6.) Complaints. SEC. 5. The Committee on Rules and Regulations shall, from time to time, prepare and report such rules, orders, etc., or amendments thereto, as may be proper for the government of the Board or its employes. SEC. 6. The Committee on Purchases and Property shall, except as otherwise ordered, have general supervision of the purchases made for the Board, and of all property under its control. SEC. 7. The Committee on Appointments and Discipline shall examine all applications for appointments, etc., watch over the esprit du corps of the Force, and report such matters in connection therewith as from time to time shall be deemed proper. SEC. 8. The Committee on Salaries shall prepare and report schedules for payment of employes, or changes therein, from time to time, and, after approval by the Board, see that the same are properly presented to the City Council. SEC. 9. The Committee on Finance shall examine all claims against the Board, as well as the accounts of its employes, pay-rolls, etc., and have gen- eral supervision of all financial transactions of the Board not inconsistent with law or these rules. SEO. 10. The Committee on Complaints shall examine into all charges referred to them for investigation, and pending any meeting of the Board may examine into any matter complained of and proper to come before the Board, reporting thereon at the next meeting. SEC. 11. The Clerk shall be Chief Clerk of the Department, and shall at- tend the meetings of the Board, keep a record of its proceedings, as well as of the Department, and perform such other duties as may be prescribed in the regulations for the government of employes, or as may be required by the Board. SEC. 12. The Surgeon shall be a graduate in medicine, of at least three consecutive years' general practice in the city of Minneapolis, and shall per- form such services, not inconsistent with his profession, as the Board may from time to time direct. SEO. 13. The Superintendents, Inspectors, Captains, Lieutenants, Ser- geants, Patrolmen, and other employes of the Board, shall be guided by the regulations especially provided for their government, as enlarged upon or modified by the orders of the Board, or in connection therewith. 482 RULES AND REGULATIONS. POLICE COMMISSION. SEC. 14. Nothing herein shall be construed as in any way affecting com- pliance with the provisions of the act constituting this Board, or as curtail- ing the powers of the Board over its committees or employes. SEC. 15. These rules may be annulled, repealed, modified or amended at any regular meeting, notice of the proposed change having been given at the next preceding meeting. *RULES FOR GOVERNMENT OF POLICE. Qualifications for Membership.-Citizens and Residents. Superintendent. General Duties. En- forcement of Laws, Ordinances and Or ders of Board.-Records, etc. Assistant Superintendent. General Du- ties Inspectors. -Duties of Chief and Assist- ants.-Record of Arrests. -Daily Re- ports. Suspicious Persons, Stolen Property, etc. Captains.-General Duties.- To Report Delinquent Officers. Preserve the Peace.-Present Offenders at Court.- Daily Record of Offenses -Pawnbrok- ers, etc.-Riots. Lieutenants and Sergeants.-General Pow- ere and Duties. Patrolmen.-General Duties.-Answer Calls and Obey Orders.-Remain on Beat.- Note Removals. --Render Aid, and Assist Strangers.- Estray Children.- Note Bad Characters. Unlicensed Liquor Dealers. -Junk-Shops and Second-Hand Dealers.-Pawnbrok- ers.-Gambling, Prize-Fighting, etc.- Houses of Ill-Fame. Obstructions of Streets.-Dangerous Places. -Openings and Excavations -Coal- Holes.-Street Lamps. - Nuisances.- Store Doors, etc.-Vacant Buildings.- Sidewalk Obstructions. Dead Animals.-Garbage, etc.-Street Beg- gars.-Fast Driving.-Cruelty to Ani- mals.-Street Blockades.-Disturbances. Suspicious Persons. Negligence.-Arrest Without Warrant.- General Deportment.-Visiting Houses of Ill-Fame, Saloons, etc.-Disorderly Occurrences. Arrests, How Made.-Self-Defense.-Abuse of Prisoners.-Preservation of Property. -Private Records.-Daily Reports. Special Policemen.-Conformity to Rules. Abuse of Trust.-Discharge. Violation of Rules by Force.-Penalties -Offences in Detail. Force to Devote Entire Time.--Cleanliness and Deportment.-Use of Liquor.- Smoking.-Card-Playing and Gaming. Attorneys for Accused Persons.-Bail.-Es- cape of Prisoners.-Secretion of Goods. -Gossipping.-Compromises. Gratuities. Rewards, etc.-Presents to Of- cers from Patrolmen.-Contributions.- Stolen Property. Efficiency.-Arrest of Party, When Issue of Warrant Known.-Unseemingly Con- duct and Vulgar Language.--Use of Batons and Weapons.-Formal Com- plaint Necessary, When. Suspension.-Political Discussions.-Resi- dence of Members.-Uniforms and Badges -Enforcement of Rules. No person will be appointed in the police force unless (1) able to read and write the English language understandingly; (2) a citizen of the United States; resident of Minneapolis for three years next preceding his appointment; (4) never been convicted of a crime; (5) at least five feet six inches in height, and weight not less than one hundred and forty pounds avoirdupois; (6) more than twenty-one and less than thirty-five years of age; (7) of good health and sound in body and mind; and (8) of good moral character and habits. * Only such rules are published herein as are of interest to applicants or the general public; the rules prescribing miscellaneous duties of the Force will be found in pamphlet issued by the Board of Police Commissioners. RULES AND REGULATIONS. 483 POLICE COMMISSION. The Superintendent of Police, subject to the orders, rules and regula- tions of the Board of Police Commissioners, shall be chief executive officer; devote his whole time to the discharge of his duties; see that all laws of the State and ordinances of the City are duly enforced; execute all orders and observe all rnles aud regulations. All orders to the Superintendent of Police shall be issued only by the Board of Police Commissioners; all orders to the police force by the Su- perintendent to the Inspectors or Captains of Police; and by him or them communicated to the force. The Superintendent may, in his discretion, suspend from duty, and re- port to the Police Commissioners, any member of the Department for insubordination, drunkenness, or failure to perform his proper duties, or against whom a written complaint has been made. The Superintendent shall make report to the Commissioners at every meeting of the doings of the police force for the preceding week, and at the first meeting of every month submit a synopsis of all the work done by the force during the month preceding. When necessary he shall repair to serious fires, and to all riots or tumultous assemblages, and take command of the police present. The Superintendent shall keep at his office books in which shall be en- tered (1) a record of orders issued from his office; (2) a record of current and incidental expenses of his own office; (3) a record of suspicious places and the names of the keepers thereof, in the city of Minneapolis; and (4) a record of houses of prostitution, assignation houses, gambling houses, and disorderly or disreputable houses, with the names of the owners and keepers thereof. The Assistant Superintendent shall assist the Superintendent, and in his absence have and exercise all the powers conferred on the Superintend- ent, and perform such other duties as may be required by the Board. The Chief Inspector shall, subject to the control and direction of the Superintendent, have charge of the Inspectors detailed for detective ser- vice at the said office. He shall keep a record of all arrests made by In- spectors, entering therein the name and description of the persons, time and cause of arrest, disposition, and if it appears necessary, have photo- graphs obtained. He shall report to the Superintendent on the first day of each month all such arrests made during the preceding month. Members of the police force when detailed for secret service shall be known as Inspectors, and must heartily co-operate in the prevention and detection of crime, and arrest of criminals. To secure unity of action in the Inspectors' force, each member shall report daily all matters of interest engaging his attention, and any information relative to suspicious persons 484 RULES AND REGULATIONS. POLICE COMMISSION. or places, or any circumstances tending to throw light on any crime that may have been committed. Any Inspector withholding such informa- tion, or failing to report the same, shall be deemed guilty of neglect of duty, and will be liable to dismissal or other punishment. They shall deliver to the Police Clerk all property coming into their possession, whether stolen, found, or otherwise by them recovered. The Captains of Police shall be at their several station-houses at all times when on duty, unless necessarily called away. Each Captain shall be held strictly responsible for the preservation of the peace in his precinct, visiting every part of it as often as once a week, noting the condition of streets, sidewalks, street-lights, obstructions, nuisances, and non-compli- ances with the city ordinances; daily inspect his men, reform any negli- gence in attire or other improper personal habit, and report every case of sickness, misconduct, or neglect of duty. He shall prefer charges against any officer who shall fail to discover a homicide, burglary, or serious breach of the peace, committed on his beat during his tour, or who shall fail or neglect to take proper measures to arrest any person or persons guilty of such offences. He shall receive into his custody and safely keep all persons arrested in his precinct, and shall, before the opening of the next session of the Municipal Court, unless they be otherwise lawfully disposed of, cause them to be conveyed to the central station. Each Captain (or one of the Lieu- tenants or Sergeants,) to be present at the Municipal Court each morning when required to attend to cases from his precinct. He shall keep a daily record of burglaries, larcenies, etc., amount of property lost or stolen, assaults, disturbances, lost children, fires, dangerous places, accidents, etc., with cause and proofs, etc. Also, a record of pawnbrokers, second-hand dealers, junk-shops, intelli- gence-offices and licensed places of amusement within his precinct, and cause the laws and ordinances concerning them to be observed. Also, keep a record of all drinking saloons, gambling houses and houses of ill-fame; and all places where idlers, tipplers, gamblers, sellers of lot- tery tickets, thieves, and other disorderly and suspicious persons congre- gate. In case of any riot or sudden emergency, the Captain shall forthwith proceed to the scene of disturbance with the necessary force to suppress the disorder. Should he doubt his ability to preserve the peace, or to re- store order, he will immediately send notice to the Superintendent. The Lieutenant, in the absence of Captain, shall have charge of the precinct, and exercise all his powers and duties, and be held to the like responsibility. Sergeants of Police shall perform such duties and at such hours as may be ordered by their respective commanding officers. RULES AND REGULATIONS. 485 POLICE COMMISSION. Every Patrolman shall hold himself in readiness at all times to answer the calls and obey the orders of his superior officers; he shall treat his superiors with respect, be courteous and considerate, guard himself against envy, jealousy, or other unfriendly feeling; and inform his superior officer of every neglect or disobedience of orders that may come to his knowledge. Patrolmen shall confine their patrol within the limits of their beats, (ex- cept in case of fire, arrest of a prisoner, or other necessary absence) until relieved; but are not to refuse to give assistance for the protection of per- sons or property near their own beats, if called for in any case requiring immediate attention, returning as soon as possible. If he hear any call for assistance, he shall proceed to render aid with all possible dispatch, making every practicable precaution for his beat, when he leaves it for this or for any other purpose. Patrolmen must not walk together; or talk with each other, or with any other person on their beats, while on duty, unless in the line of duty, and such communication must be brief as possible. They must not stand still while on duty, but constantly patrol their beats. Each patrolman shall, as far as possible, without intruding on the privacy of individuals, note all removals from or into the limits of his beat, and acquire such a knowledge of the inhabitants as will enable him to recognize them. He must make himself perfectly acquainted with all parts of his beat, and with the streets, thoroughfares, alleys and houses within it, and shall furnish such information and render such aid to all persons, when requested, as is consistent with his duty. He shall keep his number in sight and give his name and number to all who demand them; direct strangers and others, when requested, the near- est and safest way to their places of destination, and, when necessary, cause them to be accompanied. He shall not leave his beat for that pur- pose, but shall pass such persons from his beat to the next. He shall cause all estray-children, or infants who have been abandoned, to be returned to their parents, if known and within the beat, and if not, to the station house; take note of all cases of sudden death, where there is reasonable ground to suspect criminality; render immediate aid in case of accident or illness in the streets, ascertaining all important particulars con- nected therewith, and making report thereof. He must strictly watch the conduct of all persons of known bad charac- ter, fixing in his mind such impressions as will enable him to recognize them; note their movements and the premises they enter, learn their names, residence, and occupations, and report to his commanding officer any in- formation he may obtain; and also note, during the night, all vehicles which in any manner excite suspicion. He shall take particular note of all places where intoxicating liquors are sold, and report all unlicensed places, and places where the terms of the license are not complied with; note all junk-shops and shops of second- 486 RULES AND REGULATIONS. POLICE COMMISSION. hand dealers and pawnbrokers, all places of amusements, and all suspicious persons and places within his route; and also all suspected gambling houses, dancing, or prize-fighting places, mock-auction rooms, venders of lottery tickets, and houses of ill-fame, keeping a list thereof in his book for refer- ence, and reporting the same to the officer commanding his precinct. He shall note all street and sidewalk obstructions, and defects from which accidents may occur, removing them when practicable; all places for which temporary permits are granted for building; or where openings or excavations are being made, and see that suitable accommodations are pro- vided for the public travel; all coal-holes left exposed or insecure; all street lamps out of repair, not lighted at proper times, or extinguished too early; all buildings where any noisome, dangerous, or unwholsome trade is carried on; all nuisances and other matters affecting the safety and convenience of the public, or the interests of the city; and shall make report thereof, with- out delay, in writing. In the night-time he shall examine all doors, gates and windows of stores on his beat to see that they are properly secured, and if not, give notice to the inmates, if any. Where the buildings are unoccupied he must fasten all doors and windows found open, and notify the owners in the morning. He must take special notice of all vacant dwelling-houses, to prevent dep- redations; be vigilant to prevent fire or waste of water; call the attention of abutters to the state of their sidewalks, where, by snow, ice or other cause, they are rendered dangerous, or when obstructed by fuel, boxes or other articles, or with goods or signs extending more than three feet over the same; and take note of all ashes, garbage, dead animals, or other offen- sive matter thrown into the street, or when the street is improperly ob- structed. Where the laws and ordinances, upon notice given, are not forthwith obeyed, he shall do what he can to make the way safe and convenient, as- certain the names of the parties offending, and report the same for com- plaint and prosecution; and when any person begs on the street, or goes from door to door soliciting alms, he shall inquire the name and abode of such person, and make a record of the same. He shall note all cases of fast driving; of brutality to animals; horses or vehicles left unattended; cases where the drivers of licensed vehicles are uncivil, or demand illegal fares; where street-cars, hacks, etc., stop opposite the intersection of streets or on crossings, or do not conform to any other lawful provision made for their regulation. He shall use his best efforts, when streets become blockaded by teains, etc., to disentangle the same; and when the stream of travel is continuous, shall open the way for foot-travelers wishing to cross, attending women, children and aged persons, who would be otherwise exposed to danger; and shall at once proceed to the spot where a disturbance occurs and use his best efforts to restore quiet. RULES AND REGULATIONS. 487 POLICE COMMISSION. If any person has committed a felonious assault, or any other offense, or, by loud outcries or otherwise, persists in disturbing the peace, the per- son offending shall be taken into custody and conveyed to the station house; and if the patrolman is opposed in the performance of his duty, and no other officer is within call, he may, in the name of the State, demand the aid of any citizen present. He may also examine any person, whom he shall see walking abroad in the night after ten o'clock, whom he shall have reason to suspect of any unlawful design, and may demand of him his business abroad at such a time, and whither he is going, which authority must be exercised with great caution. He must, by his vigilance, render it extremely difficult for any one to commit a crime on his post; and the absence of crime on any beat will be considered the best proof of efficiency; and if offenses frequently occur, it will be deemed negligence or want of ability on the part of the patrolmen or officer in charge of the precinct. When any person charges another with the commission of a crime, and insists that the person charged shall be taken into custody, the patrolman shall require the accuser (if unknown to him) to accompany the prisoner, as a witness, to the police station, and with as little delay as possible, re- turn to his beat and inspect the same with great care, to see that no depre- dations have been committed during his absence; if more than three squares from the central station, he may summon the patrol-wagon and deliver the accused to the officer in charge. Patrolmen are forbidden to enter houses of prostitution, places of amusement, or places where intoxicating liquors are sold (except in the strict discharge of duty), it being understood that this is not intended to impair their efficiency, but to preserve the dignity of the members and the reputation of the Department from attacks which needlessly frequenting such places would invite; they are strictly enjoined to keep a watch over all such places, acquaint themselves with the manner in which they are conducted, report any disorderly occurrence therein, and see that the law is respected and observed. When it becomes necessary to take a party into custody it shall be done in as quiet a manner as possible, using only sufficient force to secure the prisoner; in no instance shall the prisoner be struck, except in self-defense, and unnecessary abuse of prisoners while in custody, either by word or act, will be severely punished. All property, coming into the possession of an officer in his official ca- pacity, shall be carefully preserved, marked and placed in the hands of the officer in charge of the station, without delay. It shall be the duty of each officer to keep a private record of his work, with day and date, and to enter therein all matters of importance in which he is engaged in an official capacity, (whether at court, on his beat, or else- 488 1:3 RULES AND REGULATIONS. POLICE COMMISSION. where,) and also any other matter of official importance that comes to his knowledge; and at such hour as shall be appointed, make daily report to the officer in charge of the station house, of all that he has done, and all. important information that has come to his knowledge during the previous twenty-four hours, or since his last report, exhibiting his book if requested. Persons who may be appointed as Special Police-Officers, without pay from the city, must conform to the rules and regulations of the Depart- ment, so far as relate to their habits, conduct, mode of performing police duty, in every particular in which they are applicable; and all, who abuse their trusts, violate the rules, or are unfit for duty, will be deprived of their authority so to act. Any member of the force may be punished by the Police Commissioners. in their discretion, either by reprimand, forfeiture and withholding of pay (not exceeding thirty days for any one offense), by being reduced in rank, or by dismissal from the force on conviction of any one of the follow- ing offenses, to-wit: (1) Intoxication; (2) any act of insubordination or dis- respect towards a superior officer; (3) any acts of oppression or tyranny; (4) neglect of duty; (5) violation of the rules; (6) neglect or disobedience of orders; (7) any legal offense; (8) absence without leave; (9) immoral con- duct; (10) conduct unbecoming an officer; (11) conduct injurious to the public peace or welfare; (12) incapacity,-mental, physical, or educational; (13) any breach of discipline; (14) neglecting or refusing to pay debt for uniform-clothing, or for rent, or the necessaries of life; (15) contracting a debt under false or fraudulent pretences; (16) continuous and persistent neglect to pay just debts; (17) sitting down while on patrol duty, or con- versing during the tour of patrol duty with any other member of the force or with a citizen, without any cause therefor; (18) not patrolling, or not prop- erly patroling his beat during his tour of patrol duty; (19) failing to de- tect a crime committed on his beat during his tour of patrol duty; (20) unnecessary absence from his beat during his tour of patrol duty; and (21) any other act contrary to good order and discipline, or constituting neglect of duty or a violation of the rules of the Department. Each member shall devote his whole time and attention to the business. of the Department, and is expressly prohibited from following any other calling, or being employed in any other business; and although certain hours are allotted to the respective members for the performance of duty on ordinary occations, yet at all times they must be prepared to act im- mediately on notice that their services are required. Every member, at all times when entering upon duty, must be neat in person, his clothes and boots clean, and his dress in conformity with the rules and regulations; at all other times he shall be dressed in like manner, unless on account of the weather or other sufficient cause arising from the immediate discharge of his duty, his dress becomes soiled or deranged, in which case it shall be put in proper order as soon as circumstances will permit. RULES AND REGULATIONS. 489 POLICE COMMISSION. Each member, in his conduct and deportment, must be quiet, civil, and orderly; in the performance of duty he must maintain decorum and atten- tion, command of temper, patience and discretion, but, act with firmness and sufficient energy to perform his dnty. He must at all times refrain from violent, coarse, profane and insolent language; and no member of the force shall, in any station house or else- where, while on duty, or while in uniform off duty, drink any kind of liquor, or smoke. No liquor or intoxicating drink shall, upon any pretext, be introduced into any station house (except for medicinal purposes, and then only when ordered by the Surgeon of Police) nor shall smoking, or profane or obscene language be allowed at any time in the public offices of any station house, or of Police Headquarters. The members of the force are forbidden to play at any games in a sta- tion house, or to meet at any other place for the purpose of playing cards or any other game, while in uniform, the playing of any games for stakes or wagers being positively prohibited. No member of the force will be allowed to sign a petition or recom- mendation for any person to be appointed to or to be removed from the force, nor to sign the bond of any person appointed on the force; nor inter- est himself or interfere in any manner whatever, either directly or indi- rectly, in the employment or retainer of any attorney to aid in the defence of persons arrested or accused; nor become or furnish bail for any person arrested. No member shall communicate to any person any information which may enable persons to escape from arrest or punishment; or enable them to dispose of or secrete any goods or other valuable thing stolen or em- bezzled; or which might disclose any private information or purpose of the Department; nor communicate, except to such persons as directed by his superior in office, any information respecting orders he may have re- ceived, or any special regulations that may be made for the government of the police force. No member shall, directly or indirectly, be concerned in making any compromise or arrangement between thieves, or other criminals, and other persons who have suffered by their acts, with a view to permitting the criminals to escape the penalties provided by law; and any officer who has any part in such compromise or arrangement, or knowledge thereof which he fails to give to his superior officer, shall be subject to immediate dis- missal. No member shall accept or receive from any person or persons, any gra- tuity, reward, gift, or any article or thing, directly or indirectly, as com- pensation or pay for services rendered in the discharge of his duty (except his regular stipulated pay from the city) without special permission from 490 RULES AND REGULATIONS. POLICE COMMISSION. the Board of Police Commissioners; nor shall any officer receive a present from the men under his command, or any subscription, solicitation for subscription, or contribution, be made by or of any member of the force for the purpose of making a present to any other member. No member shall allow the use of his name at any fair, festival or exhi- bition, for the purpose of selling tickets, setting or promoting any raffle or gift enterprise, or of having a present voted to him, or voted for in his name. No member shall solicit, or be obliged to make any contribution in money or other thing, (on any pretext, to any person, committee or association) for any political purpose; nor will any member of the force be allowed to collect money from citizens for the purpose of presenting a testimonial to any member of the force. No member shall ask for a free-pass to any place of amusement, or upon railroads leading from the city, except through the Superintendent, and then only when required for official business. All property or money taken on suspicion of having been feloniously obtained, or of being the proceeds of crime, and all stolen or other property seized officially by members of the police force, shall be deposited with the Police Clerk. When a crime has been committed and the Superintendent has reason to believe that negligence has been shown by the patrolman on whose beat or precinct the crime was committed, the patrolman will be required to show by his own affidavit, or testimony of other persons, that he was strictly attending to his duties, or be subject to suspension or dismissal from the force. If an officer knows that a warrant has been issued for the arrest of a party, and that the same has not been withdrawn, it shall be his duty to ar- rest that party whenever he meets him, although he may not have the war- rant in his possession. Officers are strictly enjoined not to make an arrest a personal but an official matter; they should pay no attention to coarse or vulgar language, or abuse which may be directed towards them, and avoid all language or conduct that may provoke resistance. Officers must use batons only in self-defense, or when forcible or violent resistance is made to them in the discharge of their duties, and then only in extreme cases, and with great prudence; if a felon escape, or seek to escape, every effort should first be made to secure his capture without resort to weapons. Offences such as non-payment of licenses, uncleanly premises, and all that class of acts which consist in neglect to do something prescribed by law, and not in violent opposition to law, should be complained of before arrest. RULES AND REGULATIONS. 491 POLICE COMMISSION. In case of drunkenness or other violation of the rules and regulations, by any member of the Police Force, unfitting him for duty, he may be re- lieved from duty by the officer in charge of the precinct and ordered to re- port to the Superintendent. Members must avoid all political discussions in the station house, or else- where, while on duty. Members are required to report their residence accurately to the Police Clerk, and also to report any change of residence within twenty-four hours after its occurrence. Uniforms and parts of uniforms must be made in strict accord with the regulations. All uniform-coats must be worn closely buttoned except when the wearer is on house-duty. The police (silver star) badge shall be worn on the left breast of the outside garment when in uniform, and upon the vest at all times when in citizen's dress. Every officer must wear the pre- scribed badge and uniform when on duty or in court. Every officer and patrolman will be furnished with a copy of Rules and Regulations, which he must keep in his possession in order to become per- fectly familiar with his duties. Any member violating any of the rules shall be subject to suspension, reprimand, deductions from pay, or dismissal from the force, according to the nature of the offense. The officers are directed to strictly enforce the foregoing rules and to report any and all violations of the same to the Superintendent. *FIRE DEPARTMENT RULES, ETC. Duties of Officers -Rules and Regulations to be Enforced. Captains To Prevent Non-Members Rid- ing on Apparatus.-Report Violation of Ordinances. -Escort Visitors.-Exam- ine Buildings, Hydrants, Cisterns, etc. -Suspend Members, When. Superintendent of City Telegraph.—Charge of Men, Material and Apparatus.-In- structions.-Interference. Superintendent of Horses.-Medical Aid, etc., Feed and Care.-Inspection. Responding to Alarms.-Reckless Driving. -Crossing Bridges, etc. Racing Prohibited.--Collisions and Acci- dents.-Gong to be Rung. Injury to Vehicles.-Recompense for Same. -Penalty for Carelessness, etc. Ansistance to Police.-Officer to Make Nec- essary Detail. Gratuities and Rewards to be Turned Over to Relief Association.-Roll of Merit. Death of Members.-Houses to be Draped in Mourning. *Adopted by the Board of Engineers and approved by the Council Committee on Fire Department. Only such are published herein as are of general interest; the rules in detail are issued in pamphlet form by the Department. 492 RULES AND REGULATIONS. FIRE DEPARTMENT. Religious and Political Discussions Pro- hibited. -Elections. Society Influence.-Subscriptions, Sale of Tickets, etc, Presents from Members.-Fairs, Festivals, etc.-Public Property. Fire-Hats and Badges.-Losses to be Ac- counted For. Hydrants, etc., Out of Order.-Same to be Reported. Fund for Newspapers, and Miscellaneous Company Purposes. Membership. Qualifications. Appoint- ment, etc.-To Devote Entire Time. Candidates.-Assignment to Duty.-Com- pensation. etc. Probation.-Reports on Efficiency to be Made by Captains After Sixty Days. Members.-Uniforms and Badges, When and How Worn. Promotion.- Applications for Same.-Re- newals, etc. Resignation of Membership, When and How. Misconduct of Members.-Offences and Penalties. Members Always on Duty.-Not to Visit Saloons.-Smoking in Uniform, etc. Intoxicating Liquors and Gambling Pro- hibited. Social Gatherings, etc. False Reports Concerning Members.-Duty to Report Violations.-Penalty for Fail- ure to Report. Suspensions, When and How.-Restoration and Transfers. -Return of Public Prop- erty. Charges, When and How Made.-Limitation of Time. Laws, Ordinances, Rules, etc.-Necessity of Enforcement. Officers shall be just, dignified and firm in their intercourse with su- bordinates, being careful to abstain from violent, abusive or immoderate language in giving orders and directions, as well as in conversation with them; see that all rules and orders are strictly carried out and obeyed, and promptly report, by well-founded charges, any transgression of law, ordi- nance, rules or order. Captains must not allow any citizen or any member of the Department, (unless his company responds to the alarm) to ride upon any apparatus in going to the fire; and in returning from the fire, none but his own company. They shall promptly report all violations of the fire ordinance, and all other violations of the ordinances, in their respective districts, in reference to fire hydrants, cisterns and street-ends, and obstruction to same by snow or ice;. also as to repairs needed to hydrants and cisterns, and all hoistways open. after business hours or otherwise, in violation of law or ordinance, with name and address of occupants and owners of the premises. They shall politely escort visitors, and make proper explanations to them, but not al- low habitual lounging in or about the quarters, nor permit visitors in quarters while apparatus and quarters are being cleaned. They shall see that the front of building, sidewalk, gutters, and street in front of quarters to the middle of the street, are kept clean and free from snow and other obstructions; and shall examine all buildings, except dwellings, within their company district at least twice in each year, in order to become familiar with their construction, the class of business carried on, the class of goods on each floor, and whether combustible or non-combus- tible, and see if the entrances, stairways, halls and exits are accessible, thus learning the most expedient manner of attack in case of fire. RULES AND REGULATIONS. 493 I FIRE DEPARTMENT. Captains shall also examine all fire-hydrants and cisterns, as to their location and condition; keep themselves familiar with the street-ends and landings, and platforms, and set engines along the river, in order to determine the best manner in which the apparatus can be brought into service with- out delay. They shall have the power, under circumstances of emergency, such as intoxication, willful refusal to obey orders, or where the interests of the Department would suffer by his remaining on active duty, to sus- pend from duty any member of their companies, and prefer charges in manner and form as prescribed. The Superintendent of the City Telegraph shall, under the direction of the Chief Engineer, have the superintendence and care of the construction, repair and operation of the city telegraph, and see that the same is kept constantly in good working order; also to have full charge of the men, ma- terial, and apparatus used for the same. He shall give such practical in- structions to persons using the instruments, in the employ of the city, at the different houses of the Department, and elsewhere, so as to enable them to use and keep the same in good working order. The attaching of any device or instrument, either electrical or mechanical, to any of the tele- graphic apparatus or wires of the department, excepting under the direc- tion of the Superintendent, is prohibited. The Superintendent of Horses shall give such medical and surgical aid and attention as may be required, and such directions regulating the feed- ing and care of the horses as may be necessary. He shall report all deaths of horses occurring, and may recommend the sale or other proper disposi- tion of all horses becoming unfitted for further service. At least once a month he shall visit each company-quarters, inspect the horses and the for- age or feed furnished, and report any deficiency, together with such recom- mendations as he may deem proper. All proper dispatch must be used in reaching a fire, consistent with safety. Officers will direct and hold the drivers responsible for any reckless or imprudent driving. When turning corners, or from one railroad track to another (especially in crowded or slippery streets), drivers will lessen the speed, even to a walk if necessary. On approaching bridges or steam railroad crossings, between the hours of sunset and sunrise, commanding officers of companies will dismount and satisfy themselves that the same can be crossed with safety. None of the apparatus will be allowed to cross over any of the viaducts or bridges at a gait faster than a slow-trot. Racing to or from fires is strictly prohibited, and if the apparatus of sev- eral companies proceed on the same street to or from a fire, they shall do so in single file. To guard against collisions and accidents, the gongs on all apparatus will be rung at short intervals when going to fires, and always when approaching a crossing. 494 RULES AND REGULATIONS. FIRE DEPARTMENT. Driving any of the machines carelessly or maliciously in such a manner as to collide with and injure the vehicles or other property of citizens, or any other wanton conduct whereby damage to citizens or their property shall result, shall subject the offender to payment of damages incurred, and, in the discretion of the Board of Engineers, to reprimand, forfeiture of not exceeding one month's pay, or discharge from the service. Members shall assist the police officers in making arrests or quelling dis- turbances, when called upon to do so, when away from company quarters. When word is received asking for such assistance, the commanding officer shall detail as many members as may be necessary, not exceeding one-half. All moneys received from private parties, corporations or individuals, for services, ordinary or extraordinary, rendered as firemen, shall be reported in writing, by the member receiving the same, to the Chief Engineer, through his ranking officer, within five days after the receipt of such moneys; and all such moneys shall be paid, into the Relief Association of the Fire Department of the city of Minneapolis, unless otherwise ordered. The names of such officers and members as may have distinguished them- selves in the discharge of their duties, by saving human life at risk of their own, will be entered upon a "Roll of Merit," which will be annually pub- lished in the report of the Department. Officers will make a special report whenever any member performs a meritorious or daring act, giving a full statement of the facts. Upon the death of a member, from injuries received while in the dis- charge of his duties, the several houses shall be draped in mourning for one day after the funeral, except the quarters to which the deceased was connected, where the same may remain for a time not to exceed thirty days. Members must avoid all religious or political discussions at the Depart- ment houses. They must not interfere or make any use of the influence of their office in elections, or attend any political convention as delegates, or take any part whatever in political matters, other than to exercise the right of suffrage. On election days sufficient time will be allowed to vote. No officer or member shall, directly or indirectly, solicit the influence or intercession of any person or persons, with the Chief Engineer or any of the Assistants, to effect his transfer or promotion; nor will solicitations or sub- scription papers be allowed to be circulated, or tickets for entertainments, raffles, etc., offered for sale in the Department, without permission from the Chief Engineer; neither will any member be allowed to solicit subscrip- tions among the citizens, for company or any other purposes, without per- mission from the Chief Engineer. Neither officers or members shall receive presents from the men under their command (without the permission of the Chief Engineer), or allow the use of their names at any fair, festival or exhibition, for the purpose of sell- ing tickets, setting up or promoting any raffle or gift-enterprise, or having RULES AND REGULATIONS. 495 FIRE DEPARTMENT. a present voted to him or voted for in his name; nor shall they loan, sell or give away any public property, but carefully protect the same from waste or abuse, particularly gas, horse-feed and forage, and fuel in quarters and at fires. Whenever a fire-hat or badge is lost by any member, or destroyed in any manner, it must be reported immediately to the Chief Engineer, who will furnish another and charge the value to the member so reporting, the amount to be deducted from his wages, unless evidence is furnished that the loss was not the result of carelessness or neglect. Fire-hats are fur- nished for the protection of the members, and must be worn by officers and men at all fires, except in the case of enginemen, assistant enginemen and drivers, who will be required to wear them only when located where protec- tion is necessary. Any officer or member becoming aware of any fire-hydrant, cistern, fire- alarm line or boxes being obstructed or out of order, shall at once notify his immediate superior officer of the fact. Each member shall pay into the treasury of his company a sum, not to exceed fifty cents each month, for the purchase of blacking, firemen jour- nals and newspapers, and for company purposes. No person shall be appointed to membership or continue to hold mem- bership therein, who is not a citizen of the United States, a legal voter in the city of Minneapolis, and between the ages of twenty-one and thirty- five years, or who has ever been convicted of crime, or who cannot read and write the English language understandingly, or who shall not have resided within the State two years; nor shall any person be placed in service, or en- tered upon the list of applicants, until some respectable physician, to be named by the Chief Engineer, shall certify upon the proper Department form that said person is in good health, and of sound physical constitution. Applicants be not less than five feet six inches in height, or weight and circumference of chest below that provided in regulation tables; difference of at least two inches at forced expiration and full inspiration. The respir- ing murmur must be clear and distinct over both lungs, in character full easy and regular, and the organs of respiration and their appendages free from any indication of disease. The character of the heart's action must be uniform, free and steady, its sound and rhythm regular and normal, and without indications of disease of the heart or blood vessels. The condition of eyes, ears, brain and nervous system must be in a healthy state, and the brain and spinal-cord must not have been diseased, and there must not be any predisposition, either hereditary or acquired, to any constitutional diseases, such as pythisis, scrofula or rheumatism. Habits must be good, and moderate as to the use of stimulants and tobacco, and the effects of serious illness or injuries must not be perceptible in the heart, lungs, liver, kidneys or other abdominal organs, or in the skin, eyes, ears, limbs, etc. 496 RULES AND REGULATIONS. FIRE DEPARTMENT. Deception or attempt at deception, previous dismissal from the police or from any fire-department, or obesity or syphilitic taint in the applicant shall be regarded a good cause for rejection. In addition to the above qualifications, the applicant must be shown to possess such practical fitness, intellectual and physical capacity, as the Chief Engineer shall consider requisite; but nothing herein shall prevent the appointment of an applicant to full membership, without his serving as candidate, if he shall have served before and left without dishonor, or, in the opinion of the Chief Engineer, the practical or mechanical worth of the applicant may warrant. Any person who may hereafter be appointed shall at first be placed in the service as a substitute, to supply any vacancy which may at any time exist by reason of the absence, suspension, discharge, resignation, or death of any member. Each member shall take the oath of office, that he will support the constitution of the United States, and of the State of Minnesota, and dis- charge the duties of his office to the best of his ability, and such other pro- visions as may be prescribed. He shall devote his whole time to the busi- ness of the Department, and is expressly prohibited from being employed in or giving his personal attention to any other business. Upon being assigned to duty as a candidate to fill any vacancy, he shall be placed on trial for sixty days, during which time his pay shall not ex- ceed the rate of fifty-five dollars per month. At the end of said term he shall be appointed to membership in the Department, if he shall in all respects prove, in the judgment of the Chief Engineer, to be fully qualified. When candidates have served sixty consecutive days, in their respective companies, the Captains shall report to the Chief Engineer whether they has proven capable and efficient or not. If, however, at any time before the expiration of the above time, a candidate shall have proven to be ineffi- cient, the fact must be reported. Each member shall provide himself with the regulation uniform, within thirty days after being appointed a regular member of the Department, and no such uniform or portions of uniform shall be accepted unless in- `spected and approved. He shall wear the uniform at all times, except when suspended from duty or by permission granted by a superior officer, such permission to be given only where the wearing of the uniform would be improper. On the street (except in going to or from a fire) the coat shall be buttoned entire; the legs of pants are not to be turned up or tucked into their boots; the boots, buttons and devices are to be properly pol- ished, and the person at all times neatly and tidily dressed. No member shall appear on duty without wearing such badge as may be prescribed, unless he can furnish a reasonable excuse therefor; nor shall any member of a company appear at a fire without the regulation fire-hat. ! RULES AND REGULATIONS. 497 FIRE DEPARTMENT. Applications for promotion must be made in the handwriting and over the signature of the applicant, setting forth the length of his service, and various positions held in the Department, and qualifications for the posi- tion to which he desires promotion; to be addressed to the Chief Engineer, and forwarded through the immediate commanders for endorsement by them. Any member of the Department who has presented his application for promotion and failed to pass the required standard, may renew his ap- plication after an interval of six months. When any member shall wish to resign, he shall, in writing, give the Chief Engineer five days, notice thereof, stating therein the time when he desires the resignation to take effect. In case of emergency the resigna- tion may be accepted by the Chief Engineer without the required notice. Any member guilty of gross or habitual carelessness, resulting in the injury of the members, or the machines, apparatus or other property be- longing to the department, driving any of the machines or apparatus of the department, across hose, especially charged lines, without orders from a superior officer, inefficiency or incapacity in the service, intoxication, disor- derly conduct, failure to pay within a reasonable time a just debt incurred while in the service, making a false report or gossip of a member, concern- ing personal character or conduct, or business of the department, to the dircredit or detriment of any member of the department, making inten- tionally a false official report, neglecting to wear the department uniform, or badge, leaving the service without giving the required notice, except in emergency cases herein provided for, or refusing to obey the authorized orders of a superior officer, when the same are not properly countermanded by his superior in rank, shall, in the discretion of the Board of Engineers, be subject to penalties according to the gravity of the offense. Repeated complaints against any member for incurring and evidence of persistent neglect or refusal to pay just debts, especially those for uniform, rent, and the necessaries of life, shall be cause for the dismissal of such member. Each member shall be considered to be always on duty, for the purpose of discipline, and shall not enter places where intoxicating liquors are sold, or smoke on the street, or in public places while in uniform, lounge upon the sidewalk, or near the front doors; nor will seats be allowed in or about the front doors, or in front of company quarters; nor shall he fre- quent or loiter in or about the house of a company with which he is not connected; or loiter or remain about a saloon, grocery, or other place where intoxicating liquors are kept. No intoxicating liquor shall be kept or drank in or about any of the houses or premises occupied by the Department; nor shall gambling with any instrument or device for money, liquor, or any article of value, be done or permitted; nor shall dancing parties, social gatherings, etc., be allowed, except as expressly authorized by the Chief Engineer. 498 RULES AND REGULATIONS. FIRE DEPARTMENT. No member shall wantonly or maliciously make any false report of any other member, either as to any offense or as to the business of the depart- ment, calculated to create disturbance, or to bring any member into dis- credit, but any failure on the part of any member to report a violation of any of the rules and regulations shall subject him to censure, reprimand, forfeiture of pay of not exceeding one month's service, discharge from the service, or any two or more of such penalties, unless such member shall show, to the satisfaction of the Board of Engineers, that such neglect or failure was on his part unavoidable. Any person in the service of the Fire Department who may be dis- charged therefrom for cause, or leave the service under charges or suspen- sion, shall not afterwards be substituted or employed in the department in any capacity, within one year from the time of him leaving the depart- ment; not to include persons who may resign and leave the department without dishonor. Suspension shall be made by demanding of the member to be suspended the surrender of his badge, if he have one, and giving him personal notice. When any member shall be suspended, he shall, when properly notified of such suspension, cease to wear the uniform of the de- partment, in whole or in part, during the time he may be suspended from duty. When any substitute or candidate has been suspended, and the facts in the case reported to the Chief Engineer, he may, if such suspension is not approved, be placed in some other position, for further trial, but if the suspension is approved, said candidate or substitute shall be discharged from service without trial of the case. In case the member is inaccessible, absent from the city or his whereabouts unknown, so that he cannot be notified for more than twenty days' time, such notice given by his com- manding officer or the Assistant Chief of his district, and posted conspic- uously in the quarters of the company to which he is attached, shall be sufficient to constitute the suspension. When a member acts in obedience to the orders of a superior in rank, where the right to give the order did not at the time and under the cir- cumstances exist, the superior given such order, will, in the case of harmful results, be liable to the prescribed penalties; and the subordinate member, acting in obedience to such order, will be protected against any penalty prescribed in these rules, provided that it shall appear, to the satis- faction of the Chief Engineer, that no collusion to commit a wrong existed between the parties, and that the order. thus erroneously given, was not palpably wrong to a person of ordinary judgment. Whenever any member resigns or is discharged, or in any way vacates his office, he shall surrender to the Captain of his company or other of- ficer in command, or to Chief Engineer, all the property in his possession belonging to the Department. ! RULES AND REGULATIONS. 499 FIRE DEPARTMENT. No charge will be entertained against any member, unless it be made within thirty days after the violation or offense shall have been committed, except it be a charge against an officer or member for neglecting to report, as required by these rules, a complaint against a member under his charge. Nor will any charge be entertained against any substitute or candidate, but a written statement of all the facts in the case must be made out and forwarded at once to the Chief Engineer. However perfect the equipment and mechanical appliances for the ex- tinguishing of fires, and however ample the supply of water may be, yet all these are insufficient, especially at large fires, without the skill, courage, and good judgment of the firemen. The only method by which intelligent and proper action can be had is by the establishment and carrying out of a system, as perfect as possible in its details, and to this end members must conform promptly to and cheerfully obey all laws, ordinances, rules, regul- ations, circulars, and orders, whether general, special or verbal, for the government of the department or individuals, be strictly on time to the minute, and obedience must be prompt, implicit, unqualified and une- quivocal. The observance of these orders is especially enjoined upon the mem- bers of the Department. Members should understand that these rules and regulations are not intended to cover every case which may arise in the discharge of their duty. Something must necesserily be left to the intelligence and discretion of individuals; and according to the degree in which they show themselves possessed of the qualities, and to their zeal, activity, and judgment on all occasions, will be their claims to future pro- motion and reward. INDEX. CITY CHARTER. ·ALSO-~ I. ACTS RELATING TO COURTS. II. ACTS RELATING TO BOARDS. III. SPECIAL ACTS-BONDS, ETC. IV. RULES OF ORDER, ETC. INDEX-CITY CHARTER. [See "INDEX TO SPECIAL AOTs” in connection herewith. For COURT ACTS, BOARD AUTS ORDINANCES, etc., see separate Indexes, supra.] SUBJECT. ABATEMENTS-- County Auditor to report to Comptroller.. 5 21 70 ABSENCE-- Council may punish its absentees. 4 3 41 City officers may be removed for 4 4 41 ABSTRACT OF TITLE- To be furnished by owners of lands to be taken by city... 10 In case of failure to furnish..... 4 122 10 4 122 ABUTTING PROPERTY-See IMPROVEMENTS—— ACCEPTANCE-- Of bribe by Street Commissioner. Of plats.. ACCOUNTS--See CITY COMPTROLLER- To be kept by Comptroller.. Of officials, Council shall audit. Office vacant, if books, etc., not produced Proceedings, if officer delinquent or in default Of Street Commissioner.. ACTION AGAINST CITY— Inhabitants not incompetent. Manner of service.. • Duty of the Mayor to inform Council. ACTIONS BROUGHT BY CITY-- • • • • • • Shall be brought in corporate name of city. Library Board may sue and be sued... • • 94 8 8 8 23 101 3 12 4 13 • • D • • • • 4 13 4 13 56 8 6 11 93 4 151 11 6 151 333 33 56 56 • • • ACQUIRING LANDS, ETC.-- Property to be acquired by purchase or condemnation.... Deeds of purchase to state rights of parties... Manner of procedure • • Interested parties to be heard. Plat and survey • • • Power of Library Board.. ► 1 • • · • · 11 6 151 11 12 9 9 10 7 152 1 156 2 101 2 101 1 119 10 2 120 10 3 120 11 1 153 4 INDEX TO CITY CHARTER. ADDITIONAL SALARY- SUBJECT. Judges of Election.. How made and adopted... Board of Equalization. 3 27 37 • 3 27 37 ADDITIONS, PLAT OF-See PLATS OF ADDITIONS- 8 23 101 8 23 101 8 24 101 4 2 40 • 4 2 40 May be recorded, when. • • Effect of accepting same. ADJOURNED MEETINGS- • • Of Council, validity of transaction. In case of less than quorum.. ADVANCED COLLECTIONS— 5 20 70 County Treasurer to advance tax collections, when........ 5 20 ADVERTISING-See OFFICIAL ADVERTISING AFFIDAVIT OF PUBLICATION-- How made.…………. Conclusive evidence.. • AGENCIES, EMPLOYMENT- May be licensed... To keep public record.. AGENTS- • • Authority to restrain, etc... Library Board may appoint... AIR VENTS AND BOXES--See WATER WORKS— 11 14 154 11 14 154 • 4 5 42 4 5 42 4 5 48 12 1 157 • • 22 ALDERMEN- Shall be representatives in Council from former ward..... 1 4 18 Sixth Ward, special provision... 1 4 18 Elected in 1887, terms expire.... 1 4 18 Three from each ward, except the Tenth, Twelfth and Thirteenth.. 2 1 19 • Term of office... 2 2 19 • General election in 1888. • To be elected biennially. Two from each ward for one year, one for four years. Special provision as to term of office... Ex-officio Judges of Election, except when candidates.. Not to be interested in city contract.. Contract to be null and void if Alderman be interested... Payments made on such contracts may be recovered... Compensation for acting as Judges of Election.. Compensation for acting as Board of Equalization. Exempt from jury duty. Shall constitute City Council... Council may punish its absentees... 2 2 20 2 2 21 2 2 21 • 2 2 21 2 6 25 • · 3 25 36 3 25 36 • 3 25 37 3 27 37 3 27 37 3 28 37 • • • · 4 1 40 4 3 41 INDEX TO CITY CHARTER. 5 LO ALDERMEN-CONTINUED— SUBJECT. Continued absence cause for removal.. To approve work of Street Commissioners.. ALLEYS, PUBLIC--See STREETS— ALLEYS, TEN-PIN— Council may license.. AMENDMENTS TO CITY CHARTER- Notes, references to... ANIMALS- Authority to prevent running at large. Authority to restrain sale.. ANNUAL MEETINGS- Library Board... Election of officers of Board Vacancies may be filled, when. ANNUAL REPORTS- 4 4 41 • 8 6 94 4 5 42 - 165 4 5 47 · 4 5 47 12 8 161 12 8 161 12 8 161 • • City Comptroller to make to Council..... City Treasurer….. Police Commissioner.. • APPARATUS, HEATING— Regulate size and material.. APPEAL TO DISTRICT COURT- By owners of property to be taken. Manner of making ... Appellant shall file bond with City Clerk.. City Clerk shall make transcript of award . Judgment of Court final... . . . • Court to appoint Commissioners to re-appraise, when. Rules governing re-appraisals, no pleading necessary. Court to determine if proceedings were irregular. Case to have precedence.. APPOINTIVE OFFICES— To be determined by ballot in Council. Terms of office .... Shall continue until successor qualifies • • Officers appointed prior to January, 1889... Appointment of police vested in Police Board. ANNUAL INVENTORY-- Of city property by officials.. Shall be preserved by City Clerk. Shall be open to inspection. APPORTIONMENT OF FUNDS— • City Treasurer to adjust and apportion. Time of doing same... • • 3 16 34 *28 3 21 35 6 12 82 4 5 51 10 6 128 • 10 6 128 • 10 6 128 → 10 6 129 10 6 129 10 6 129 • 10 6 129 • 10 6 129 10 6 129 2 1 20 2 1 20 2 1 20 • 2 1 20 6 2 78 38 3 30 3 30 38 888888888888 3 30 38 5 20 70 • 5 20 70 6 INDEX TO CITY CHARTER. SUBJECT. APPRAISERS— Council to appoint. Duty of Appraisers APPRAISEMENT AND AWARD-See PERMANENT IMPROVE- MENTS, SPECIAL ASSESSMENTS, etc.— Streets, shall be made after viewing the premises.. Rules governing same..... Only excess of damages over benefits to be awarded.... Of lands, to be made by Commissioners. In case of street improvements Rules governing Commissioners • Not to exceed amount of benefits. When total cost exceeds benefits APPROPRIATION— • • • D Shall require majority vote of Council... . Vote shall be by ayes and nays, and recorded To perfect title to Exposition grant..... Council to make from current expense fund. Fund for care of fallen women and city hospital. From fund, for current expenses….. AQUEDUCT--See WATER WORKS-- ARREST- • • • • 4 15 58 4 15 58 5 00 20 00 8 2 90 8 2 90 8 2 90 10 3 121 10 5 125 10 5 125 10 5 126 10 5 126 • • • • 4 11 56 4 11 56 • • 4 14 58 5 10 65 5 35 75 • 5 36 76 Of persons guilty of violation of ordinances. Keepers of disorderly houses and houses of ill fame Duty of Police Board... 4 5 45 • 4 5 45 6 5 80 ART GALLERIES— Power of Library Board to establish and maintain ....... 12 1 156 ASHES- Council to prevent depositing in streets, etc. To prevent depositing in dangerous places. ASSEMBLIES, DISORDERLY— Authority to suppress. · ASSESSMENTS--See SPECIAL ASSESSMENTS, PERMANENT Im- PROVEMENTS, etc.-- 7 2 83 7 2 83 4 5 45 Expense of removing rubbish, snow, stagnant water, etc.. 4 Council to levy on property benefitted, form. No appeal from final award... · 5 49 8 2 92 8 2 92 Clerk to prepare all necessary forms. 8 2 92 • · • • For improvements, how limited Excesses, how paid. For sidewalks, when.. · • Collection of assessments Council shall levy same, when. Shall proceed to levy same, when. 8 10 95 8 10 95 • 8 12 96 8 12 97 8 13 97 10 5 127 1 INDEX TO CITY CHARTER. 7 SUBJECT. ASSESSMENTS-CONTINUED Collection enforced, how.. Shall be paid by County Treasurer to City Treasurer. Council may direct Auditor to cancel.. ASSESSMENT BOOKS- County Auditor shall deliver... ASSESSMENT LEVY-- For various street improvements Discretion of Council as to corner lots. Decision of Council final... For sidewalks built by city For repairs made by city For sprinkling streets. · • ASSESSMENT LISTS- Assessor shall make, when.. 10 15 137 10 15 137 • • • 10 15 137 • 5 1 61 10 8 132 10 9 133 • 10 9 133 10 10 133 10 11 133 10 12 133 5 1 62 8 2 91 8 2 91 10 5 126 • • 10 5 126 5 1 62 5 3 62 5 4 63 5 5 63 5 6 63 • Appraisement Commissioners to report to Council... Nature of such report.... . . • Street improvements to be reported to Council. Nature of list.... ASSESSMENT NOTICES- May be given and signed by Deputies.... ASSESSMENT ROLL- Board of Equalization shall revise, etc. Board to appoint Clerks to complete .. When revised by Board of Equalization. In case returned to Board by Council. City Clerk to return to County Auditor. When Council fails to take final action. Validity in case Council fails to confirm To be made at instance of Council. Form of roll.... • D • • Interested persons may object to confirmation.. Interested persons may appeal to court.. For various street improvements.... Discretion of Council as to corner lots. Decision of Council final.. For sidewalks built by city For repairs of sidewalks. For sprinkling streets.. • City Clerk shall keep record.... To be delivered to County Auditor. Evidence of proper proceeding.... Failure of City Clerk to copy not to affect Variance from form not material. • 5 5 63 5 5 63 5 • · 5 63 10 5 127 10 5 127 10 6 128 • 10 6 128 10 8 132 109 133 10 9 133 10 10 133 10 11 134 • 10 12 135 • • 10 15 137 10 15 137 10 16 139 10 16 139 10 16 139 1 8 INDEX TO CITY CHARTER. SUBJECT. ASSESSING PROPERTY-- Governed by general laws.. Board of Equalization not restricted. ASSESSOR-See TAXES — How appointed.. • • Style of office.. Tenure of office. Shall appoint deputies.. Vacancies, how filled. 5 2 62 5 3 62 • Present names of appointees to Council. 5 1 61 5 1 61 5 1 61 • 5 1 61 5 1 61 5 1 61 • • 5 1 61 5 1 61 5 1 61 51 61 • • Action in making subsequent appointments. To qualify. Duty to make preliminary lists.. • Assessment book, County Auditor shall deliver. Shall make assessment lists, when.. Tenure of office of former Assessor General laws to govern Assessor. • • Shall attend meetings of Board of Equalization.. Shall present Board with facts and information.... Salary to be fixed by Council.... ASSESSOR'S CLERKS— Assessor to appoint.. Council to approve. Increase of clerks. Compensation.... • • ASSISTANT CITY CLERK-- City Clerk may appoint... Salary fixed by Council, when. Same powers and duties as Clerk. Shall assist Clerk...... • Shall write records required by Comptroller. · • Shall attend meetings of Council Committees.. Authority in absence of City Clerk..... Validity of his acts.... ASSISTANT CITY ATTORNEY— City Attorney may appoint.. Shall assist City Attorney. • Powers in absence of City Attorney. ASSISTANT CITY ENGINEER- City Engineer may appoint. Shall assist City Engineer.. Duties in absence of City Engineer.. 5 1 62 5 1 62 5 2 62 5 3 62 NNNNNX 5 3 62 5 6 63 5 1 61 • 5 1 61 5 1 61 5 6 63 • • ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ 3 4 30 3 4 30 3 4 30 3 4 30 3 4 30 3 4 31 • • 3 4 31 3 4 31 • 3 5 31 3 5 31 3 5 31 • 3 9 32 3 9 32 3 9 2222 32 INDEX TO CITY CHARTER. 9 SUBJECT. ASSIZE AND WEIGHT OF BREAD-- Seizure and forfeiture.. ATTACHMENT— 4 5 47 3 5 35 City not to give bond.... ATTENDANCE OF ALDERMEN-- Council may compel.. • ATTORNEY-See CITY ATTORNEY-- ATWATER, JOHN— Library Director, first Board AUCTIONEERS— May be licensed.. AUDITOR-See COUNTY AUDITOR-- AUTHORITY- Of Council to license and regulate.... To provide for cleansing unwholesome places AUTHORIZED PUBLICATION— Of ordinances, etc., prima facie evidence AVENUES-See STREETS— 4 3 41 12 11 162 4 5 41 4 5 41 4 5 45 • 11 2 151 AWARDS AND ASSESSMENTS-See SPECIAL ASSESSMENTS— Re-hearing by the Commissioners.. Notice of re-hearing.... • • + • Commissioners may correct, alter and revise. List as revised to be reported to Council... Council to hear complaints of property owners. May be referred to a committee to hear complaints. Council may confirm or refer back to Commission. City Clerk shall prepare all forms Limitation of award.... Damages when computed. • AWARD OF DAMAGES-See DAMAGES How made.. For property taken by city. Confirmation of Council final Condemnation sufficient, when. • May be set aside in City Treasury, when.. • • 8 2 91 • • 8 2 91 8 2 91 8 2 91 8 2 91 8 2 91 ༦ • 8 2 91 8 2 92 8 2 92 223 8 2 92 8 2 98 10 3 121 10 3 122 • 10 4 122 • 10 4 122 10 4 122 10 4 122 10 4 122 • Right of property-owners to award, how established. Action of Court, when established... 10 4 123 10 4 123 AWNINGS- To prevent obstructing streets, sidewalks, etc.... 4 5 46 May be deposited in District Court, when Duty of City Clerk in making deposit.. Effect of deposit.... 10 INDEX TO CITY CHARTER. AYES AND NAYS— SUBJECT. Required to make appropriations... BADGE OF OFFICE-- Watchmen not to wear outside limits designated. BALLOTS- All elections must be by ballot. Ballots may be written or printed. Office must be designated.. Form..... Must be endorsed. How deposited in boxes.. • • • 4 5 50 • 6 6 80 2 2 21 2 2 21 2 2 21 2 5 24 • • • • • • 2 5 24 2 5 24 2 5 25. 12 3 157 2 5 24 2 5 24 • • 體 ​• 1 • 2 5 24 ! 2 5 24 2 5 25. · 12 3 157 City tickets to include Municipal Judges, when For Library Directors.. BALLOT BOXES- Shall be kept by Judges of Election.... One to be marked "City". One to be marked "City Boards" • • • Box for City Board to be divided into compartments... For County, State and National offices.. For Library Directors.... BANKS--See DEPOSITORIES- Designated as Depositories. 5 26 73 BANKS OUTSIDE HENNEPIN COUNTY-- Depositories, when.. 5 30 74 BANKRUPTCY— Failure of City Depositories.. 5 29 73. BARN- Authority to compel owner to cleanse.. 4 5 45 BARN-YARD LITTER-- Removal.. 4 5 53 BASE BALL GROUNDS-- BASSETT'S CREEK- 4 5 53 Authority to designate location.. Pollution of water.. 9 16 117 BATHING-- Authority to regulate in waters of city..... 4 5 47 BAWDY HOUSES-- Fines collected from keepers and inmates. `5 35 74 BEEF- Inspection.. . 4 5 49 ! INDEX TO CITY CHARTER. 11 SUBJECT. Chap Sect. Page BEQUESTS- Library Board held as special trustees.. BIENNIAL ELECTIONS— When held... BEGGARS- Authority to restrain and punish. 4 5 5 50 • • BENEFITS- Assessment for property benefitted, street improvements.. 5 16 Assessed against property owners for same. 68 8 2 90 12 7 161 2 2 20 4 5 42 8 6 93 • • 4 5 47 4 5 46 BILLIARD AND POOL TABLES— May be licensed.... BI-MONTHLY REPORTS— Of Street Commissioner. BIRTHS- Authority to provide registration..... BLASTING— Regulations.. BOARD OR JAIL FEES— Responsibility of city. • BOARD OF DIRECTORS-See LIBRARY DIRECTORS- Of Library Board.. • Members and terms of office designated.. BOARD OF EDUCATION— t To be elected biennially.... City election of 1887.... To hold office until 1889. Election in 1888. • • • Accounts to be kept by Comptroller.. ... 11 10 152 • 12 11 162 12 11 162 2 2 2 2 2 2 20 2 22 2 2 22 2 2 22 • • • • 3 12 33 3 13 33 3 18 34 3 19 35 5 21 70 5 22 71 • 12 2 157 Comptroller shall countersign evidence of indebtedness.. All claims to be audited by Comptroller... City Treasurer shall be ex-officio Treasurer Auditor to report amount of taxes levied.. Payment of employes... · · • • President member ex-officio of Library Board.. BOARD OF EQUALIZATION— How constituted...... Shall meet at Council rooms, when • Shall revise and amend assessment roll, etc, City Assessor shall attend meetings Assessor to present facts and information. Vested with powers of County Boards Not restricted in making reductions Meetings of Board until work completed.. • • 5 3 62 5 3 62 5 3 62 5 3 62 + 5 3 62 5 3 62 5 3 62 • 5 4 62 12 INDEX TO CITY CHARTER. SUBJECT. 4995 5 4 63 • 5 4 63 5 4 63 5 4 63 5 4 5 5 63 D 5 5 63 5 6 63 3333 63 3 6 31 • 3 6 32 • 4 5 47 4 5 49 BOARD OF EQUALIZATION-CONTINUED – Limitation for completing equalizations. Power to employ clerks Persons aggrieved to come before the Board. City Attorney to attend.... Duty of same in case of undervaluation. Return assessment rolls to Council when. In case rolls returned to Board by Council. Compensation of Board... BOARD OF HEALTH- Health Officer the executive.... " Inspectors to act under direction of. Authority to establish and regulate... May direct removal of unhealthy substances. BOARD OF PARK COMMISSIONERS – To be elected biennially. City election in 1887………. To hold office until 1889. Election in 1888... • • 1 BOARD OF POLICE COMMISSIONERS- Creation and general powers.. 2 2 2 2 2 2 2 2 22 2222 6 2 77 Control of Police Department.. Custody of books, records, property, etc. 6 2 6 2 Authorized to expend money appropriated... Power to appoint and remove members of Department... 6 To prescribe title, rank, and duties... 6 2 6 2 78 To fix compensation of appointees To make rules and regulations... • 6 2 6 2 • To issue general and special orders To consist of five members.... Mayor President and ex-officio Commissioner Council to elect Commissioners. Time of such election. Qualifications Rules governing election Cannot hold other city office Political complexion.. 6 2 6 3 78 6 3 78 • • • 6 3 6 3 78 • • 6 3 6 3 78 • • • · • 6 3 78 6 3 78 Tenure of office.. 6 3 Organization of Board.. · • 6 3 78 IIIIIIIIIIIIIIIIIII 77 77 78 78 78 78 78 78 78 78 · · · • 6 3 79 Election after 1887... When Council fails to elect. Vacancies, how filled.... Salaries.. • · 6 3 79 6 3 79 6 3 79 INDEX TO CITY CHARTER. 13 SUBJECT. BOARD OF POLICE COMMISSIONERS--CONTINUED- Expenses of Board a valid charge.. Shall file oath of office... Oath of office prescribed. Appointment and removal of members of police force.... Shall preserve public peace and order.... Duties of the Board named.. + May compel attendance of witnesses.. May administer oaths to witnesses.. Shall appoint Vice-President.... Fix term of office of same. May appoint a Clerk.... • May prescribe additional duties of Clerk... May appoint Special Policemen and Watchmen. Shall adopt rules to govern meetings of Board. Quorum of meetings... Action of three Commissioners valid, when.. No control over Park Police... Former organization to continue, when. Assume control of force, when.... • 6 4 79 6 4 79 6 4 79 6 4 79 6 5 80 6 5 80 • 6 5 80 6 5 80 6 5 80 6 5 80 6 5 80 6 5 80 6 6 80 6 7 80 • 6 7 80 6 7 81 6 9 81 6 10 81 6 10 81 6 10 81 Shall appoint and organize new force.. Shall remove no member of force except for cause Commissioners may be removed from office. Council to allow salaries and expenses. • • • • Board to make quarterly and yearly report.. Shall submit books, etc., for examination.. BOARD OF SINKING FUND COMMISSIONERS-- Council to provide for appointment. Board how composed Term of office and duties. Commissioners to have charge of Sinking Fund Investment in bonds..... Board not to cancel bonds, when.. • To pay interest on bonds into Sinking Fund. To pay bonds, when.... Neglect of duty of Board.... Action to enforce compliance.. • • BOARD OF SUPERVISORS OF POOR-- Council shall designate Aldermen to serve. Shall advise Superintendent as to his duties. BOARD OF TAX LEVY-- To fix tax levy of Library Board, when. Validity of action. • · • 6 10 81 6 11 82 6 12 82 6 12 82 6 12 82 5 14 66 5 14 66 5 14 66 5 14 66 5 14 66 5 14 67 5 14 67 ► 5 14 67 5 14 67 5 14 67 2227 3 7 32 3 7 32 12 6 161 12 6 161 • • 1 4 INDEX TO CITY CHARTER. SUBJECT. *BOARD OF WATER COMMISSIONERS— How established and constituted... 9 7 110 Mayor, ex-officio and President. Qualification of members…… To be appointed by Mayor President of Council to act in absence of the Mayor... Power to sign warrants, contracts, etc. 9 7 110 9 7 110 9 7 110 9 7 110 9 7 110 Date of appointing Commissioners. In case of vacancy. 9 7 110 9 7 111 Compensation. • Powers of Board……. Officers of Board... Compensation of employes • Superintendent may be Secretary Superintendent to give bond Duties of Superintendent Secretary to give bond.... . May appoint an Assistant Secretary. May appoint an Assistant Superintendent Duties of Comptroller..... Meetings, stated and special. Rules and regulations….. Meetings legalized, when Office furniture, etc., purchase of. • • • • Shall contract for or cause mains to be laid.. To fix water rates.. Right to enforce compliance. 9 7 111 • 9 8 111 9 8 111 9 8 112 • • · · 9 9 112 9 9 112 9 9 112 9 9 113 9 9 113 9 9 113 9 9 113 · • 9 10 113 9 10 114 9 10 114 9 10 114 9 11 114 D • Right to shut off water. • • • 9 14 115 9 14 116 9 14 116 9 14 116 • • • • Right to furnish water free, when BOATS- Agents may be restrained and regulated BODIES- Removal from tombs.... BOILERS AND BOILER SHOPS- Authority to designate location.. • Council to prevent dangerous conditions. BOOT-BLACKS- May be licensed ..... Home for newsboys and. • BONA FIDE OWNERS-See CITY BONDS- BONDS OF CITY-See CITY BONDS, etc.- Shall be countersigned by Comptroller... Council to make tax levy to meet interest. *Board abolished. See note on page 103. 4 5 48 4 5 53 4 5 53 7 2 83 4 5 41 4 5 42 3 13 33 5 13 66 INDEX TO CITY CHARTER. 15 SUBJECT. BONDS OF CITY-See CITY BONDS, etc.- Council to provide for payment of principal.. Moneys collected to meet same, not to be diverted.. Sinking Fund may be invested.. Bonds not to be cancelled, when. • 5 13 66 5 13 66 • 5 14 66 5 14 67 Payment of Bonds..... Contracts to be kept inviolate. Of Library Board, when payable.. Limitation. BONDS OF CITY OFFICERS- • 5 14 67 5 14 67 12 5 160 12 5 160 2 10 26 • • 229 Treasurer's bondsmen to justify in double sum of bond.. 2 10 26 Council to approve Treasurer's bond by resolution. Shall be executed before entering upon duties.. Amount may be fixed by Council.... Amount to be same as predecessor, when.. • Bond of Treasurer shall be executed by four sureties. Treasurer shall give separate bond as Board Treasurer... Superintendent of Water Works.... Secretary to Water Board. • Treasurer and Secretary of Library Board. Conditions of same...... Bonds filed with Comptroller... BONDS TO CITY To keep the peace, power of Municipal Court.. Authority to require... Limitation of bond.. Of depositories for city funds. • • When banks decline to give bonds. Council may require new bonds.. • Bonds of depositories to continue in force. • Council shall examine all bonds.... Council shall require new bonds, when.. 2 10 26 2 10 26 2 10 26 3 20 2 10 26 • · 35 9 9 112 • 9 9 113 12 4 158 12 4 158 12 4 158 3 23 36 4 6 54 4 6 54 5 25 72 • • 5 30 74 5 33 74 5 34 75 5 34 • 5 34 PPP 75 75 5 34 75 How recorded.... Council may require from claimant of award of damages.. 10 4 123 Conditions of such bonds…….. For official advertising.. BOND CONTRACTS-- Shall be kept inviolate. • · BOND OWNERS- May maintain action to enforce compliance.... BONDED INDEBTEDNESS-- Limited to five per cent. of assessed valuation. Limited to $1,000,000 for certain improvements.. 10 4 123 11 13 154 5 14 67 5 14 67 10 29 147 10 29 147 16 INDEX TO CITY CHARTER. SUBJECT. Chap Sect. Page. BOUNDARIES- Of city Of the thirteen wards. First ward.... Second ward. • Third ward. Fourth ward... Fifth ward • Sixth ward.. Seventh ward. Eighth ward.. Ninth ward.. Tenth ward. Eleventh ward. Twelfth ward….. Thirteenth ward. • BOXES- Ballot boxes... • Not to obstruct streets, sidewalks, etc. BRANCH PIPES- Council may proceed to construct... 1 2 11 • 1 3 13 1 3 13 1 3 13 + • 1 3 14 1 3 14 1 3 15 1 3 16 1 3 16 1 3 16 1 3 17 1 3 17 1 3 17 1 3 17 1 3 17 2 5 • 4 5 46 9 5 107 9 5 107 9 5 107 9 5 107 9 5 107 9 5 108 • To control construction by private parties.. Council may order laid, when How constructed.. · Cost may be collected in advance. Council may require same to be laid in area. Punishment for interfering with.. BREACH OF ORDINANCE- Authority to impose penalty BREAD- • · 9 16 117 4 5 54 4 5 47 4 5 47 • • Authority to regulate assize and weight. To provide for seizure and forfeiture.. BREAD AND WATER- Offenders may be sentenced to be fed on. BREWERIES AND DISTILLERIES- Authority to direct location, etc. BRIDGES- 4 6 54 4 5 46 3 10 38 5 16 68 8 1 8 8 9 9 • • 8 9 94 City Engineer to have charge of construction... Expenses to be paid from permanent improvement fund.. Council may build, maintain, or repair... Crossing the Mississippi, a city charge.. Crossing railway tracks, a city charge, when... INDEX TO CITY CHARTER. 17 SUBJECT. BRIBES, ACCEPTANCE OF— By Street Commissioner.... BRICK DRAINS-See DRAINAGE- BUILDINGS-See PUBLIC BUILDINGS- • Authority to regulate construction. Authority to appoint Inspector.... Shall be constructed of fire-proof materials. Council may prohibit repairs or re-building. Library Board may hire or erect, etc.. Board must first acquire building site.. BUILDING INSPECTOR- • · • • • 8 8 92 4 5 51 4 5 51 7 1 83 7 1 83 11 1 157 • • 11 1 157 2 88 8 2 88 Shall examine buildings in case of change in street grades 8 Shall make certificate of damages... BUILDING LIMITS- Authority to regulate materials and construction of build- ings in same. BUILDINGS, REPAIRS OF-See REPAIRING BUILDINGS-- BULKHEADS-See WATER WORKS-- BURIALS- Authority to provide for….. To regulate and prevent. BUTCHERS' STALLS- • 4 5 51 4 5 47 4 5 47 Authority to license and regulate..... 4 5 48 BUTTER- Authority to license and regulate sale. 4 5 48 BYSTANDERS-- May be compelled to give aid at fires... 7 4 84 CALAMITIES OF FIRE- Council to guard against.... 7 1 83 CANALS-See DRAINAGE— CANCELLATION— Comptroller shall note cancellation on orders on Treasurer 3 14 33 Auditor to report tax cancellation.... 5 20 70 Orders on Treasurer to be cancelled, when.. 5 23 Examination of bonds and destruction... 5 24 • Preservation of vouchers or orders... 5 24 5 24 NNN≈ 72 72 72 72 • • Council may examine cancelled orders. CARAVANS- License and regulation • CARDS, DICE AND OTHER GAMES- Restraint and prohibition... 4 5 41 4 5 45 18 INDEX TO CITY CHARTER. SUBJECT. CANVASSING ELECTION RETURNS- Council shall canvass. CARCASSES- Authority to prevent persons from depositing . Authority to compel removal……. Expense of removal.. CARE OF STREETS-See STREETS.— Chap Sect Page 2 8 26 4 5 47 4 5 47 4 5 47 CARRIAGES- Not to obstruct streets, etc.,. . . . CARS- Authority to regulate speed... CARTS- To prevent obstruction of streets sidewalks, etc., CATTLE- Authority to prevent running at large. CAUSE FOR REMOVAL FROM OFFICE- Continued absence of Aldermen.. Police Commissioners,. CAUSE OF FIRES- • • To be reported to Council Fire Marshal to keep records.. CELEBRATIONS AND PARADES- Special police for..... CELLAR Authority to compel owner to cleanse... CEMETERY OWNERS- Consent required to acquire lands.... CERTIFIED TRANSCRIPTS— Made by City Clerk, evidence in all courts. CERTIFICATE— Shall be countersigned by Comptroller.... Of deposit to be taken by Treasurer, when. Payable to order of Treasurer. Rate of interest.... Limitation... • · 4 3 46 ... 4 5 46 4 5 46 • 4 5 47 4 4 41 6 11 82 7 7 85 7 7 85 6 6 80 4 5 45 • 8 10 95. 3 3 30 3 13 33. 5 27 73 • • Of construction, authority for cancellation, when. County Treasurer shall accept in lieu of money. CERTIORARI- City not to give bond.... CHARTER- How amended………. 5 27 73. 5 27 73. 5 27 73. 10 15 138 10 15 138. 3 5 31 2 12 27 References (notes) to amendments. • • • • • • 165 1 INDEX TO CITY CHARTER, 19 1 } CHEMICAL PURPOSES- Sale of liquor.. SUBJECT. CHIEF ENGINEER FIRE DEPARTMENT- Council shall appoint. • Council shall define rank and duties. Chief shall nominate officers and men. May remove or discharge members.. CHIEF OF POLICE-See POLICE-- CHIMNEYS- · Authority to regulate construction.. Manner of construction.. Materials to be used. • Chap 4 5 43 7 7 5 85. 85 12 12 02 O 6 85 6 85 7 · + • • • • • 7 Council to prohibit dangerous construction CHINESE CRACKERS- Regulate or prevent sale of.... CITY, ACTIONS AGAINST See ACTIONS— CITY ATTORNEY- Council power to elect... · 4 5 51 7 2 83 7 2 83 7 2 83 • • 7 2 84 Shall perform all legal services incident to city Shall furnish Council with opinions, when.. Shall advise and counsel all city officers Shall attend regular meetings of Council May appoint an Assistant City Attorney. Shall have right to control appeals • • • • To attend meetings of Board of Equalization Duty in case of undervaluation of property CITY BOARDS— How elected after 1888 ... Branches of city government.... CITY BOUNDARIES-See BOUNDARIES CITY BONDS— Interest on bonded indebtedness Council to provide a fund for payment.. Sinking fund for payment of bonds.. Interest to be applied to sinking fund Payment at maturity • • Council may issue, when Limitation of same · Special authority required • • Bonds for permanent improvement Rate of interest.... Manner of payment. • Proceeds to be kept distinct. • • • • • * 3 3 or in co co co co co co wo 3 5 3 3 3 3 5 5 5 4 10 10 10 10 10 10 10 44 31 5 31 5 31 5 31 5 31 5 31 31 63 63 2 - -2 2- 3 23 22 22- 5 13 66 5 13 66 5 14 66 5 14 67 5 14 67 5 15 67 5 15 68 5 16 68 5 16 68 5 16 68 • 5 16 Es 5 16 (8 20 INDEX TO CITY CHARTER. SUBJECT. CITY BONDS-CONTINUED- Payment of principal or interest... Examination and destruction of cancelled bonds Preservation of records and vouchers. • Proceeds of bonds Authority of issue • · • Limitation of bonds authorized Limitation of time to run Rate of interest... • • • • D 5 22 71 • D • • 5 24 72 5 24 72 • 10 28 146 • • 10 29 146 10 29 146 · 10 29 147 • 10 29 147 Manner of selling. • Proceeds of sale to be credited to fund. Comptrollers' signature evidence of compliance Issue limited to $1,000,000 for certain improvements. CITY CHARTER- Not repealed by State law... To be public law-See end of... CITY CLERK-- To give notice of special election.. Eight days' notice, when... Shall notify officers of election. Shall be elected by Council.. • • Shall keep corporate seal and papers. • • • 10 29 147 10 29 147 10 29 147 • 10 29 147 • • ! 11 5 151 12 2 163 2 2 20 2 2 21 2 8 25 • 3 3 30 3 3 30 Shall keep records of proceedings of Council. Shall draw and sign all orders on Treasurer. 3 3 30 • 3 3 30 Shall keep account of all orders.... 3 3 30 · • Shall have power to administer oaths. 3 3 30 Shall perform services required by law.. 3 3 30 Compensation for services other than for city May appoint an Assistant Clerk.... Shall preserve annual inventories of city property Shall record and publish ordinances. Council shall audit accounts of.. ▸ Office vacant, if books, etc., be not produced. Proceedings, if delinquent or in default... To return assessment rolls to County Auditor. Make memorandum of confirmation of rolls.. When Council fails to confirm.. • · · 3 3 30 3 4 30 3 30 38 • 4 9 55 4 13 56 4 13 56 • • • 4 13 56 5 5 63 5 5 63 • 5 5 63 5 22 71 5 25 72 To sign pay-rolls.... Shall notify depositories of approval of bonds Shall prepare statements of Treasurer. Shall furnish copy thereof to any newspaper Shall give notice when assessment list shall be presented to the Council..... Shall prepare all necessary forms for making awards and assessments 5 28 73 5 28 73 8 2 91 8 2 92 INDEX TO CITY CHARTER. 21 SUBJECT. CITY CLERK-CONTINUED— To give notice of action on report of Committee on Loca- tion of Grounds.... 10 2 120 • Shall notify Commissioners. 10 3 120 Shall deposit amount of award in District Court when. To give notice of action on Commissioners report... Same, to describe lands taken... 10 4 123 10 5 126 10 5 126- Shall make transcript of award in event of appeal... •· Same, to describe lands assessed. Shall keep record of assessment rolls.... Shall deliver same to County Auditor.... Shall note payments on invalid assessments. Forward approved roll of deferred payments. Certificate, prima facie evidence.... Shall notify Library Directors of election CITY COMPTROLLER- Shall continue in office.... Special provision relative to term of office.. General election in 1888 To be elected biennially. • Shall keep books of account of city and all Boards. Shall keep record of bond, order, or other evidence of in- debtedness.. Shall keep record of redemption of indebtedness... Shall countersign all bonds, orders, or other evidence of indebtedness of city...... 10 5 127 10 6 129 10 15 137 10 15 137 10 17 140 • 10 27 144 11 2 151 · 12 1 3 158 4 18 2 2 21 • 2 2 2 2 3 12 • • • *2223 21 33 3 12 3 12 888 33 33 3 13 33 Shall keep account of orders on treasury Shall note cancellations.. • 3 14 33 3 14 33 Shall keep accounts with Treasurer and all receiving or disbursing officers.... Shall charge such officers with city property, etc., in their hands... Shall examine all accounts, etc., of Treasurer. 3 15 34 3 15 34 • 3 15 34 · . Shall perform duties prescribed by Council. Report financial condition of city to Council. Shall countersign all contracts...... Shall not be interested in a contract. 3 15 34 • 3 16 34 • 3 17 34 • · 3 17 34 • Shall adjust and credit all claims against the city.. 3 18 34 • Shall take and preserve receipts for all orders delivered... 3 18 May keep and use a seal of office. 34 3 18 35 • • May use seal of city.. 3 18 35 D May appoint a Deputy Comptroller... 3 31 38 Responsible for acts of Deputy Comptroller.... Audit accounts of time of Board of Equalization, etc.. To estimate expenses of city, etc.. 3 31 38 · 5 6 63 5 8 61 • 22 INDEX TO CITY CHARTER. SUBJECT. CITY COMPTROLLER-CONTINUED- To roport estimate to Council.... Make statement of revenues received by city Report computation of rate of tax levy. Rule governing same..... • Make estimate of tax levy for ward purposes To report quarterly expenses of city...... • • • • To report quarterly revenues received and outstanding.. To notify Council when funds deficient.. Not to sign contracts, when.. May sign contracts, when.. · • A • • • • • - • Orders on Treasurer not to be signed, when.... Shall sign orders in the order claims are allowed. To audit pay-rolls of employes..... Pay-rolls to be deposited with Comptroller... • To receive application of banks for city funds... Deposit and keep all city bonds.... • • • • • F F F F F 5::::: • 5 8 64 5 8 64 5 8 64 5 5 5 8 64 8 64 10 65 5 11 65 5 17 68 5 17 69 5 17 69 5 17 69 5 17 69 5 22 71 5 22 71 5 22 71 Keep separate books for water works. Shall keep record of, and countersign all bonds, orders, etc 9 Shall audit all claims against Boards.. Shall keep accounts of Library Board. Shall keep record of bonds, orders, etc.. Shall countersign all bonds, orders, etc.. Shall audit claims of Library Board. CITY CONTRACTS- • · No person interested in contracts eligible to office. Void if city officer be interested... City Engineer shall enforce compliance. • • 5 34 75 9 9 113 9 113 9 9 113 12 5 159 • · • 12 5 159 12 5 159 12 5 159 2 11 26 2 11 27 3 10 33 Officers must not be interested.. 3 25 36 Void if any officer be interested... 3 25 36 Money paid on such contracts may be recovered. Comptroller not to sign, when.... 3 25 37 • • 5 17 69 Comptroller may sign contracts, when. Periodical payments on contracts. CITY COUNCIL- Shall consist of three Aldermen from each ward………. Special provisions for wards ten, twelve and thirteen. Shall determine appointive offices by ballot.. To be elected bi-ennially.. Shall settle tie-vote [of people] for office.... Shall establish election precincts.. Rules governing same. In case of failure.. Shall designate polls. ► • Shall appoint Judges of Election.. • • • • • 5 17 • • 69 5 17 69 2 1 19 2 1 19 2 1 20 · 2 2 20 2 2 21 2 5 23 2 5 23 2 5 23 2 5 23 2 6 25 INDEX TO CITY CHARTER. 23 SUBJECT. CITY COUNCIL--CONTINUED-- Shall canvass election returns. To fill vacancies.. • 2 May prescribe conditions of bonds of city officers.. Shall approve Treasurer's bond by resolution. Shall approve bonds of other officers... Action in case Mayor vetoes ordinance. • • • • · • Two-thirds vote required for ordinance vetoed... Action if Mayor neglects to return ordinance. Shall elect President and Vice-President. Shall elect City Clerk..... Power to elect City Attorney. • May require opinions from Attorney.. · • 8 26 2 9 26 2 10 26 2 10 26 2 3 3 10 26 1 222222222** 29 1 29 3 1 29 3 3 3 3 2 29 3 30 07 M LO LO 5 31 5 31 Shall elect a Health Officer. May appoint Health Inspectors • • Shall designate Aldermen as Supervisors of Poor.. Shall elect Superintendent of Poor May appoint City Physician... Shall appoint City Engineer. • • 3 6 31 3 6 31 3 7 32 3 7 32 3 8 32 3 9 32 9 32 3 22 35 3 22 35 3 22 35 3 26 37 · • • • 2 26 37 • • • D 3 29 37 Shall prescribe duties and fix compensation of Engineer.. 3 Power to provide for appointment of Wharfmaster May define the duties of same.. May regulate all wharf landings • Power to require additional duties of officer. Power to appoint additional officers Power to fix compensation of officers Manner of fixing compensation.. Quorum. • • In absence of President and Vice-President. Shall hold stated meetings.... Mayor may call special meetings Business of special meetings • • In case of failure to get quorum. 3 29 37 4 1 40 4 D • • • • • 4 4 4 • 4 4 4 4 4 4 • 4 Validity of transactions of adjourned meetings. Meetings and sessions defined.. Shall be judge of election of its members Power to summon in canvassing elections. Shall determine rules of its proceedings May punish absentees Power to remove officials. • · • • • • • • D Officers elected by people only removed for cause Continued absence reason for removal Fix place and manner of trial of officers Power to compel attendance of witness, etc.. If officer refuses to answer charge. 4 112 N N N N N ∞ ∞ ∞ ∞ + 44 40 40 2 40 2 40 2 40 2 40 2 40 3 41 3 41 3 41 3 41 4 41 4 41 4 4 41 4 4 41 4 4 41 4 4 41 ! " 24 INDEX TO CITY CHARTER. SUBJECT. Chap Sect. Page. CITY COUNCIL-CONTINUED— Power to make ordinances To amend or repeal. • To impose penalties, etc. • • • D To license and regulate shows and showmen Same as to caravans, menageries, etc.. Same as to concerts, museums, etc. Same as to newsboys and boot-blacks. Same as to roller-skating rinks ... Same as to theatrical performances. • · · Same as to auctioneers, pawnbrokers, junk-dealers, etc. Same as to employment offices Same as to billiard tables, bowling saloons. Same as to shooting galleries..... Same as to taverns, victualing houses.. Same as to dealers in spirituous liquors, etc. Restrictions as to termination of license • • Special provisions as to auctioneers, pawnbrokers, second- hand and junk-dealers. Same as to employment offices • May make appropriation for home for newsboys, etc. Restrictions as to sale of liquor.. To restrain and prohibit gambling. To restrain liquor dealers. • · • - 4 5 41 • 4 5 41 4 5 41 • 4 5 41 4 5 41 4 5 41 4 5 41 4 5 41 4 5 41 4 5 42 • 4 5 42 4 5 42 4 5 42 4 5 42 4 5 42 • • • 4 5 42 4 5 42 4 5 42 • • 4 5 42 4 5 43 4 5 45 4 5 45 To prevent riots, disturbances, etc. 4 5 45 Provide for arrest and punishment 4 5 45 Authorized to destroy gambling instruments. 4 5 45 • • Power to suppress disorderly and houses of ill fame 4 5 45 charge of steam..... To compel abatement of nuisances .. To direct location of stock-yards, slaughter-houses, mar- kets, breweries, etc. • To locate and license venders of gunpowder, etc. . To designate time for removal of slaughter houses. May consent to location of slaughter houses Power to prevent obstruction of streets. To regulate speed of locomotives, etc.. To require gates and flagmen.... To prohibit whistling of locomotives and unnecessary dis- To designate safety-valves on locomotives May direct kind of coal used by locomotives 4 5 45 00 10 10 10 10 10 10 10 4 5 46 4 5 46 4 5 46 • 4 5 46 • • 4 5 46 4 5 46 4 5 46 4 5 46 4 5 46 4 5 46 • Power to punish for fast driving. 4 5 46 • • Compel persons to fasten horses. • 4 5 47 Regulate bathing and swimming 4 5 47 • • Restrain animals running at large. 4 5 47 • • INDEX TO CITY CHARTER. 25 SUBJECT. CITY COUNCIL CONTINUED-- Power to license dogs. To prevent putrid substances, etc.,.. To prevent for removal of carcasses, etc., To establish Boards of Health, etc.,. To provide hospitals.... To provide for registration of births, deaths, etc.,. To prevent burials in city.... To regulate the assize and weight of bread. To provide for seizure of bread. To prevent driving on sidewalks. To prevent discharge of fire arms. To prevent exhibition of firearms.. To prevent drunkenness and obscenity. To restrain hotel runners, hackmen, etc., To establish public markets.. To appoint overseers of markets.. To regulate weighing hay, straw, etc., • To regulate measuring and weighing fuel To appoint person to measure wood, etc., To compel removal of straw, etc...... To compel abatement of stagnant water nuisances. To make special assessments for removals.. To control and regulate piers and wharfs. To prescribe charges for pierage and wharfage. To provide for quarantine.. To regulate public auctions... 4 5 47 4 5 47 4 5 47 4 5 47 • • • . • • • 4 5 47 4 5 47 4 5 47 4 5 47 4 5 47 4 5 +7 4 5 48 4 5 48 4 5 48 4 5 48. 4 5 48. • • 4 LO 5 48 4 5 48. 4 5 • • • • 4 5 • 4 5 4 • • • • 4 4 4 5 To provide ordinance for weights and measures. 4. 5 • • To appoint City Sealer... 4 5 To require all weights and measures to be sealed. To regulate inspection of meats, etc.,. 4 5 4 To provide for destruction of unwholesome meats, etc..... To appoint inspectors, weighers and gaugers. 4 4 7 To make regulations for suppression of disease.. 4 • To restrain and punish vagrants, prostitutes and beggars.. 4 To license and regulate hackmen, draymen, etc., 4 • To provide standing places, etc., for same.. 4 To provide hack stands at depots... 4 To prescribe building limits..... To authorize Mayor or Chief of Police to regulate same 4 To regulate construction of buildings. Has no control over United States or State buildings. Power to provide and regulate hitching posts, etc.,. To regulate hatchways 4 5 51 4 • • • 4 4 DOLOLOLO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO 5 48 48 4 5 48. 48. 49. 5 49 5 49 5 49 49 49 49 49 49 5 50 5 50. 5 50 5 50. 5 50 5 50 5 51 5 51 5 51 5 51 5 51 4 5 51 To regulate numbering houses • 4 5 52 26 INDEX TO CITY CHARTER. SUBJECT. Chap Sect. Page. CITY COUNCIL-CONTINUED—— To compel owners to number houses. To require fire escapes, etc., + To regulate, locate or prohibit steam boilers. To regulate and control quality and measurementof gas... 4 To provide for inspection of gas, meters, etc.,. . . To appoint Gas Inspector and other officers To prescribe duties of Gas Inspector. • To regulate placing of telegraph poles, etc., To regulate suspending of electric wires. To have wires placed beneath the surface. To regulate width of wagon tires . • • To regulate weight of load to be drawn in streets.. To prohibit heavy traffic on certain streets.. To provide for removal of garbage.. To assess expense for removal... To provide for removal of dangerous structures. To assess expense for same. • To regulate piling lumber, mill-wood, etc.. To designate location of wood yards, boiler shops, etc..... To designate location of rendering houses, soap houses, glue factories, etc..... To designate location of store-houses for oil and powder.. To designate location of roller rinks and base ball grounds To license, regulate and prohibit concealed weapons...... To regulate removal of dead bodies placed in vaults, etc... To regulate construction of chimneys, smoke-stacks, etc.. 4 To prohibit erection of insecure buildings, smoke-stacks, emission of dense smoke, etc.... • • To impose penalties for nuisances, etc. May impose penalties for breach of any ordinance.. For sentence of prisoners to confinement on bread and water That offenders may be required to give security. May require bonds to keep the peace.. 4 5 52 4 5 52 4 5 52 5 52 4 5 52 4 5 52 4 5 52 4 5 52 4 5 52 4 5 52 • • • D 4 5 52 4 5 52 • 4 5 52 4 5 52 D • 4 5 52 4 5 53 4 5 53 • 4 5 53 4 4 5 53 4 5 53 4 5 53 4 5 53 4 5 53 4 5 53 5 54 . 4 5 54 4 5 54 4 6 54 4 6 54 4 6 54 4 6 54 May provide for confinement in work-house. 4 7 54 That offenders may be kept at hard labor in work-house Male offenders may be sentenced to labor on public works May provide for sentence to both.. 4 7. 54 4 7 54 4 7 54 That offenders be kept at hard labor for non-payment of fines until fines worked out. • May prescribe rate of compensation of same. May establish work-house regulations... 4 7 54 • · • 4 7 54 4 7 55 Provide for security against escape of prisoners.. Power to establish work-house inside or outside of city... 4 Authorized to use Hennepin County jail as work-house... 4 7 55 · 7 55 4 7 55 INDEX TO CITY CHARTER. 27 SUBJECT. CITY COUNCIL-CONTINUED Style of city ordinances.. Subject of ordinance expressed in title.. 4 8 55 4 8 55 4 8 55 4 9 55 4 9 55 • 4 9 55 No ordinance to embrace more than one subject. Ordinances and resolutions passed by affirmative vote.... Ordinances and resolutions require majority of entire Council Ordinances and resolutions recorded in proceedings.. No ordinance passed at session of first reading, save by unanimous consent...... • • Not to preclude passage of ordinance reported by Commit- tee on Ordinances, etc...... A majority vote necessary for appropriations. Vote taken by ayes and nays for same.. • ་ • 4 9 55 4 9 55 • 4 11 56 4 11 56 Council powers not a bar to nuisance proceedings. Audit and examine accounts of officials………. 4 12 56 4 13 56 • May audit when deems proper, also at end of year. . Each officer and agent to exhibit his books, accounts, etc. 4 13 Offices vacant if books, etc., not produced. Proceedings at law against delinquent officer or agent... Record of all such settlements and adjustments. Control and management of finances and property. Except property of water works. Sale of city property. Authorized to convey lands to Industrial Exposition.. Description of land so authorized to be conveyed.. Such real estate revet to city in case of default.. Not less than twenty-two expositions... Authority to make appropriation to perfect title. Sites for public buildings..... Power to purchase by condemnation... To condemn property for streets and alleys. Appoint Appraisers to ascertain values of lands, amount damages and benefits..... Licenses may be revoked at any time. • May exercise its powers by resolution, when.. 4 13 56 • 56 4 13 56 4 13 56 • 4 13 57 4 14 57 4 14 57 4 14 57 • • 4 14 4 14 4 14 4 14 58 • • 4 14 58 • 4 15 58 • 4 15 58 • • • 4 15 58 to to 10 10 10 10 88 57 57 58 • • 4 15 58 4 16 59 4 17 59 Shall appoint Assessor. 5 1 61 Confirm Deputy Assessors. 5 1 61 Direct increase or decrease of Assessor's clerks. May confirm or return assessment rolls... 5 1 61 · • • 5 5 62 Shall fix salary of Assessor.... 5 6 63 Fix compensation of Board of Equalization, deputies, etc 5 Make tax levy for current expense fund • 6 63 5 10 64 • Make appropriation from current expense fund. Shall make reduction in expenses, when.. • 5 10 65 5 11 65 28 INDEX TO CITY CHARTER. SUBJECT. Chiap Sect. Page CITY COUNCIL-CONTINUED—- Reserve right of reduction in street lighting contracts.... 5 11 Make ward tax levy. 65. 5 12 65 Limitation of same.. 5 12 65 To provide for payment of interest on bonds. Make tax levy to provide payment of principal.. 5 13 66 • • 5 13 66. To maintain sinking fund... Provide for care and investment of same. No power to divert or abolish same until debts are paid.. Shall appoint Board Sinking Fund Commissioners... Determine term of office of Board, etc May omit one-mill tax levy, when... May resume same, when.. May issue bonds, when. Limitation of same.. • • Special authority required to issue bonds.. Authorized to issue bonds for permanent improvement... Limitation of same.... Authorized to make expenditures. Shall make tax levy for permanent improvement. Comptroller to notify when funds deficient... Taxes to be levied by resolution.... • Make statement of tax levy to County Auditor.. May determine as to orders on treasury. May provide for payment of employes. Examination of cancelled orders, and other obligations... Direct preservation of records and vouchers... Shall fix amount of bonds of banks receiving city funds on deposit... 5 14 66 5 14 66 5 14 66 5 14 66 5 14 66 • • • • 5 14 67 5 14 67 5 15 67 5 15 67 · 5 15 67 5 16 68 5 16 68 5 16 68 • • 5 16 68 5 17 68 5 18 69 • • • 5 19 69. 5 22 70 5 22 70 5 24 72 5 24 5 25 72 Bonds of such banks to be approved by Council. 5 25 72 • Designation of banks...... 5 25 22 222 72₁ Authorized to negotiate for deposits in foreign banks, when May designate newly organized banks as depositories..... May require new bonds, when. 5 30 74 5 32 74 5 33 74 Shall examine all bonds.... 5 34 75 Shall require new bonds, when.. 5 34 75 May appropriate fines for reformation of fallen women.. And for building and maintaining a city hospital. Levy special tax to pay judgments.... Shall make new levy, when.... To approve compensation of Police Department. To elect Police Commissioners. Time of such election. 5 35 75 5 35 75 5 37 76 5 37 76 6 2 78 • 6 3 78 6 3 78 Rule governing same.. 6 3 78 • • Designate terms of office of Police Commissioner. 6 3 79 • ! INDEX TO CITY CHARTER. 29 CITY COUNCIL-CONTINUED- SUBJECT. In case of failure to elect Police Commissioner Shall fill vacancies in Board .... Shall not elect more than two of one party to Board.. Shall allow payment of salaries of Police Board... Shall allow reasonable expenses of Police Board.... May call upon Police Board for books, etc... To receive reports from Police Board.. May prescribe fire limits.... May require fire-proof buildings. • • May prohibit repairing buildings, when.. Prescribe manner of constructing chimneys. May cause removal of dangerous materials, etc. To prevent deposit of ashes in street.... To compel use of spark-arresters.. To regulate and prevent use and sale of explosives, etc... To compel owners of buildings to provide fire-escapes May prescribe scuttles in roofs.... 6 3 79 • • • 6 3 79 6 3 79 6 12 82 6 12 82 6 12 82 6 12 82 7 1 83 7 1 83 7 1 83 7 2 83 7 2 83 7 2 83 7 2 83 7 2 84 7 2 84 7 2 84 May regulate and locate smoke houses.. 7 2 84 May make any provision to guard against fire.. 7 2 84 • May erect and maintain engine and hose houses. May maintain fire alarm telegraph, etc...... Make rules for fire department.... 7 3 84 • 7 3 84 7 4 84 Provide for punishment for interference with apparatus.. 7 Make rules for water works.. 4 84 7 4 84 • May keep idlers and suspected persons from vicinity of fires 7 May compel bystanders to aid at fires 4 84 7 4 84 Shall appoint Chief Engineer of fire department. Provide for officers and men of same.... 7 5 85 • 7 5 85 • 7 5 85 7 6 85 Define rank and duties... Confirm nominations to fire department. May designate Fire Marshal · May provide for Fire Police... Shall define powers and duties of same. May give police powers to firemen ... ► • • . • May prohibit construction of wooden sidewalk. To have control of streets.. May lay out and extend streets. To have control of streets and highways.. May lay out, widen and straighten same. May provide drainage..... May make improvements for health. May build and maintain bridges. May provide for pavements.. May establish grade of streets.. • • • 7 7 85 7 8 85 85 7 8 7 8 85 7 11 7 11 86 86 8 1 87 8 1 87 8 1 87 ∞ ∞ ∞ ∞ ∞ ∞ ∞ 8 1 88 8 1. 88 8 1 88 8 1 88 8 2 888 30 INDEX TO CITY CHARTER. CITY COUNCIL--CONTINUED- SUBJECT. del[.) Sect. Page I Shall cause profile of grades to be made... May reconsider action in case of changing street grades... 8 Shall appoint Appraisers.. To act upon assessment list, when.... + 8 2 88 2 89 8 2 89 8 2 91 2 91 May hear complaints touching awards and assessments 8 May confirm assessment and award or refer back to com- mission.... May confirm or annul revised assessment list. May appoint a new commission. When confirmed, action final…. • To levy assessments on property. • Form of such levy, may adopt a form. May vacate streets. Exclusive powers. • • • • May designate districts for street cleaning purposes. May contract for cleaning streets... May contract for all work or construction. · All work or construction may be done by the day Day work under direction of Council..... May designate officers to have charge of day work Shall appoint Street Commissioners. • May appoint a General Street Commissioner. • 8 2 91 8 8 8 8 • • • • 8 ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ~ ~ ~ ~ ~ ~ ∞ ∞ HH LOLO LO LO 2 61 1 2 91 2 91 2 92 2 92. 8 3 92 8 3 92 8 4 92. 8 4 92 8 5 92. 93 5 93 8 93 8 6 93 • • 8 6 94 8 10 95 8 11 96 · • • 8 12 96. • 8 12 96 8 13 97 • D May purchase or condemn lands for street open ings and improvements. May order gutters or paving To order sidewalks... Manner of ordering sidewalks. 8 8 Shall levy sidewalk assessments, when. Shall grade before ordering sidewalks. May order streets and public grounds sprinkled.. May designate city districts May extend same .... Control laying out streets, etc. • • • • • Shall have control of acceptance of plats of additions. Power to maintain waterworks and sewers. To enlarge, extend, re-lay and improve same Right to acquire property.. • • • May enter lands to lay mains or sewers • 8 16 98. 8 17 98. 8 22 100 8 22 100 8 22 100 • 8 22 100 9 1 103. 9 1 103. 9 2 104 • • • • • • • • 9 2 104 9 2 104 9 2 104 Proceedings where surface of land is not required.. May enter upon private property to make repairs Shall levy assessments for mains To fix cost of laying mains In re-assessments may direct plan To determine the cost of sewers • • • • • · • • 9 3 104 9 3 105 9 3 105 • 1 • 9 4 106 • • · INDEX TO CITY CHARTER. 31 SUBJECT. CITY COUNCIL-CONTINUED- May proceed to construct branch pipes May proceed to lay sewer connections May control manner and time of constructing branch pipes 9 May order branch pipes laid, when • May require surveys, plats and profiles, when May order sewer connections made ..... 9 5 107 9 5 107 • 5 107 9 5 107 9 5 107 9 5 107 9 5 108 9 6 108 9 6 109 9 6 109 9 14 116 May require branch pipes, sewer connections, electric wires, etc., laid in area • May bring action against owner to drain wet lands, etc.. May abandon proceedings • May effect a system of drainage of marshes. Shall revoke plumbers' license, when • May provide punishment of persons injuring or interfering with water works. Provide office-furniture, etc., for water-works.. Shall order main laid... 9 15 116 9 10 114 9 10 114 119 May appoint committee to select lands for city purposes.. 10 City Engineer to act with committee on location of lands. 10 To consider report of committee on location of grounds.. 10 To hear interested persons... May refer award to new Board of Commissioners. To act on report of appraisement.. To hear any objections thereto. May refer report to committee. • • • • • • • 1 1 119 2 120 May confirm or annul report.. Confirmation of award final.. Shall pay for condemned lands.. • Set aside amount of award of damages in treasury, when 10 May require claimant of award to give bonds.. Designate character and extent of street improvements.. 10 Shall appoint Commissioners in street improvements.. To act upon report of Commissioners. May refer to committee to hear objections.. May appoint a new commission, when... May confirm or annul revised appraisement. Confirmation final.... Shall proceed to levy assessments. • • • • • · • 10 2 120 10 3 122 10 3 122 10 3 122 10 3 122: • • 10 3 122 10 3 122 10 4 122 4 122 10 4 123 • 5 123 10 5 124 • • 10 5 127 10 5 127 10 5 127 10 5 127 10 5 127 • • 10 5 127 10 5 127 10 7 130 • 10 8 130 10 8 130 Shall cause to be made an assessment roll, form of... May abandon proceedings, when, limitation... . . To designate character and extent of pavements. To designate character and extent of water mains.. To designate character, extent and materials to be used in water mains, sewers,etc. May direct Engineer to advertise for bids for paving, gut- ters, water mains, etc…….. 10 8 130 • 10 8 131 32 INDEX TO CITY CHARTER. SUBJECT. Prg CITY COUNCIL--CONTINUED-- Shall hear interested parties.... 10 8 131 May abandon proposed improvements. 10 8 131 • May fix cost... 10 8 131 May levy assessment and order assessment roll for street improvements 10 8 132 Discretion as to assessing corner lots, decision final.. Shall fix cost of building sidewalk, when.. 10 9 133 10 10 133 • 10 10 133 Shall assessproperty... • • Order new assessment for street extensions, etc., when.. 10 14 136 When second assessment is annulled.. 10 14 137 May provide for validity of certificates of construction... 10 15 137 May provide that County Treasurer shall accept certifi- cates in lieu of money... D May direct Auditor to divide special as sessments... May order immediate construction of improvements when money is advanced.... May order assessment collections to cease, when Action in case of invalid assessments.. Majority vote to order sidewalks... May await contracts before assessing. May await collection of assessments. Shall cancel assessments, when... Shall deduct interest not accrued. Authorized to issue bonds. Authorized to sell bonds. • • • • • · • • • 10 15 137 10 15 138 10 15 139 1 10 17 139 10 17 139 10 19 140 10 20 141 10 21 141 10 23 141 • 10 23 141 • 10 29 146 Proceedings by resolution to be approved by the Mayor Authorized publication of acts, prima facie evidence... May provide for compilation of ordinances. Penalties and judgments, how remitted... Shall invite proposals for advertising. Manner of inviting proposals... Style of proposals to be received. Contract, how awarded.. • • 10 29 147 10 29 147 11 2 151 11 3 151 11 11 153 • 11 13 153 11 13 153 11 13 153 11 13 153 • 11 13 153 11 13 154 11 13 154 11 15 154 • • 12 3 158 8 22 100 • 8 22 100 8 22 100 Discretion in awarding advertising contracts. In case two bids on the same Rejection of bids .... • Shall invite proposals for job printing Shall canvass vote for Library Directors. CITY DISTRICTS— Council may designate. May be extended ... • • Shall be continued until extended or modified CITY ELECTION--See ELECTION-- INDEX TO CITY CHARTER. 33 J SUBJECT. Chap Sect. Page CITY ENGINEER- Council shall appoint ...... Qualifications.. May employ assistants.. Council to prescribe duties.. Shall keep his office in convenient place · • • May appoint an Assistant City Engineer. Shall enforce compliance of contracts . Shall deliver property and instruments to successor or to Council..... Shall preserve surveys, plans, estimates, etc.. Shall have supervision of all city work • • • • 3 9 32 3 9 32 3 9 32 3 9 32 3 9 32 3 9 32 3 10 33 3 11 33 3 11 33 3 18 33 3 18 33 • 8 2 88 8 2 90 8 6 93 8 6 94 10 1 119 10 1 119 10 5 123 • • 10 5 124 10 5 124 8 131 10 8 131 • May suspend work not conforming to requirements Shall make and keep profiles of street grades To advise Commissioners.. To direct Street Commissioners To approve work of Street Commissioners To act with Committee in locating grounds. Report to Council .. • ► • Shall make plats and surveys for improvements. Nature and form of plat Shall estimate cost of improvement Estimate cost of pavements, water mains, sewers, etc.... 10 Rules governing making estimates.. • • 8 132 10 133 May omit estimate of costs in street improvements, when 10 Duty when property owner neglects to build sidewalks... 10 Authorized to give certificates for assessments of 1886... 10 27 143 Shall prepare roll of deferred payments... May request Auditor for description of lands. Engineer to furnish plats CITY EMPLOYES- Exempt from jury duty. • · CITY FINANCES AND PROPERTY— Council to have control and management... CITY FUNDS— Costs of special assessments to be returned Council may provide for increase... Comptroller to notify when deficient.. Comptroller not to sign contracts, when 10 27 143 10 31 148 • • • • 10 31 149 3 28 37 4 14 57 Comptroller to sign contracts, when No order to be signed until money be in treasury Disposition of surplus.... City Treasurer shall receive.. Treasurer shall adjust and apportion Orders on to be kept separately... • • • • • 5 16 68 5 17 68 5 17 68 5 17 68 5 17 68 5 17.69 518 69 5 20 70 5 2070 5 23 72 223 34 INDEX TO CITY CHARTER. CITY FUNDS-CONTINUED – SUBJECT. • May be deposited in banks. Qualification of depositories. Applications of banks for same. Designation of banks………... • • Banks to pay interest on deposits... Council to fix and approve bonds of banks. Funds deposited subject to order of Treasurer. Apportionment of deposits.. Rate of interest on deposits. Computation and disposition of interest. Certificates taken on certain deposits... Rate of interest on such funds.. Limitation of deposits. · Monthly statement of deposits.. Bankruptcy of city depositories... • • May be deposited in foreign banks, when. Capital of banks receiving city funds. Treasurer to secure interest on funds. To be managed in interest of city.. Debts to be met at maturity... Interest collected to be placed, how.. · · Chap Sect. Page • 5 25 5 25 72 5 25 72 ལུཿཤུམྥཀུམྥསུ 5 25 72 5 25 5 25 72 5 26 73 5 26 73 5 27 73. • 5 27 73 5 27 73 5 27 73 • • + • 5 27 73 5 28 73. 5 29 73 5 30 74 • • 5 30 74 5 31 74 5 31 74 5 31 74 5 31 74 5 32 74. 5 33 74 • 5 33 75 • • 5 35 75 Newly organized banks may receive funds. In case of insufficient security.. Deposits shall be withdrawn, when Provision for maintenance of reformatory.. Provision for building and maintenance of city hospital.. 5 35 75 Appropriations for current expenses. Provisions for paying judgments.... • • Excess special tax collection, disposition of... Library Board fund………. 5 36 76 5 37 76 5 37 76 12 1 157 CITY GOVERNMENT- All Boards to be branches……….. CITY HOSPITAL- Fund for building and maintaining………. CITY LIMITS, EXTENSION- How affecting tenure of office... CITY LIGHTING-See LIGHTING CITY- CITY OF MINNEAPOLIS- A municipal corporation.. May sue and be sued, plead and be impleaded... May make and use a seal, etc....... May take, hold, lease and convey property Such power not restricted to city limits. • • 4 • 2 3 23 5 35 75 1 4 17 1 1 11 1 1 11 • • 1 1. 11 • • 1. 1 11 1 1 11 INDEX TO CITY CHARTER. 35 SUBJECT. CITY OF MINNEAPOLIS-CONTINUED— Shall be capable of contracting and be contracted with.. Territory comprising the city Taxes of 1886-7... · • • • Taxes levied for school districts. Special legislation for districts six and eight Debts of school districts assumed. Moneys and properties of school districts. Sale of liquor prohibited in certain territory. Forbidden to issue liquor licenses, where. Divided into thirteen wards. Boundary lines of wards... Tenure of office not affected, where... Alderman of Sixth ward, special provision. Distribution of taxes of 1886.. City not to give bonds, when. Legal successor of former cities... Puplic property.... Assume indebtedness, etc., of St. Anthony. • • 1 1 11 1 2 11 1 2 12 1 2 12 1 2 12 1 2 12 • 1 2 12 1 2 13 1 2 13 • • 1 3 13 1 3 13. 1 4 17 1 4 18: • 1 4 18 3 5 31 Resolutions and ordinances of St. Anthony not incon- sistent, etc., to remain in force. Publication of ordinances authorized. Ordinances, rules and orders of Council, prima facie evi- dence, when... 11. 1 150 • 11 1 150 11 1 150. • 11 2 150- • 11 2 151. 11 2 151 Certificate of City Clerk, "true copy". ·། 11 2 151. • Council may provide for compilation of ordinances, etc... 11 Distribution and sale of copies of publications.. 11 No inhabitant incompetent when city party to suit.. 11 Charter provisions not modified unless expressly stated... 11 Manner of service in case of action.... Actions brought to enforce compliances.. Actions for violations shall be by warrant 3 151 3 151 4 151 5 151 11 6 151 • 11 7 152 Warrant not necessary, when.. Process for violations in name of State. Inprisonment for default of fine.... 11 8 152 11 8 152 • • 11 8 152 11 9 152 Imprisonment pending trial, etc., City not liable for board of prisoners, when. 11 9 152 11 10 152 City not liable for jail fees, when... 11 10 153 11 11 153 Penalties or judgments, how remitted... No officer or employe to dispose or convert city property 11 12 153 Council shall invite proposals for official advertising. Contracting for job printing.……. CITY OFFICERS-- Elective officers of the city... 11 13 153 • 11 15 154 2 1 19 2 1 19 Three Aldermen for each ward except wards ten, twelve and thirteen.. 36 INDEX TO CITY CHARTER. SUBJECT. Chap Sect, Page, CITY OFFICERS-CONTINUED- Terms of office.. Council to appoint certain officers by ballot. To continue in office until successor qualifies. Officers appointed prior to January, 1889. Biennial election... Vacancies, how filled. • Council to determine tie vote. • • Special provision relative to term. Spring election abolished... • City Board elected be-ennially after 1888... City Clerk shall notify of election.... Removal from city or ward..... Refusal to qualify and enter upon duties. Vacancies to be filled by Council... Bonds of Officials.. Not to be interested in contracts. Duties of the Mayor.... • · • 22 2 1 19 2 1 20 2 1 20 2 1 20 D 2 2 20 2 2 20 2 2 21 2 2 21 2 2 21 2 2 22 2 8 25 2 9 26 2 9 26 2 9 26 2 10 26 • 2 11 26 3 1 29 3 1 29 3 1 29 • • · 3 2 29 3 3 30 3 4 30 • 3 5 31 3 5 31 3 5 31 · • 3 6 31 3 6 31 3 7 32 3 7 32 • 3 8 32 3 9 32 3 9 32 • • 3 10 33 Mayor may maintain action against officer, when.. Discharge of official duties to be enforced by Mayor. Duties and powers of President of Council. Duties and powers of City Clerk.. • Duties and powers of Assistant Clerk.. Duties and powers of City Attorney • • • • • City Attorney shall advise and counsel all officers Duties and powers of Assistant City Attorney. Duties and powers of Health Officer.. Duties and powers of Health Inspector Duties and powers of Superintendent of Poor. Duties and powers of Supervisors of Poor.. Duties of City Physician.. • • • • • • • [3 12 33 to] 3 18 34 Duties and powers of City Engineer . Duties of Assistant City Engineer. Authority of City Engineer .. Duties and powers of Comptroller.. Duties and powers of City Treasurer Duties and powers of Wharfmaster. Shall deliver city property to successor Must not be interested in city contract Payments made on such contract may be recovered from interested Aldermen... • Additional duties may be required by Council Exempt from jury duty .... Duties and powers of Street Commissioners • · 3 19 35 3 22 35 • • 3 24 36 D 3 25 36 3 25 37 3 26 37 3 28 37 • 8 6 93 • • " • • • 8 6 94 Duties and powers of General Street Commissioner INDEX TO CITY CHARTER. 37 SUBJECT. CITY PHYSICIAN-- City Council may appoint. Qualifications • · • Shall attend and furnish poor with medicines. CITY PRISON— 1 · 3 8 32 co co co 3 · 3 ∞ ∞ ∞ 8 ཨྰཿལ 32 8 32 Judge of Municipal Court may to commit vagrants to..... 4 7 55 CITY PRINTING— Shall be let to lowest bidder Proposals and contract for job work. CITY PROPERTY— • Engineer's surveys, profiles, plans and estimates Officers to deliver to successor... Penalty for neglect to deliver • Officers shall report annual inventory.. • Council to have control and management. May provide for sale of... • • · • · • Purchase of office furniture for water works. Punishment for interfering with.... + • • No officer or employe shall depose of or convert... CITY'S REAL ESTATE Two-third vote required to sell. Exceptions in case of Industrial Exposition Land to revert in case of default.. CITY SEALER-See SEALER OF WEIGHTS AND MEASURES- Authority to appoint.. CITY TREASURER- Special provisions relating to term of office. General election in 1888.. To be elected biennially D • • Bond shall be executed by at least four sureties. Bondsmen to justify in double the sum of the bond Shall be approved by Council by resolution... Council shall audit accounts... • Office vacant if books, etc., be not produced. Proceedings if delinquent or in default.... Shall give separate bond as Board Treasurer. Shall make detailed annual report to Council.... Report to be filed with Clerk. Shall receive all moneys belonging to city. 11 15 154 11 1 154 • 3 11 33 • 3 24 36 • • • • • 3 24 36 3 30 38 4 14 57 4 14 57 9 10 114 9 16 117 11 12 153 4 14 57 4 14 57 4 14 58 4 5 49 2 2 21 2 2 21 • 2 2 22 · • I · • 2 10 26 2 10 26 2 10 26 4 13 56 4 13 56 4 13 56 3 20 35 · • 3 21 35 3 21 35 3 19 35 Shall keep detailed accounts as Council may direct… . . . . . Shall be ex-officio Treasurer of Board of Education and Library Board... To receive tax collections, penalties and interest. To make settlement with County Treasurer. + · • • 3 19 35 3 19 35 5 19 2283 70 5 20 70 38 INDEX TO CITY CHARTER. SUBJECT. Chap Sect. Page. CITY TREASURER--CONTINUED- Shall receive tax collections in advance, when Shall adjust and apportion funds.... Mayor may direct where employes shall be paid. To keep orders drawn on each fund separately To take certificates of deposit, when.. Make monthly statement of deposits.. Shall file same with Clerk.. • Exempt from liability, when. Authority to deposit in outside banks, when. To secure interest on public funds.. To manage funds in interest of city.. • Not to postpone payments when due.. 5 20 70 • • • 5 20 70 5 22 71 5 23 72 5 27 73 5 28 73 • 5 28 73 5 29 73 • • • D · 5 30 74 • 5 31 74 • 5 31 74 5 31 74 • 5 31 74 5 33 75 9 9 112 9 112 12 4 158 12 4 158 · • • • 12 5 159 • 12 5 160 • Shall make annual statement of interest received. Shall withdraw funds deposited, when. · Shall keep water rents in water works fund…… Shall only pay out on orders signed by President of Board 9 Shall be Treasurer of Library Board.. • Shall give bonds to Library Board • Duties relating to Library Board.. Exempt from liability when... CITY WORK- Engineer shall have supervision and charge By the day, when.... CIRCUSES-- To be licensed.. CISTERNS- Authority to establish, etc.... CLAIMS- To be audited and adjusted by Comptroller. Against water works department.. Comptroller to audit... CLERK- Of Municipal Court, council shall audit books.. Office vacant if books, etc., be not produced. Proceedings in case of delinquency or defalcation. Board of Equalization power to appoint... 3 10 33 8 5 93 4 5 41 4 5 47 3 18 34 9 9 113 159 12 5 4 13 56 4 13 56 • 4 13 56 5 4 63 Compensation of Clerk of Board of Equalization.. Police department, how appointed. 5 6 63 • 6 5 80 Duties and term of office.. 6 5 80 COAL- Authority to designate kind to be used by locomotives... 4 5 46 INDEX TO CITY CHARTER. 39 SUBJECT. COLLECTIONS- Excess to current expense fund. Taxes to be collected, how.. • Advanced by County Treasurer, when. Certified statement of tax collections. Of sidewalk assessments. COLUMNS-- Regulate size and material. · COMBUSTIBLE MATERIALS-- Authority to regulate storage, etc. Authority to license vendors... Authority to regulate the use. COMMITMENT FEES-- City not liable for... · · • COMMISSIONERS, PUBLIC GROUNDS-- Penalty in case of failure to act…….. Recovery of penalty.... To award compensation for property taken. Qualification of Commissioners. Quorum... How notified. • To be sworn by Clerk or other officer. Nature of oath... • To give notice by publication of meeting. To hear interested persons. • Shall meet and view premises... May adjourn from time to time... • 5 16 68 5 19 70 5 20 70 5 21 71 • 8 12 97 4 5 51 4 5 46 4 5 46 • 4 5 46 • 11 10 153 10 3 120 10 3 120 10 3 120 10 3 120 • 10 3 120 10 3 120 10 3 121 10 3 121 • • 10 3 121 10 3 121 10 3 121 10 3 121 • 10 3 121 • • Report appraisement and award to Council.. COMMISSIONERS, STREET GRADES- How appointed.... • • Benefits to be assessed. Damages, how awarded. Penalty for neglect of duty. Notice of meetings.... Meeting and adjournments. City Engineer to advise. Rules governing. • • • May have aid of any city officer.. • · To report appraisement and award to Council. Style and form of report ... May give re-hearing to property-owners. Must publish notice of re-hearing ... May correct, alter and revise award and assessment Report revised list to Council .... • • ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ 8 2 89 8 2 89 8 2 89 8 2 89 8 2 89 8 2 90 8 2 90 8 2 90 8 2 2 8 2 888 90 90 90 8 2 91 8 2 • • • • a 91 8 2 91 • • 8 2 91 40 INDEX TO CITY CHARTER. SUBJECT. Chap Sect. Page. COMMISSIONERS, STREET IMPROVEMENTS, ETC.- City Council shall appoint Quorum and vacancies. Penalty for failure to attend Shall give notice of meeting. City Engineer to advise .. Appraisement and award. To report to Council.... To make assessment list Nature of list. • • • • 10 5 124 10 5 124 ! 10 5 124 10 5 125 ▼ • • • • • • . • • • • • 10 5 125 10 5 125 10 5 126 10 5 126 10 5 126 COMMISSIONER, POLICE SEE POLICE—- COMMISSIONERS, STREET-SEE STREET COMMISSIONERS— COMMITTEE ON LOCATION OF GROUNDS— Report to Council 10 1 119 • • • 10 1 120 5 3 62 4 5 41 4 7 54 • 4 10 56 11 3 151 6 11 82 3 3 30 • 3 9 32 3 27 37 • If for water works. • COMMITTEE ON TAXES-- To constitute Board of Equalization. COMMON SHOWMEN– License and regulation. COMPENSATION— Of offenders in lieu of fine.... COMPILATION OF ORDINANCES- Prima facie evidence.. Council may provide for COMPLAINT- • Manner of making against Police Commissioner.. COMPENSATION— Of Clerk for services other than for city Of Engineer and assistants...... Of Aldermen acting as Judges of Election Of Board of Equalization Council to fix compensation of officers When fixed not to be changed during term Sealer of Weights and Measures.. Market Masters, Inspectors, etc.. Of Deputy Comptroller • • Council may reduce, when Limitation of such reduction. To be fixed by Police Board.. Subject to approval of Council Of Water Commissioners • • • • • • • • • Of employes of Water Board.. Of County Auditor.... City may tender compensation for lands taken. Of property owner to be limited, when.. • 3 27 37 3 29 37 3 29 37 3 29 • 37 3 29 37 3 31 38 5 11 65 · 5 11 65 6 2 78 6 2 78 7 111 9 8 112 9 10 31 149 10 30 148 • • • 10 30 148 INDEX TO CITY CHARTER. 41 SUBJECT. COMPEL ATTENDANCE--- Of Aldermen, Council may COMMON SEAL- • City may make, use and alter. COMPTROLLER-See CITY COMPTROLLer. CONCEALED WEAPONS.— D D 4 3 41 1 1 11 Authority to license, prohibit, and regulate the carrying.. 4 5 CONCERTS- License and regulation... CONDEMNATION-- Right of Council for public buildings. For streets, alleys and public squares. Manner of condemnation... Proceedings abandoned, when. Owners to furnish abstract of title. If owners fail to furnish abstract. Lawful and sufficient, when • • • • • • • Compensation from permanent improvement fund. Lands taken, how described.. Lands assessed, how described. CONFISCATION— Of concealed weapons.. CONSTABLES-- Police to have power of CONTAGIOUS DISEASES-- • ► • • • Authority to prevent landing of boats. To make disposition of persons afflicted. Authority to regulate and quarantine CONTRACTS-- City may contract... · • Shall be signed by the Mayor. Comptroller shall countersign……. • • • 53 4 5 41 4 15 58 4 15 58 4 15 58 10 4 122 • 10 4 122 10 4 122 10 4 122 • 10 4 122 10 5 126 10 5 127 • 4 5 53 Comptroller shall keep book in which shall be entered.... Interested parties may inspect..... • Authority to contract for erection of gas works. Right reserved to reduce street lighting service.. Void if Street Commissioner or Engineer be interested.. Not to be awarded to person in default to city. For laying water mains.. In case no funds... • Not binding until countersigned... · • Improvements may be performed on contract. Council may await contract before assessing. • • · • • 6 8 81 4 5 49 4 5 49 4 5 50 1 1 11 • 3 1 29 3 17 34 3 17 34 3 17 34. 4 5 47 5 11 65 8 8 94. 8 25 102 9 11 114. 9 11 115 9 11 115 10 20 141 10 20 141 42 INDEX TO CITY CHARTER. SUBJECT. Chap Sect. CONTRACTS--CONTINUED- For official advertising.. Discretion of Council in awarding. Term of contract.. For job printing. 儒 ​D Library Board may make and enforce. CONTRACT WORK- 11 13 153 11 13 153 ► • 11 13 154 11 15 154 11 16 156 Council may contract for street cleaning.... 8 5 92 All work done or constructions made may be contracted for 8 5 92 Notice for proposals.... 8 5 93 Work forfeited if Commissioner be interested. 8 8 94 CONTRIBUTION— Of owners to draining wet lands.. 9 6 108 Not to exceed benefits CONTROL OF POLICE- Vested in Board of Police Commissioners.. CONTROL OF STREETS-See STREETS-- CONVERSION OF CITY PROPERTY- By officer or employe COPIES OF BONDS- Prima facie evidence of contents CORPORATE SEAL- Shall be kept by City Clerk.. Assistant City Clerk authorized to affix. Comptroller authorized to use COST OF IMPROVEMENTS-- City Engineer to make estimate.. COUNSEL— Officer may be heard by COUNTY AUDITOR-- Shall deliver assessment books, etc.,. Duty to transmit tax statement to Comptroller. Time for transmitting statement To report abatements to Comptroller.. To report delinquent taxes.... To report delinquent taxes of prior years. 9 6 109 6 2 77 11 12 153 5 34 75 3 3 30 3 4 31 • 3 18 35 ... 10 5 124 4 4 41 5 1 61 5 21 70 • • D 5 21 70 • • • • • • • 5 21 70 5 21 70 5 21 71 5 21 71 10 15 137 10 15 137 To make certified statement of collections.. Shall extend assessments against property. Shall note cancellation of assessment.. Certificate of construction authority for cancellation... Council may order assessment collection to cease, when.. 10 17 139 Shall divide assessments, how. Shall add interest, how.. • • • 10 15 138 10 27 142 10 27 143 Page. INDEX TO CITY CHARTER. 43 SUBJECT. COUNTY AUDITOR-CONTINUED Manner of keeping his books.. To extend balances of deferred payments. Per centum to be added... To furnish Engineer detailed description of property Engineer to furnish plats.... Compensation .. • Duty concerning library tax levy COUNTY JAIL- Authority to use as work-house. · • Prisoners to be in custody of Sheriff. Prisoners to be in custody of Police, when. COUNTY TREASURER- To pay over taxes... To pay over interest and penalties... • 10 27 144 10 27 144 10 27 144 10 31 149 • 10 31 149 10 31 149 12. 6 161 4 7 55 4 7 55 4 7 55 • · • 5 19 70 5 20 70 5 20 70 5 20 70 15 138 10 27 145 To make settlements with City Treasurer. Shall advance tax collections, when... Shall accept certificates of construction in lieu of money.. 10 Receipts where certificates are used.. To pay library tax to City Treasurer. COURTS-SEE DISTRICT COURT and MUNICIPAL COURT— • • Action to enforce compliance by Council or Board of Sink- ing Fund Commissioners... District Court may remove Police Commissioners from office.. Library Board may sue and be sued. COVERED DRAINS--SEE DRAINAGE— CRIME- Duty Police Board to prevent. CRIBS IN MISSISSIPPI RIVER- Right to construct.... CURB STONES-See PAVEMENTS.- CURRENT EXPENSES- 12 6 160 • 5 14 67 • 6 11 82 12 1 156 • 6 5 80 10 1 119 Comptroller to report estimate. Revenues to be devoted to.... Council to make tax levy to meet same. Limitation of such levy.. • 5 8 64 5 9 • • 5 10 • 5 10 5 10 5 11 5 11 65 5 11 65 5 16 68 *RRRR**** 64 64 64 65 65 Limitation of appropriation from fund... Comptroller to make quarterly report... When in excess of estimates... Council shall make reductions, when ► Permanent improvement fund not to be applied.. • • • • 44 INDEX TO CITY CHARTER. SUBJECT. CURRENT EXPENSE FUND- Appropriations from.. • • Excess of tax collections.. Defray expenses of fire department.. DAMAGES- • • • • • • Chip Sect. fag 5 36 76 5 37 76 7 10 86 Awarded property owners for change of street grades .... 8 When and how computed... For improvements assessed to property benefitted. Sustained by persons from defective sidewalks. Execution to issue, how.... City owner of execution, when • • · • City entitled to execution against property owner By means of defective sidewalks, a ward charge For insufficiency of streets or sidewalks Service of summons in action to recover Action to be commenced, when.. Notice of action to recover No notice required, when.. Liability of railway companies DAMS AND WING DAMS- Right to construct. DANGEROUS SIDEWALKS- · • 2 90 8 2 92 8 10 95. • · · · • 8 14 97 8 14 97 8 14 98 8 14 98 • • 8 15 98 8 19 99 8 19 99 8 20 99 • • • • • • • • Street Commissioner shall remove, when Expense of removal to be assessed.. Liability of owners DANGEROUS STRUCTURES-- Authority to compel removal. Expense to be assessed, when • DAY OF ELECTION-See ELECTION DAYS-- DAY WORK-See WORK BY THE DAY- DEAD- Burial of may be regulated. DEAD ANIMALS- • • Deposit in water, sewers, etc.. DEATHS- Authority to provide for registration To provide for burials.. DEBTS- 1 8 20 100 8 20 100 8 21 100 10 1 119 8 13 97 1 8 13 97 8 14 97 4 5 53 4 5 53 4 5 47 9 16 117 4 5 47 • • • 4 5 47 Of school districts assumed by city………. DELINQUENT OFFICIALS— Council shall prosecute.. DELINQUENT TAXES- Auditor to report to Comptroller... Of prior years. • • 1 2 12 4 13 56 5 20 70 5 21 71 • INDEX TO CITY CHARTER. 45 ! SUBJECT. DESTRUCTION OF INSTRUMENTS- Used for purpose of gambling.... DEPOSITORIES- Manner of designating Qualification... Application of banks for city funds. Council to fix bonds.. · Banks to pay interest on city deposits.. Amount and approval of bonds... Apportionment of funds deposited Rate of interest on deposits.... Computation and disposition of interest Certificates of deposit taken, when.. Rate of interest on certificates... Bankruptcy of bank.... • May be located outside county, when.. Amount of capital required... Treasurer to secure interest from Newly organized banks .... • • • In case of insufficient security.. Deposits shall be withdrawn, when. Reinstatement of depository. Bonds to continue in force.. DEPUTY ASSESSORS- • • How appointed, term, etc... May give and sign notices Compensation fixed by Council. DEPUTY COMPTROLLER— City Comptroller may appoint. Validity of his acts... • • • 4 5 45 5 23 72 5 23 72 • 5 23 72 5 23 72 5 23 72 5 25 72 • 5 26 73 5 27 73 5 27 73 5 27 73 5 27 73 5 29 73 5 30 74 5 30 74 5 31 74 5 32 74 • 5 33 74 • 5 33 74 5 33 75 5 34 75 5 1 61 5 1 62 5 6 63 • 3 31 38 3 31 38 3 31 38 3 31 38 3 31 38 3 31 38 • 3 31 38 4 5 45 Cannot countersign bond or contract, or make financial statement.. Exception... Shall file oath of office.... May be required to give bond to Comptroller. Compensation • • DICE, CARDS, ETC.-- Restraint and prohibition.... DIRECTORS--SEE LIBRARY DIRECTORS— Names of first Library Board.. DIRT, RUBBISH, ETC.-- Removal of. • · DISBURSING MONEYS-- Law governing same. 12 11 162 . 4 5 48 ... 5 22 74 46 INDEX TO CITY CHARTER. SUBJECT. DISBURSEMENTS-SEE FINANCES-- DISCHARGE- Penalty on judgment, how DISEASED MEATS- Authority to inspect, condemn and destroy. DISEASES--See CONTAGIOUS DISEASES – DISORDERLY ASSEMBLIES-- Authority to prevent.. DISORDERLY HOUSES— Authority to suppress. • • DISQUALIFICATION FOR OFFICE- Officer guilty of fraud forever disqualified. DISTILLERIES-- Location and management.... DISTRICT COURT-See APPEALS and COURTS- dey.? Sect. Page . 11 11 153 4 5 50 4 5 45 4 5 45 Warrant in favor of Clerk of. Parties may petition.... Shall make an order, when. Right of parties to appeal to.. City Clerk to furnish copy of award. No pleading on appeal. Precedence of case. Judgment of court.. • • Shall appoint Appraisers, when. Parties to appeal shall be heard. 2 11 27 4 5 46 10 4 123 10 4 123 10 4 123 10 6 128 10 6 129 • 10 6 129 10 6 129 10 6 129 10 6 129 10 6 129 10 6 129 10 6 130 10 6 130 10 6 130 10 6 130. 10 6 130. • 10 6 130 Shall fix time and place of meeting. Shall allow compensation of Appraisers.. May re-commit award.... May appoint new Appraisers. • No appeal allowed.... No writ of error allowed. May adjudge double costs. DISTURBANCES-- Authority to prevent.. DIVERSION OF STREAM--See BRIDGES- DOGS-- Authority to prevent running at large. To license.... To summarily destroy, when. DOUBLE COSTS-- In case of frivolous appeals.. DONORS— Of money, etc., may vest title in Library Board. 4 5 45 4 5 47 4 5 47 4 5 47 10 6 130 • 12 7 161 INDEX TO CITY CHARTER. 47 DRAINAGE-- SUBJECT. City Council may provide. DRAYMEN AND EXPRESSMEN Authority to regulate... DRIVING ON SIDEWALKS- Authority to prevent.... DRUGGISTS- May sell liquors, for what purposes 8 10 95 4 5 50 4 5 47 4 5 43 4 5 48 4 5 48. 3 1 29 2 78 DRUNKENNESS— Authority to prevent on streets and public places .. To provide for arrests.... Mayor shall see that they are enforced... DUTIES OF OFFICERS-See CITY OFFICERS- Duties of Policemen to be designated by Police Board.... 6 DYE HOUSES- Authority to designate location DYNAMITE- Storage • • 4 5 53 4 5 46 EDUCATION-See BOARD OF EDUCATION—— EIGHTH WARD- Boundaries. ELECTIONS- To be held biennially.... At time of general State election. Special elections to fill vacancies. . Not to be held within sixty days of general election. Not invalidated by defect in notice... Eight days' notice may be given, when. All elections shall be by ballot.. Office to be designated on ballot. Spring elections abolished.. General election in 1888. City election in 1887. • · • Council to settle tie vote of people... Officers to be elected biennially after 1888. Mode of conducting elections... All returns to be made to City Clerk. Qualifications of voters.... Council to divide wards into precincts. Council shall designate polls... In case Council fails or neglects. Manner of depositing ballots.. Ballot boxes to be provided.. • • • • • • • • • • 1 3 16 2 2 2 20 2 220 2 2 2 2 20 2 20. 2 20 2 21 2 2 21 2 2 21 2 2 21 2 2 21 2 2 21 2 2 21 2 2 22 2 3 23 2 2 2 2 3 23. 3 23 5 23. 5 23 2 5 23 2 5 24 2 5 25 2 2 2 N N N N N N N N N ∞ ∞ ∞ CD LO LO LO LO LO ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 48 INDEX TO CITY CHARTER. i SUBJECT. Chap Sect, Page ELECTIONS-CONTINUED Ballot boxes, how marked. Ballots must be endorsed.. Additional ballot boxes.. Municipal Judges to be balloted for.. Council shall canvass returns.. City Clerk shall notify officers of their election. Vacancies to be filled by Council.... Members of Police Commission Rules governing same.... Police Commissioners after 1887. Of Library Board.... Of Library Directors in 1886. Subsequent elections... Library Directors... • • • Returns and canvass for Library Directors. ELECTION DAYS-- • 2 5 25 2 5 25 2 5 25 2 5 25 2 8 26 8 26 • • • • 2 9 26 6 3 78 6 3 78 6 3 79 12 2 157 12 2 157 12 2 157 • 12 3 157 • Police Board may appoint Special Policemen.. ELECTION, NOTICE OF-See NOTICE OF ELECTION- ELECTION, JUDGE OF--See JUDGE OF ELECTION- ELECTION PRECINCTS- To be established by Council.... Date for making designation Limitation of Precincts. • 222 12 3 158 6 6 80 2 5 23 2 5 23 2 5 23 • • · 2 5 23 In case Council neglects or fails..... ELECTION, SPECIAL-See SPECIAL ELECTION- ELECTION RETURNS- For city officers to be made to Clerk.... For State and county officers to Auditor Judges shall return to City Clerk... Limitation for making returns. • 2 3 23 2 3 23 2 8 25 2 8 25 Council shall canvass.. ELECTIVE OFFICERS- 2 8 26 Mayor, Treasurer, Comptroller, Aldermen and Boards of city 2 ELECTRIC WIRES- 1 19 Authority to regulate, etc.. 4 5 52 Council may require laid in area. 9 5 108 • Council may require to be laid beneath surface of street.. 9 ELEVENTH WARD- 5 108 Boundaries.. 1 3 17 ENDOWMENTS-See FEES and EMOLUMENTS—— EMPLOYES OF CITY-See CITY EMPLOYES-- Council may reduce force, when. 5 11 65 Payment of... Library Board may appoint.. • 5 22 71 12 1 157 INDEX TO CITY CHARTER. 49 SUBJECT. EMPLOYMENT AGENCIES – May be licensed.. To keep public record... ENCROACHMENT ON STREETS- Removal and abatement... ENCUMBERING OF STREETS- To be prevented..... ENFORCEMENT OF ORDINANCES- Power of City Council. ENGINE HOUSES— Council to build and maintain..... Rules for use and protection.. Punishment for interference with Manner of acquiring grounds for. ENGINEER-See CITY ENGINEER- ENGLISH LANGUAGE- Police to read and write... ENLARGING SEWER-See SEWERS— ENLARGING WATER WORKS-See WATER WORKS- EQUALIZATION-See BOARD OF EQUALIZATION— When completed..... ESCAPES-See FIRE ESCAPES- 4 5 42 4 5 42€ 4 5 50 4 5 46 • 4 5 41 3 84 7 4 84 7 4 84 • 10 1 119 • ... 7 6 8 81 5 4 63 J : ESTIMATES— Police Board shall furnish. 6 12 82 EVASIONS-See VIOLATIONS— EVIDENCE--See PRIMA FACIE EVIDENCE— Of indebtedness invalid unless signed by Comptroller.... 3 13 In Court, certified records of Comptroller... 33 3 14 34 • EXAMINATION-- Police Board shall submit books, etc.. Fire Marshal's powers. Of bonds by Council. • • EXCESS OF COLLECTIONS-- Credit to current expense funds... EXHIBITIONS— License and regulation... EX-OFFICIO--See OFFICERS— City Treasurer to be Treasurer of Library Board.. Mayor member Police Board... Same, Board of Education.. Mayor Library Director... 6 12 82 7 7 85 • • 5 34 75 5 11 65 4 5 41 3 19 35 3 19 35 • 6 3 78 12 11 162 50 INDEX TO CITY CHARTER. SUBJECT. EXPENDITURES-- Council given authority to make….. Authority of Library Board.. • Authority of Street Commissioners. EXPENSE • 5 16 68 12 1 157 8 6 93 City's portion of for permanent improvement, how paid.. 5 16 68 Watchmen to serve without expense to city. Reasonable expenses of Police Board. Of Fire Department…….. Of Library Board met by taxation. EXPENSE FUND-See CURRENT EXPENSE- EXPLOSIVE MATERIAL- Power to prevent storing · • · • EXPOSITION--See INDUSTRIAL EXPOSITION— EXPOSURE-See INDECENT EXPOSURE--' EXPRESSMEN-- Authority to restrain, etc... EXPRESS REPEAL- 6 6 80 6 12 82 7 10 86 12 6 160 7 2 84 4 5 48 Necessary as to charter provision.. .. 11 5 151 EXTENDING STREETS--See STREETS- EXTENDING WATER WORKS -See WATER Works- EXTENSION-- Of city limits not to affect tenure of office Council may acquire land and buildings for water works.. Condemnation proceedings... FACTORIES- Soap, removal or abatement. • 1 4 17 9 2 104 9 21 04 4 5 45 Soap, cleansing.. 4 5 45 • • Glue, location of... FALLEN WOMEN- 4 5 53 Provision for reformation and care. 5 35 75 FALLS OF ST. ANTHONY-- Pollution of water above.. 9 16 117 FALSE WEIGHTS AND MEASURES— Use of... 4 5 48 FASTENING HORSES-- FAST DRIVING— Hitching posts and rings. Authority to prevent.. FAVORITISM— 4 5 51 4 5 46 Not to govern Police appointments.. 6 4 79 INDEX TO CITY CHARTER. 51 SUBJECT. Chap Sect. Page. FEES AND EMOLUMENTS-- Accruing to officer shall be reported to Council monthly.. 3 29 37 Shall be paid monthly into City Treasury. . . Exception in case of Sealer of Weights and Measures.. FERMENTED LIQUORS-See Liquors.— FIFTH WARD-- Boundaries of. Liquor license limits. FINANCE- Fiscal year of city.... Fiscal year, proviso for 1889 • • • City Comptroller to estimate expenses. Time for reporting estimate to Council. Statement of revenue received by city.. Comptroller to make a tax levy computation. Requirements of such computation . . Time for making same.... Comptroller to make ward estimates. Revenues from licenses, rents, fines, etc. • 3 29 37 • • 3 29 37 • D • • • Fines collected from houses of prostitution. Costs and judgments collected for city Proceeds of sales of property. City Council to levy tax, when. Current expense tax limited. • • • • • · Appropriations for year to be prior to tax levy.. 1 3 15 4 5 44 5 7 63 5 7 64 8 64 5 5 8 5 8 5 8 5 8 5 8 5 8 5 9 5 9 • • • 5 9 5 9 · City Council to make appropriation for current expenses. Limit of current expense fund...... Comptroller to make quarterly report of expenses... Comptroller to report taxes collected and outstanding. Council to reduce current expenses when in excess. May reduce expense of street lighting... May reduce force of employes except in fire department.. May reduce salaries of officers and employes..... Right to reduce to be reserved in street lighting contracts Council to make ward tax levy. Limitation of ward levy. • Interest on bonded indebtedness. Council to provide for payment of same. · • • • • • • • • • To provide a fund for payment of principal Fund not to be applied to other purpose. Not restrict investment of sinking fund.. Sinking fund for payment of bonds, etc.. Authority of Council to maintain, etc. No power to abolish nor divert fund. Excess of collections.. • • 64 64 64 ** 3** F F F F F F F F F F F F 64 64 64 64 64 64 64 64 5 10 64 5 10 65 5 10 65 5 10 5 10 65 5 11 65 5 11 65 5 11 65 5 11 65 5 11 65 5 11 65 • 5 11 55 5 12 65 5 12 65 5 13 66 5 13 66 5 13 66 5 13 66 5 13 66 5 14 66 5 14 66 5 14 66 5 14 66 52 INDEX TO CITY CHARTER. SUBJECT. Chap Sect, Page, FINANCE- CONTINUED. Increase of sinking fund.. • Sinking Fund Commissioners, their duties.. Power of Council to appoint same. Investment of sinking fund. Permanent school fund.. · Bonds not to be cancelled, when.. • Interest to be applied to sinking fund.. Payment of bonds at maturity. One mill tax omitted, when.. • • • • • • • • • • • • • • Decrease of interest and depreciation of investment.. Dereliction of Council or Sinking Fund Commissioners. Tax payers or bond owners may enforce compliance... Bond contracts to be kept inviolate... When sinking fund be insufficient. Council may issue bonds to meet deficiency Special authority required for other bonds. Council cannot create debts or liabilities without special law Council may issue bonds for permanent improvement .... Limit of such bonds... Terms and rate of interest of bonds. • • • • • 5 14 66 5 5 5 14 66 14 66 14 66 5 14 66 5 14 67 3888555555 5 14 67 5 14 67 5 14 67 5 14 67 5 14 67 5 14 67 5 14 67 5 15 67 5 15 67 5 15 67 · • • 5 15 67 5 5 16 16 68 5 16 68 5 16 68 5 16 68 5 16 68 • 5 16 68 5 16 68 • 5 16 68 5 16 68 • 5 16 68 5 16 68 5 16 68 • 5 16 68 5 16 68 • • • 5 17 68 5 17 68 • 5 17 69 5 17 69 • • Proceeds to be kept distinct.... Council may provide for payment. • • • • • Fund may be used in advance of assessment. Expense of improvement may be assessed. Expense of any improvement assessed... Expenses of bridges, water works, etc., how payable. Permanent improvement fund exclusive. Proceeds of special assessment..... • Council shall make levy for permanent improvement. May contemplate increase of fund……… Limitation of such tax levy.... • • Comptroller to notifiy Council when funds deficient. When funds insufficient to meet proposed contracts. Comptroller not to sign contracts, when.... In case of special assessments for improvement. Comptroller may sign contracts, when.. • Contract may contemplate improvements to extend over period... Perodical payments on contract. • • Comptroller not to sign orders when fund exhausted. Orders on Treasury signed in order of claims.. All taxes levied by resolution of Council.. No tax invalid by reason of informality. 5 17 69 5 17 69 5 17 69 · 5 17 69 • • 5 17 69 5 18 69 5 18 69 Not invalid because levy may exceed amount required.... 5 18. 69. INDEX TO CITY CHARTER. 53 SUBJECT. Chap Sect. Fage. FINANCE-CONTINUED. Disposition of surplus fund……… Council to make statements of tax levies. Limitation of furnishing statement.. Collection and enforcement of tax levies. County Treasurer to pay over taxes.. Interest and penalties collected. • 5 19 69 5 19 69 • • • 5 19 69 5 19 70 County Treasurer to account to City Treasurer. County Treasurer shall advance tax collections. Advances to be accounted for at settlement. City Treasurer shall apportion such funds.. County Auditor's tax statement.. • • Limitation to transmit statement to Comptroller. Statements of abatements, corrections, etc.. Taxes cancelled as uncollectable.. Statement of delinquent taxes. Delinquent taxes of prior years. • • • • • 5 20 70 5 20 70 5 20 70 5 20 70 • • 70 Orders must be signed by Mayor and Clerk and counter- • signed by Comptroller. Form of orders on City Treasury. City Council may provide for employe pay-rolls. Forms of pay-rolls.... Warrants to meet pay-rolls. Mayor may direct Treasurer to pay employes in any partic- ular place in city... Pay-rolls of Board employes.. 5 20 5 20 70 5 21 70 5 21 70 • • 5 21 70 5 21 70 • 5 21 70 5 21 71 Auditor to furnish Comptroller statement of collections.. 5 21 City orders, when issued... 71 5 22 71 5 22 5 22 5 22 5 22 5 22 FFFFF 71 71 71 71 71 • • 5 22 71 5 22 71 5 23 • 5 23 72 5 24 5 24 5 25 72 5 25 Application of banks for same. • • Interest on deposits..... 5 25 72 • 5 25 72 • Council to designate depositories.. Council to fix bonds of banks.. City Clerk shall notify bank of amount of bonds. Council to approve bonds.. Treasurer to deposit funds in banks designated. Funds distributed in banks, how.. Subject to order of Treasurer. 5 25 5 25 72 5 25 5 25 5 26 JNNNNNNNNNNNN 72 72 72 72 72 72 72 73 • • Treasurer to cancel orders when paid... Orders to be filed separately by Treasurer. • Council may examine cancelled orders and bonds. Destruction of cancelled instruments. Depositories of city funds... Qualifications of such depositories. Rate of interest on deposits.. • • Interest computed end of each month. • • · • • 5 26 73 5 26 73 5 27 73 5 27 73 54 INDEX TO CITY CHARTER. SUBJECT. Chap Sect. Page. FINANCE-CONTINUED. Computed interest placed to credit of city.. City Treasurer to take certificates of deposit, when. Rate of interest on certificates of deposit.. Limitation of amount of deposits.... Treasurer to make monthly statement of deposits. • • 5 27 73 5 27 73 5 27 73 5 27 73 5 28 73. City Clerk shall furnish copies of statement for publication 5 28 Treasurer exempt from liability, when... • When banks decline to give bonds for deposits. City Treasurer and Council Committee to negotiate with banks outside county..... Treasurer to deposit in banks outside county, when. Limitation of capital of such banks.. City Treasurer to secure interest. Treasurer to manage funds in interest of city. Treasurer shall not defer payments after due Treasurer to make annual statement..... 73 5 29 73 • 5 30 74 • 5 30 74 5 30 74 5 30 74 • • 5 31 74 5 31 74 5 31 74 • • • 5 31 74 5 31 74 5 32 74. Interest collected to be credited to various funds. Newly organized banks may receive deposits... Qualification and designation of such banks. Council may require new bonds, when. City Treasurer may withdraw deposits, when. Council may reinstate banks as depositories. Bonds to continue in force... • Council shall examine all bonds.. Council may require new bonds... • Bonds to be recorded by Comptroller. Bonds to be deposited with Treasurer. • · • 5 32 74 5 33 75 5 33 75 • 5 33 75 5 34 75 5 34 75 75 75 75 75 5 34 5 34 5 34 5 34 5 35 75 5 35 75 • ► • 5 35 75 · 5 36 76 Records and copies of bonds prima facie evidence.... Council authorized to set aside fines of keepers, etc., of. bawdy-houses. • • • • Institution for care and reformation of fallen women Building or maintaining city hospital... Orders paid from current expense account. Tax levies to meet judgment against city.. Council shall make special levy for judgments. New levy for judgment against city, when. Excess of levy paid into current expense fund. FINES- Shall be received by City Treasurer. Belong to revenue of city. May be worked out.. Revenues from... Of keepers and inmates of bawdy-houses. . Of persons resorting to houses of ill fame. D • • • • • • · • • • • 5 37 76 5 37 76 5 37 76 5 37 76 3 19 35 • 3 23 36 4 7 54 5 9 64 5 35 75 5 35 75 t INDEX TO CITY CHARTER. 55 FINES CONTINUED. SUBJECT. For refusing to obey orders at fires.. Imposed by Municipal Court Imprisonment for default.. FIRES-- • • · • Authority to compel owners of buildings to provide pro- tection..... FIRE ALARM TELEGRAPH— Council to erect and maintain. Rules for use and protection... Punishment for interference with. FIRE APPARATUS— Council may keep and maintain. Rules for use and protection.. Punishment for interference with.. FIREARMS- Authority to prevent use or exhibition... Power to prevent use of. FIRE DEPARTMENT— 7 9 86 11 9 152 11 9 152 4 5 52 • 7 3 84 7 4 84 7 4 84 7 3 84 7 4 84 • • 7 4 84 • 4 5 48 7 2 84 Force not subject to reduction. 5 11 65 Council may prescribe fire limits.. 7 1 83 • • Council may require fire-proof structures. 7 1 83 • • • • Council may prescribe precautions against fires... Council may prohibit repairing of buildings, when…. Council to prescribe manner of consent to make repairs.. 7 Council shall have power to prescribe construction of chimneys.... 7 1 83 7 1 83 • • 1 83 7 2 83 May cause same to be removed, etc. 7 2 83 May prevent deposit of ashes in streets, etc.. Council may compel use of spark arresters. Council may prevent and regulate dangerous manufacto- ries, etc... 7 2 83 7 2 83 • 7 2 84 May prevent storing of explosive materials. 7 2 84 May prevent use of firearms and fireworks. 7 2 84 ► • May provide for seizure and destruction of same. 7 2 84 • • May compel owners of buildings to provide fire escapes... May regulate the location and construction of smoke houses.. 7 2 84 7 2 84 Council may keep and maintain fire engines, etc……. Power to build engine and hose houses, etc... To erect and maintain fire alarm telegraph... To make rules for government of department.. To provide for punishment of persons injuring property.. 7 To keep idlers and suspected persons from vicinity of fire. 7 7 3 84 7 3 84 7 3 84 7 4 84 • 4 84 4 84 56 INDEX TO CITY CHARTER. SUBJECT, Chap Sect. Page. FIRE DEPARTMENT--CONTINUED. 84 7 5 85 To compel bystanders to aid in preservation of property.. 7 Shall annually appoint Chief Engineer... Shall provide for other officers and men. Rank and duties of Chief and other officers. Compensation of members of department.. 4 DO SO LO 7 5 85 • • 7 85 7 5 85 7 6 85 · • Chief Engineer to nominate other officers and men. Chief may remove members with consent of Council. Council may reduce force.. Council may designate a Fire Marshal.... Duties of Fire Marshal.. Authority to enter any dwelling house or building. Duty to examine into cause of fires... To keep record of fires and report to Council. Council may provide fire police... 7 6 85 7 6 85 7 7 85 7 7 85 77 85 7 7 85 7 7 85 • 7 8 85 Council may determine powers of same. May give full police powers to firemen .. Policemen subject to direction of officers of fire department 7 7 8 85 • • 7 8 85 8 86 Refusal of persons to obey orders. 7 9 86 Penalty for refusal. 7 9 86 Expenses of Fire Department.. 7 10 86 • Payment for buildings.... 7 10 86 Council power to prohibit wooden sidewalks. FIRE ESCAPES- Authority to compel erection. To be maintained on buildings.. FIRE LIMITS— Council may prescribe... Wooden sidewalks may be prohibited.. 7 11 86 888888 4 5 52 7 2 84 મ Number and location regulated by Council.. 7 2 84 7 1 83 7 11 86 FIRE MARSHAL- Council may designate. Shall enforce fire ordinances. Power to enter buildings to make examinations. Report cause of fires... FIRE PLACES- FIRE POLICE-- Council to prescribe manner of construction. Council may provide for...... Council to designate number and powers. FIRE PROOF STRUCTURES--- Council may require.... FIRE WOOD- To prevent obstructing public ways. Regulate selling.. 7 7 85 7 7 85 7 7 85 • • 7 7 85 7 2 83 7 8 85 7 8 85 7 1 83 4 5 46 4 5 48 INDEX TO CITY CHARTER. 57 FIREWORKS-- SUBJECT. Chap Sect. Page Authority to prevent display. Power to prevent display... FIRST WARD- Boundaries of. Liquor license limits • FISCAL YEAR OF CITY-- When to begin.. Provision for 1889... FISH-- Authority to license and regulate sale... To inspect.... FITNESS-- To govern appointments to Police force..... FLAGMEN— Authority to compel employment.... FLOOR BEAMS- Regulate size and material. 69 4 5 48 7 2 84 • · 1 3 13 4 5 43 5 7 63 5 7 64 3+3 4 5 48 1 5 50 6 4 79 4 5 46 4 5 51 Authority to inspect, condemn and destroy.... 4 5 49 4 5 51 4 5 41 10 5 127 FLOUR-- FLUES- Regulate size and material. FORCE OF LAW- Provisions of ordinances to have.... FORM-- Assessment roll-Opening street... Assessment roll-Paving.. Assessment roll-Sidewalk. • Assessment roll-Repair of sidewalk. Assessment roll-Sprinkling FOUNDATIONS- Regulate construction FOUNDRIES- Authority to designate location.. FOURTH WARD-- Boundaries of ... Liquor license limits. FUEL, LIGHT- Spark arresters to be used. • • • • • • • 10 8 132 10 10 134 10 11 134 10 12 135 4 5 51 4 5 53 1 3 14 • 4 5 44 FUNDS--See CITY FUNDS; See, also, APPORTIONMENT OF FUNDS, BOARD OF SINKING FUND COMMISSIONERS, CUR- RENT EXPENSE FUND, GENERAL FUND, LIBRARY FUnd, PERMANENT IMPROVEMENT FUND, PERMANENT IMPROV- EMENT REVOLVING FUND, SINKING FUND and FINANCE.- 7 2 83 58 INDEX TO CITY CHARTER. SUBJECT. Chap Sect. Page. GAME- Authority to license and regulate sale. To inspect and destroy.. GAMBLING— Must be restrained and prohibited... Destruction of instruments.. GALLERIES- Shooting, license of... Art, establishment of.... GARBAGE- Authority to require removal... Expense for removal to be assessed. Punishment for placing in water. GAS- • 4 5 48 4 5 50 ! • 4 5 45 4 5 45 4 5 42 12 1 156 4 5 53 4 5 53 Authority to control quality and measurement. To regulate manufacture and sale.. To provide for inspection... GAS WORKS— • Authority to contract for erection. GATES-- 9 16 117 Authority to compel construction at railway crossings.... 4 5 GAUGERS--See WEIGHERS and GAUGERS.- City Council may appoint. GEESE- At large distraint and sale GENERAL FUND—– • Appropriations for water works, when.. GENERAL AND SPECIAL ORDERS-- Police Commissioners to promulgate.... GENERAL POWERS-- Of city, to acquire and convey property Of city, to contract ... City to have perpetual succession. Of Board of Police Commissioners. Limitation of power.... • GENERAL STREET COMMISSIONER— City Council may appoint. • Shall observe instructions of City Engineer.. 4 5 52 4 5 52 4 5 52 .... 4 5 47 46 1 F 4 5 50 4 5 47 • 9 12 115 6 2 78 1 1 11 1 1 11 • 1 1 11 6 2 77 6 2 77 8 6 94 8 6 94 8 6 94 Have general charge of work of Street Commissioners.. Do all work Council may require... GIRDERS- Regulate size and material... 8 6 94 4 5 51 і INDEX TO CITY CHARTER. 59 SUBJECT. de૫૦ Sect. Page. GLUE FACTORIES- Authority to designate location.... GOOD BEHAVIOR- Bonds for... GOVERNMENT AND GOOD ORDER- Power of Council to ordain.... GRADES-See STREET GRADES- GRAIN- Inspection GRIEVANCES- Persons aggrieved by assessments. 4 5 53 4 5 54 4 5 41 · GROUNDS-See PUBLIC GROUNDS; See, also, BASE-BALL GROUNDS, HOSPITAL GROUNDS, etc.- GUARDS- For hatchways... GUNPOWDER-- 4 5 49 5 4 63 4 5 51 Authority to regulate storage, etc. • Authority to license vendor.. GUTTERS- Council may order..... Expense from permanent improvement fund, what portion Council to designate character, extent and material. Interested parties to be notified by publication.. Bids may be called for in advance. Council may fix cost.... Rules governing fixing cost... City Engineer to estimate costs... • Engineer may omit estimate of costs, when. HACKS AND HACKMEN— Authority to restrain hackmen. • Authority to regulate charges.... Authority to locate and regulate stands HARD LABOR- When punishment by imprisonment.. HATCHWAYS- Authority to regulate.... HAY- Authority to regulate sale.... • To appoint person to superintend same. To inspect.... • HEALTH-See BOARD OF HEALTH- • • · ► 4 4 LO LO 5 46 5 46 8 11 96 • 8 11 96 + 10 8 130 10 8 131 • 10 8 131 10 8 131 10 10 8 131 10 8 131 8 132 4 5 48 • • 4 5 50 4 5 51 3 23 36 • · 4 5 51 4 5 48 4 5 48 4 5 49 ++++ 监​岗​岗 ​60 INDEX TO CITY CHARTER. SUBJECT. HEALTH INSPECTORS— Council may appoint.... Police powers in enforcing health ordinances.. Shall act under direction of Health Officer. HEALTH REGULATIONS- Authority to provide for.. Actions to recover penalties, etc., how brought…... HEALTH OFFICER- 3 6 31 3 6 31 3 6 32 4 5 50 11 7 152 Council shall elect. 3 6 31 Qualifications ………. 3 6 31 Shall be executive officer of Board of Health. 3 6 31 Shall enforce laws and ordinances pertaining to health regulations...... 3 6 31 To direct Street Commissioners. 8 6 93 HEARTHS- Council to prescribe manner of construction. . 7 2 83 ì HEATING APPARATUS- Regulate size and material. 4 5 51 HEAVY TRAFFIC- Authority to designate streets upon which it may be conducted... HEIGHT OF BUILDINGS—- Regulations. HENNEPIN COUNTY JAIL- May be used as work house of the city... Imprisonment in, allowed when.... HIDES-See STOREHOUSES— 4 5 52 4 5 51 4 7 54 11 9 152 • · • HIGHWAYS-See STREETS— HITCHING HORSES- Authority to compel persons to hitch horses in streets.... 4 5 46 HITCHING POSTS AND RINGS — Authority to provide and regulate.... HOGS-- May be prohibited from running at large.. HORSES-- Authority to compel owners to hitch in streets.. To prevent running at large... HOME FOR NEWSBOYS AND BOOTBLACKS- Money to be appropriated for... HOSPITALS— 4 5 51 • 4 5 47 4 5 46 4 5 47 4 5 42 Authority to provide.... Authority to provide grounds. • • • 4 5 47 стот 4 5 47 INDEX TO CITY CHARTER. 61 SUBJECT. HOUSES, DISORDERLY-See DISORDERLY HOUSES; See, also, DYE-HOUSES, HOSE HOUSES, ENGINE HOUSES, PUBLIC HOUSES, PUMP-HOUSES, WORK-HOUSES, SLAUGH- TER HOUSES, RENDERING HOUSES, POWDER HOUSES, NUMBERING OF HOUSES, etc.- HOUSES OF ILL-FAME- Jurisdiction and authority of Municipal Court. Authority to suppress. Revenue from.. Appropriation of fines of keepers and inmates. Fines from persons resorting to...... HYDRANTS— Authority to establish, etc.. Cost from Water Works fund Punishment for interfering with. Excavations for... ICE AND SNOW— Removal of... IDLERS- May be kept from vicinity of fires.... ILLEGAL LIQUOR SELLING-See LIQUORS— Penalties... • IMPROVEMENTS-See CITY IMPROVEMENTS; See, also, PUB- LIC IMPROVEMENTS, PERMANENT IMPROVEMENTS, STREET IMPROVEMENTS, etc.—- IMPRISONMENT-See PENALTIES- Power of Municipal Court.... For refusing to obey orders at fires For default in payment of fines. Pending trials • • · City not liable for board, etc., of prisoners, when. City not liable for jail fees, when. INAUGURATION- Police Board.. INDEBTEDNESS-See Bonded IndebTEDNESS— INDUSTRIAL EXPOSITION Authority to convey lands to..... Description of lands... Land to revert in case of default • Realty not exempt from special assessment. Appropriation to perfect title...... Chap Sect. Page 3 23 36 4 5 45 5 9 64 5 35 75 5 35 75 4 5 47 9 13 115 9 16 117 9 5 108 4 5 48 7 4 84 4 5 45 3 23 36 79 11 9 152 86 • 11 9 152 11 10 152 INFECTIOUS DISEASES-See CONTAGIOUS DISEASES— 11 10 152 6 10 81 4 14 57 4 14 57 4 14 58 4 14 58 4 14 58 62 INDEX TO CITY CHARTER. SUBJECT. Chap Sect. Page INFLAMMABLE MATERIALS- Power to prevent storing. INFORMALITY- No tax levy invalid by reason of... INHABITANTS- Not incompetent as jurors, witnesses, etc.. INSPECTORS-See HEALTH INSPECTORS-- • D • • May be authorized by Council to retain fees.. Authority to appoint, regulate and compensate Of buildings, authority to appoint.. INSUFFICIENCY OF STREETS AND SIDEWALKS- Notice of action to recover damages... INTAKE PIPE- Punishment for interfering with... Procedure in acquiring right to lay INTELLIGENCE OFFICES- May be licensed.. INTEMPERANCE- • • • Council may ordain the suppression. INTEREST- On bonded indebtedness. To be applied to sinking fund. • 1 • 7 2 84 5 18 69 11 4 151 3 29 38 ∞ + ∞ 4 59 50 8 2 88 8 20 100 9 16 117 10 1 119 4 5 42 4 5 41 5 13 66 5 14 67 • • • D 5 14 67 • 5 20 70 • 5 20 70 5 22 71 • • • Decrease of interest and depreciation of investment.. Paid by bankers on funds deposited. On taxes and assessments.. Payment of interest on bonds. Banks to pay interest on city deposits. Rate on deposits of city funds.... Computation and disposition of same. Rate on three months, or longer deposits.. Treasurer to secure interest on public funds Treasurer to make annual statement.. To be placed to credit of certain funds. On city bonds.. INTERESTED PARTY- Competency as judge, witness or juror. INTERNAL IMPROVEMENT FUND- • • 73 5 25 72 5 27 5 27 73 5 27 73 5 31 74 • 5 31 74 5 31 74 Cost of laying sewers in excess of assessments. JAIL OR BOARD FEES - Responsibility of city... JOBS AND CONTRACTS-See WORK- City officers not to be interested. Such contracts null and void. Amounts paid recoverable.. · • · 10 29 147 11 4 151 9 4 106 11 10 152 3 25 36 · • • • • • • 4 • 3 25 37 3 25 37 INDEX TO CITY CHARTER. 63 SUBJECT. JOB PRINTING-- Council shall invite proposals. Form of proposals.... JOHNSON, E. M.— Library Director, first board…….. JUDGES OF ELECTION— Shall keep ballot boxes... Alderman ex-officio Judge except when candidate. Council to appoint full board.. Chap Sect. Page 11 15 154 • 11 15 154 .. 12 11 162 2 5 24 • 2 6 25 2 6 25 2 7 25 2 8 25 • 12 3 158 4 • 444 4 7 55 6 54 7 54 Of last previous election to serve at special elections... Shall make returns to City Clerk.... Shall return votes cast for Library Directors. JUDGES OF MUNICIPAL COURT— May commit vagrants... May sentence offenders to be fed on bread and water.. May sentence offenders to work-house.. JUDGE, SPECIAL-See MUNICIPAL COURT- Power of Justice of the Peace. JUDICIAL NOTICE- • • Shall be taken by Municipal Court of ordinances.. JUNK SHOPS AND SECOND HAND DEALERS- May be licensed by City Council.... JURISDICTION- Board of Park Commissioners. JUROR OR WITNESS- Inhabitant not incompetent.. JURY DUTY— Officers and employes exempt. JUSTICE OF THE PEACE- Municipal Court to have jurisdiction... JUDGMENTS— Revenue from. How remitted.. JUDGMENTS AGAINST CITY- Levying of taxes to pay. Time of making levy. • • New levy to be made, when... Disposition of taxes collected in excess. KEEP PEACE- Bonds to.. KEEPERS OF INTELLIGENCE OFFICES, ETC.— License and regulations. • • • • 3 23 36 4 10 56 : 4 5 42 6 9 81 11 4 151 • • 3 28 37 3 23 35 5 9 64 11 11 153 5 37 76 5 37 76 5 37 76 • 5 27 76 4 6 54 4 5 42 64 INDEX TO CITY CHARTER. SUBJECT. KEEPING DOGS- License KOON, M. B.- Library Director, first board.. LABOR, HARD— Offenders may be sentenced to. LADDERS AND STAIRS- To scuttles in roof.. • LANDS-See REAL ESTATE; See, also PUBLIC LANDS, RE- APPRAISEMENT OF LANDS, PROPERTY, etc.-- LAMPS- Authority to errect, etc. LAMP DISTRICTS: Authority to create, alter and extend... LATH- Regulate piling..... LAWS- Ordinances to have force of. Duty of Police Board to enforce. LAW SUITS-See ACTIONS; See, also, Courts, JUDGMENTS, NOTICES, TRIALS, etc. How commenced against city. Process, how served.. How brought by city.. • LAYING OUT STREETS-See STREETS— LEGAL MEETINGS-See MEETINGS— LEVEE- Lower levee, liquor license limits LEVYING OF TAXES-See TAX LEVY- No restriction of charter to prohibit.. LIABILITY— Treasurer exempt, when... LIBRARY BOARD— To be elected biennially. Extension of term of office. • Election in 1888... 4 5 47 12 11 162 3 23 36 7 2 84 4 5 47 4 5 47 4 5 53 4 5 41 6 5 80 • 11 6 151 11 6 151 11 7 152 4 5 44 • 5 37 76 5 29 73 2 2 20 2 2 22 2 2 22 3 12 33 3 13 33 3 18 34 3 19 35 • 12 1 156 Accounts to be kept by Comptroller... Evidence of indebtedness shall be countersigned by Comptroller • • All claims shall be audited by Comptroller... City Treasurer shall be ex-officio Treasurer of. Board created and established.. • • : INDEX TO CITY CHARTER. 65 SUBJECT. LIBRARY BOARD-CONtinued. General powers. Detailed powers • · Rules and regulations. May hire or erect and maintain buildings. May appoint agents and employes... Fix compensation of employes • Control of expenditures of moneys Power to carry out spirit and intent of act Composition of Board.... Ex officio and elective members. · Election in 1886 .. Subsequent elections Vacancies how filled... • Chap Sect. Page. 12 1 156 12 • • 1 156 • • 12 • 1 156 12 1 157 12 1 157 • 12 1 157 · 12 1 157 12 1 157 12 2 • • 157 D 12 2 157 12 2 157 12 2 157 12 • • 2 157 12 12 22 3 157 3 158 12 3 158 12 4 158 • • • • • 12 4 158 12 4 158 • • 12 4 158 • · 4 • • • • • 12 5 158 12 5 159 12 5 159 1 12 5 159 • • • 12 5 159 · • • 12 5 159 12 5 159 12 5 159 12 5 159 • • • • 12 Library Directors, how elected • Judges of Election shall make returns. City Council shall canvass the vote. Director shall take oath of office. Officers of the Board.... Bonds of Secretary and Treasurer. Bonds to be filed with Comptroller. Duties of President. • Duties of the Secretary Orders on Treasurer Miscellaneous duties of Secretary Duties of Comptroller..... Bonds and indebtedness of Board.. Comptroller to audit claims.. Duties of Treasurer Funds of Board, how deposited Funds of Board, how recovered Treasurer's exemption from liability Orders not to be signed, when... Bonds, when to be made payable Authority to make tax levy Return of tax levy Limitation of tax levy Collection of tax.. D · • Tax levy, when Board fails to return Duty of County Auditor... • • Purchase or sale of real estate. Conveyances, how executed. Votes to by yeas and nays. Donors may vest title in Board. Board special trustees of property + • • • • • • • • • • • • • • • • 5 159 12 5 160 22 12 5 160 12 5 160 12 6 160 12 6 160 12 6 160 • 12 6 160 12 6 161 • 12 6 161 12 7 161 12 7 161 12 7 161 12 7 161 12 7 161 66 INDEX TO CITY CHARTER. ! SUBJECT. LIBRARY BOARD--CONTINUED Vote of six for purchase of lands Vote of five to sell and convey. Annual meeting of Board.. Vacancies filled, when.. • • Regular and special meetings. Chance meetings legalized.. • • • Chap • • • • • 12 Board may associate with kindred societies. Libraries, etc., to be forever free.. First Board of Directors. Elective Members designated. Temporary organization.. LIBRARY FUND- • • • • Sect. Page 12 7 161 12 7 161 222 22 8 161 12 8 161 8 162 12 8 162 12 9 162 12 10 162 12 11 162 12 11 162 • • • • • • • • 12 11 63 12 1 157 12 5 159 • Fund to be expended by Library Board…... Deposited in banks, how. LICENSES- Not be granted for liquor in certain territory. Council power to license shows, etc.. Termination of licenses.. Construction of power to regulate. Pawnbrokers, junk shops, etc., to keep records. Daily reports to police of goods bought... Names, etc., of persons from whom bought. Records of employment agencies.. Home for newsboys-special proviso. Liquor license limits.. · · • • Correction North Minneapolis liquor license limits.. Sale of liquor confined to certain territory. Exception as to druggists... Penalties for illegal liquor selling. • • 1 4 4 4 4 4 5 4 61 1O 1O LO LO LO LO 2 13 5 41 5 42 42 42 i 42 42 4 5 42 D 4 5 42 4 4 5 D • 4 4 4 5 • • 4 4 5 4 5 4 LO LO LO LO LO LO LO LO LO 5 43 44 5 45 5 45 45 5 45 46 47 5 48 • • • • • 4 5 53 4 5 53 4 16 59 • 4 16 59 • 5 9 64 9 14 116 Arrest and punishment... Vendors of gunpowder, etc.. License of dogs.. • Butchers, vendors of game and fish. Peddlers.... Carrying concealed weapons. • May be revoked by Mayor or Council... Shall be revoked, when. Revenues from licenses.. • • Plumber's license revoked, when,. LICENSE MONEY- • Shall be received by City Treasurer. LIGHTING-See STREET LIGHTING— • 3 19 35 Authority to provide same for public grounds, streets, etc. 4 5 47 INDEX TO CITY CHARTER. 67 SUBJECT. LIGHT FUEL- Spark arresters to be used.. LIME- Council may regulate manner of measuring.. LIMITS- City... Liquor license. • Building.. • lute) Sect. Page. 7 2 83 4 5 48 1 2 11 4 5 44 4 5 51 7 1 83 · • • Fire..... • • LIQUOR See WHISKY AND LIQUOR; See, also, SALE OF LIQUOR- LIQUOR DEALERS-- Council may license. LIQUOR LICENSES- Not to be issued for certain territory License limits or boundaries.... · .... 4 5 42 4 5 43 4 5 43 . 6 2 77 LO LO LO LO LO 44444 4 5 46 5 46 5 46 5 46 4 5 46 LOCAL IMPROVEMENTS-See PERMANENT IMPROVEMENTS—— LOCK-UPS— Under control of Police Board.…….. LOCOMOTIVES-- Authority to regulate speed. Authority to designate kind of coal to be used. Authority to regulate or prohibit whistling.. To prevent unnecessary escape of steam. To require use of certain safety-valves. LOTS-See SUBDIVISION OF LOTS-- LOW PLACES- To be drained…….. LOWRY, THOMAS- • • • • • Library Director, first Board.... LUMBER— 4 5 48 12 11 162 4 5 46 To prevent obstructing streets, sidewalks, etc... LUMBER PILES-- Authority to designate location and control piling..... 4 5 53 MAINS-See WATER MAINS--- MAJORITY VOTE- Required of Council to make appropriation.. MALE OFFENDERS- Work on public improvements.. MALT LIQUOR-See LIQUOR— Sale forbidden, where. 4 11 56 4 7 54 1 2 13 68 INDEX TO CITY CHARTER. SUBJECT. MALFEASANCE- Cause for removal of Police Commissioner.. MANDAMUS- May be brought against officers by Mayor, when. City need not give bonds in MANUFACTORIES- Dangerous in causing fire, to be regulated MANURE- Removal of.... MARKET MASTERS-- May be authorized by Council to retain fees.. MARKETS- Authority to direct location and management.. Authority to establish, and regulate.... To restrain persons from interrupting or interfering. Manner of acquiring lands for.... MARSHAL-See FIRE MARSHAL MARSHES-- kell) Sect. Page. 6 11 82 3 1 29 3 5 31 7 2 84 4 5 53 3 29 38 4 5 46 4 5 48 4 5 48 10 1 119 Council may effect system of drainage. Sewers and covered drains. Cost to be assessed... • • 9 6 109 9 6 109 • • • • 9 6 109 Drainage may be completed at once or in different years. 9 MATERIALS- Combustible To be used in chimneys.. Explosive and inflammable. · • Street Commissioners not to furnish.. Forfeited if Commissioners be interested... MAYOR- Shall continue in office.. • 6 110 4 5 46 7 2 83 7 2 84 8 7 94 8 8 94 • • Special provision relative to term · * · · • General election in 1888. To be elected biennially Shall care that laws and ordinances are enforced. • Care that all officials discharge their duties.. May maintain action against officer, when Shall give Council information and recommendation Approval of ordinances Duty in case of veto .. • • • Shall sign all city contracts Salary.. Exempt from jury duty.. • May call special sessions of Council. • 1 1 22 23 ∞ ∞ co ∞ ∞ ∞ ∞ M + 1 4 17 2 2 21 2 2 21 2 2 22 3 1 29 3 1 29 3 1 29 3 1 29 3 1 29 3 1 29 3 1 29. 3 27 37 3 28 4 2 0 + INDEX TO CITY CHARTER. 69 A SUBJECT. MAYOR--CONTINUED-- May revoke licenses May direct Treasurer where to pay city employes To sign pay-rolls.... 4 16 59 5 22 71 To appoint members of Board. 5 22 71 President and ex-officio member of Police Board Ex-officio member and President of Board of Water Com- 6 3 78 • missioners. 9 7 110 9 7 110 • 9 10 113 10 3 121 • 11 6 151 • • • • 10 29 147 • 12 2 157 • To call special meetings of Water Board, how May appoint to fill vacancy in Commission to appraise damages Duty to inform Council of action against city. To approve proceedings for sale of bonds. Member ex-officio of Library Board MEASURES--See WEIGHTS and MEASURES MEAT- Authority to license and regulate sale. To inspect, condemn and destroy.. MECHANICAL PURPOSES - Sale of liquor.. MEDICINE- To be furnished poor…….. MEDICINAL PURPOSES- Sale of liquor.. MEETINGS -See SPECIAL MEETINGS, etc-- Of City Council…….. Mayor may call special meetings, how. In case less than quorum present. Defination and style of meetings. Of Board of Equalization.. Same Board of Police Commissioners. Rules governing same... Of Board of Water Commissioners. Special meetings of Notice of meetings. Of Library Board. • Special meetings, how called.. Meetings legalized. MENAGERIES— License and regulation…... MENDICANTS AND BEGGARS— Authority to restrain and punish.. · • • • • • • • • • • • • 44 4 5 48 4 5 49 4 5 43 3 8 32 4 4 4 5 43 N ON OM + 2 40 40 4 2 4 • • 4 2 40 5 3 62 5 4 62 6 7 80 6 7 89 • 9 10 113 • 9 10 113 9 10 113 12 8 162 12 8 162 • • • • • 12 8 162 4 5 41 4 5 50 + 70 INDEX TO CITY CHARTER. MILK- SUBJECT. Chap Sect, Page, Inspection... MINNEAPOLIS-See CITY OF MINNEAPOLIS-- MINNEAPOLIS INDUSTRIAL EXPOSITION-- Conveyance of real estate to. To revert in case of default. Exemption from tax………. Not from special assessment. MISDEMEANOR-- • • Culpable neglect of duty of officers. Conversion of city property. • Shall forever disqualify officer. • • Cause for removal of Police Commissioner.. MISSISSIPPI RIVER- 4 5 50 4 14 4 14 པ 57 58 4 14 58 4 14 56 2 11 27 2 11 27 2 11 27 6 11 82 5 49 4 5 49 4 5 49 • • • 10 1 119 Authority to construct and regulate piers and wharfs... To regulate landings, wharfages, etc...... To quarantine boats.... Cribs... MOB OR RIOT- • • • Authority to prevent . . MONEYS-See CITY FUNDS-- Of school districts belong to city. Revenue from license money. Title of donations vested in Library Board. MORTALITY-- Authority for providing returns and burials... MULES-- At large, distraint and sale... MUNICIPAL CORPORATION-- The City of Minneapolis.. MUNICIPAL COURT-See JUDGES and CLERKS~~ Exclusive cognizance and jurisdiction... Infractions of ordinances, etc. Trials and examinations... • • All fines imposed shall be a part of revenue of city. Power to imprison in workhouse.. Power of Judges.... · • Shall take judicial notice of ordinances. Jurisdiction in water works offenses.. • ► Process for violations, in name of State, etc.. Penalty or fine. Imprisonment for default.. • • Imprisonment pending trial... • • · · • • • • 4 10 10 LO1 4 5 45 1 2 12 5 9 64 12 7 161 4 5 47· + 4 5 47 1 1 11 • • • 3 23 35 3 23 35 3 23 35 3 23 35 3 23 36 3 23 36 4 10 56 9 16 117 11 8 152 11 9 152 11 9 152 11 9 152 Power to grant new trial, reverse judgment, or suspend ex- ecution... 11 11 153 INDEX TO CITY CHARTER. 71 SUBJECT. Chip Sect. Page. MUNICIPAL JUDGES-- Names part of city ticket.. MUSEUMS-- Power of Library Board to establish and maintain.. Under charge of Library Board, forever free.. Subject to rules and regulations.. MUTTON Inspection • NATURAL STREAMS--See BRIDGES-- NAUSEOUS PLACES-- To be cleansed.. NEGLECT OF DUTY-- Cause for removal of officer………. NEW BOARD OF COMMISSIONERS ON AWARDS-- Council may appoint... To hear further evidence. To correct revise and alter awards.. To report revised award to Council... 2 5 25 12 1 156 • 12 10 162 12 10 162 • 4 5 49 4 5 45 4 4 41 10 10 3 122 10 3 122 10 3 122 10 3 122 May be again appointed, when.... 10 5 127 • To hear further evidence from interested persons. 10 5 127 • NEW POLICE FORCE- To report to Council... Board shall appoint and organize.. NEWSBOYS-- May be licensed 10 5 127 6 10 81 4 5 41 Home for.... 4 5 42 NEW TAX LEVY- When made.... NEW TRIAL AND REVERSIONS-- Municipal Court.. NICOLLET ISLAND-- Liquor license limits.... NINE-PIN ALLEYS-- License and regulation.... NINTH WARD- Boundaries.. NOISES- Authority to prevent. 5 37 76 11 11 153 4 5 43 • 4 5 42 1 3 17 4 5 45 NORTH MINNEAPOLIS- Correction of liquor license limits 4 5 44 NOTES--See PROMISSORY NOTES-- Notes to Charter Amendments. 4 5 165 72 INDEX TO CITY CHARTER. SUBJECT. Chap Sect. Page. NOTICE OF ASSESSMENT--See ASSESSMENTS NOTICE FOR DAMAGES - Property owners to file with City Clerk. Description and value of property. Form of notice.. · • • • • • 8 2 88 8 2 88 ∞ ∞ ∞ ∞ 8 2 88 To be accompanied by certificate of Building Inspector... 8 2 NOTICES OF ELECTION- Form.... No defect to invalidate election. • • Time of, to fill vacancy, when within ten days of a general election.. • Shall be given by City Clerk. • • • • • NOTICE, JUDICIAL-See JUDICIAL NOTICE— NOTICE TO PROPERTY OWNERS-- • • • • • To be published in case of assessments and awards..... NOTICE OF SPECIAL MEETINGS-- Of Council, to be delivered to Aldermen NOTICE OF TRIAL-- Shall be given officer.... NOTORIOUS DRUNKENNESS--- Arrest and punishment. NUISANCES-- Authority to remove and abate.... To provide punishment for maintaining + • • Authority to declare emission of dense smoke a nuisance To provide summary abatement and penalties ..... Council provision for abatement not to bar legal action... NUMBERING HOUSES-- Authority to regulate and compel owners to number... OATHS- Clerk shall have power to administer • Police Commissioners may administer to witnesses. OATH OF OFFICE- Persons elected shall take.. Shall be filed with City Clerk Of Deputy Comptroller... Of Police Commissioners. Of Commissioners of Award. Of Library Directors To be filed with City Clerk.. OBSCENITY-- Authority to prevent.. To provide for arrests. • 61 61 88 2 2 20 2 2 20 2 2 21 2 8 25 67 67 8 2 91 4 2 40 4 4 41 4 5 48 20 LO 4 5 50 4 5 50 • • 4 5 54 4 5 54 4 12 56 4 5 52 3 3 30 6 5 80 2 10 26 • • 2 10 26 3 31 38 6 4 79 10 3 121 • • • • 4 158 12 4 158 4 5 48 4 5 48 • • • • 12 · INDEX TO CITY CHARTER. 73 SUBJECT. Chap Sect. Page OBSTRUCTIONS-- Authority to prevent in streets. Same on sidewalks.. Liability of persons for • City entitled to execution, when • • • • Railway companies not to pile up snow Liability for damages.. Offal, removal of ► • OFFENSES-See ARRESTS, PENALTIES, etc.-- No warrant necessary, when.. Process in name of State.. Fines imposed by Municipal Court. Imprisonment for default... Same pending trial.... • 55 4 5 46 4 46 8 18 99 8 18 99 8 21 100 8 21 100 53 10 4 5 11 8 150 11 8 152 • 11 9 152 11 9 152 • • • • 11 9 152 City not liable for board, etc., of prisoners, when.. City not liable for fees, when.. OFFICERS, APPOINTIVE-See APPOINTIVE OFFICERS— OFFICERS--See CITY OFFICERS- To serve until expiration of term... Alderman sixth ward, special provision. Aldermen elected in 1887. Fraudulent practices. • Guilty of misdemeanor, forfeit office Forever desqualified for same. 11 10 152 11 10 153 1 4 17 1 4 18 1 4 18 • 2 1 27 2 11 27 2 11 27 2 11 27 3 31 38 • • • • • · 4 4 41 4 4 41 4 4 41 4 4 41 • • • 5 1 61 5 1 61 5 1 61 + · • • • • Liable to suit of any citizen, when.. Duty and powers of Deputy Comptroller. Council has power to remove.... Elected officers removed for cause only. Continued absence, cause for removal. Neglect of duty, cause for removal. Assessors, how appointed... Deputy Assessor, same. Assessor's Clerks, same. • Vacancies, same, how filled. • - Board of Equalization to appoint Clerks.. Shall not dispose of or convert city property. Of Library Board... Of Library Board, annual election. Vacancies filled, when.... • · · + • • • OFFICES--See EMPLOYMENT OFFICES-- OFFICE VACANT-See VACANCIES and REMOVAL- • 5 1 61 5 4 63 11 12 153 12 4 158 12 8 161 12 8 161 Officer removing from city or ward from which elected... 2 26 When officer neglects to qualify and enter upon duties... 2 9 26 .. 74 INDEX TO CITY CHARTER. SUBJECT. OFFICIAL ADVERTISING-- Council shall invite proposals for. Manner of inviting proposals.. Qualifications of official paper. Style of proposals to be received. Contract, how awarded……. Discretion of City Council... In case two bids are the same. Maximum price. Rejection of bids. Term of contract. • Affidavit of publication OFFICIAL PAPER-- How designated.. OFTEDAL, SVEN-- Library Director, first Board.. • • ■ • • OIL TANKS- Authority to designate location... • • • • • · • Chap Sect. Page. 11 13 153 11 13 153 11 13 153 11 13 153 11 13 153 11 13 153 11 13 154 11 13 154 11 13 154 11 13 154 11 14 154 11 13 153 1 12 11 162 4 5 53 ORDERS--See GOVERNMENT AND GOOD ORDER; See, also, GEN- ERAL AND SPECIAL ORDERS, and REFUSAL TO OBEY ORDERs-- ORDERS ON TREASURER-- Drawn and signed by Clerk.. Countersigned by Comptroller • • Signed in order in which claim is allowed. Order of same.... Cancelled and filed when paid. • • • Orders to be kept separately. Council to examine cancelled orders.. Of Library Board, how drawn and paid. Secretary of Library Board shall not sign, when ORDINANCES-- Shall be presented to Mayor before taking effect. If he approves, Mayor shall sign In case Mayor vetoes.. • • If Mayor neglects to return to Council. Council full power to make... 3 3 30 3 13 33 5 17 69 5 22 71 • 5 23 72 5 23 72 • 5 24 72 12 • 5 159 12 5 160 3 1 29 • 3 1 29 3 1 29 3 1 29 4 4 5 41. Power to enforce, amend or repeal 4 5 • 41 To have, force of law 4 5 41 Not to be repugnant to Statutes.. 4 5 41 Authority to enact for punishment of persons maintain- ing nuisances... 4 5 54 To impose punishment for breach of ordinance 4 5 54 · • Style of ordinances • 4 8 55 INDEX TO CITY CHARTER. 75 ORDINANCES--CONTINUED- - SUBJECT. Subject to be expressed in title. Only one subject touched in one ordinance. How passed by City Council. Shall be recorded and published. • • Copy of records prima facie evidence. Municipal Court shall take judicial notice. Duty of Police Board to enforce.. 4 8 55 4 55 4 8 55 · D 4 9 55 4 10 56 4 10 56 6 5 80 11 1 150 11 2 151 11 2 151 · • 11 2 151 11 3 151 • • 11 3 151 • • · 11 9 152 · Of former cities remain in force, when. Publication authorized. • • Prima facie evidence, when. Certificate of City Clerk... Council may provide for compilation. Distribution and sale of publication. Imprisonment for default of payment of fines OVENS--See STOVES, PIPES, etc.- OWNERS - See PROPERTY OWNERS, BOND OWNERS, CEMETERY OWNERS, etc. OWNER OR OCCUPANT— In default of removing snow, ice, rubbish, etc. PAPERS AND TRANSCRIPTS-- Certified copies.... Production of papers. PARADES--See PUBLIC CELEBRATIONS-- PARK BOARD-See BOARD OF PARK COMMISSIONERS-- Payment of employes.. PARK POLICE-- Police Commissioners no authority.. PARTIES-- May be restrained and regulated.. PARTY WALLS- Regulate construction. PAWNBROKERS, ETC- May be licensed.... To keep public record. PAVEMENTS-- • • • 4 5 48 3 3 30 4 4 41 5 22 71 6 9 81 4 5 48 4 5 51 4 5 41 4 5 41 42 8 1 88 Council may provide for... Council may order..... Council to designate character, extent and materials…….. City Engineer to estimate cost Interested parties to be notified by publication. 8 11 96 • Expense from permanent improvement fund, what portion 8 11 96 10 8 130 • 10 8 131 · 10 8 131 76 INDEX TO CITY CHARTER. SUBJECT. PAVEMENTS-CONTINUED- Bids may be called for in advance. Council may fix cost... Engineer may omit estimate of cost, when PAVING-- No assessment made for railway tracks. PAY ROLLS-- How to be prepared.... Subject to order of Council.. To be audited by Comptroller. How paid and receipted.... To be deposited with Comptroller. · City Boards.... Mayor may direct place of payment on. · · · U 10 8 131 10 8 131 10 8 132 8 11 96 5 22 71 5 22 71 • 5 22 71 • 5 22 71 5 22 71 • • • 5 22 71 • 5 22 71 Signed by Mayor and Clerk, countersigned by Comptroller 5 22 71 For Board employes... PEACE- Bonds to keep .. • • Preservation of. PEDDLERS- Authority to license and regulate... PENALTIES Council may enforce upon violators of ordinances. For illicit liquor selling.... Authority to punish owners of animals... Authority to prescribe in case of nuisances. • Authority in case of breach of ordinance.. County Treasurer to pay over tax penalties.. For refusing to obey orders at fires. Of Street Commissioners, when.. For violating water works provisions In case Commissioner fails to act. Recovery of penalty.... Failure of Commissioners to Award, to attend. Actions to recover, how brought.. How remitted.... PERMANENT IMPROVEMENTS— Council authorized to issue bonds. Limitation of same. • Disposition of proceeds. • • Council authorized to make expenditures. Assessments on property benefitted.. • Fund may be used in advance of assessment. • 5 22 71 4 6 54 6 5 80 4 5 48 4 444 + 5 41 4 5 45 5 47 4 5 54 4 5 54 5 20 70 • • 7 9 86 • 8 8 94 9 16 117 · 10 3 121 • 10 3 121 10 5 124 11 7 152 • • 11 11 153 5 16 68 • • • 5 16 • • 888 68 5 16 68 5 16 68 5 16 68 888888 5 16 68 INDEX TO CITY CHARTER. 77 SUBJECT. PERMANENT IMPROVEMENTS-CONTINUED, City's portion of expenses paid from fund.. Expense of building bridges. Expenses of water works.. Expense of public buildings. • Not specially provided for by law. Tax levy for permanent improvement Report on file for inspection... Council to consider report.. Interested persons to be heard.. · Council to cause plat and survey to be made. Interested persons to be heard. Commissioners shall view premises. 5 16 68 5 16 68 5 16 68 5 16 68 5 16 68 5 16 68 10 2 120 10 2 120 • • 10 2 120 10 2 120 • 10 3 121 10 3 121 • • • Council to act on award. • Appraisement and award……… Commission to report to Council. May confirm or annul.. 10 3 121 • 10 3 121 10 3 122 10 3 122 • · • May refer back or to a new Board of Commissioners. Commission to report revised appraisement.... Award final, when.... Condemnation sufficient, when.. 10 3 122 · 10 3 122 10 3 122 10 4 122 Price to be paid from permanent improvement fund…… Proceedings abandoned, when. 10 4 122 10 4 122 10 4 122 • • • • • • • · 10 4 122 10 4 123 • 10 4 123 • 10 4 123 10 4 123 • • 10 4 123 10 5 123 10 5 123 D • 10 5 123 10 5 12i O Owners to furnish abstract of title. In case of neglect to furnish abstract. Council may require bond from claimant. Conditions of bond.... Award to be deposited in court, when. Claimants to establish their rights.. Title to be vested in city... Street improvements.. Diverting water courses. City Engineer to prepare a plat. Nature of plat and survey. • Engineer to furnish estimate, when. Council may amend plat.... Adopted plat to be filed with Clerk. Effect of adoption.... Plat to show land in detail. Commissioners to award... Duties of Commissioners. Quorum and vacancies. • • • • • Failure of Commissioner to attend... Commissioners to give notice of meeting. Nature of such notice... • • • • • 10 5 124 10 5 124 10 5 124 10 5 124 10 5 124 10 5 124 10 5 124 10 5 124 10 5 124 10 5 124 • 10 5 124 78 INDEX TO CITY CHARTER. SUBJECT. PERMANENT IMPROVEMENTS---CONTINUED. Meeting and adjournment. City Engineer to advise Commission. Appraisement and award. Benefits to offset damages. Assessment of damages.. • Commission to report to Council. When total cost exceeds benefits. • • Commission to report an assessment list... Nature of assessment list... City Clerk to give notice of action. Lands taken, how distributed. Lands assessed, how described.. Council to act on report.. To hear complaints May refer to committee. • • New Commission, when. Hearing of further evidence. Report revised appraisement... Council may accept or annul. Confirmation final...... Assessment to be levied Form of assessment roll.. • • • • • • • • • • • • Chap Sect. Page 10 5 124 10 5 125 10 5 125 10 5 125 • 10 5 125 10 5 126 10 5 126 • 10 5 126 10 5 126 • • • • • • · 10 5 126 • 10 5 126 10 5 127 10 • • 5 127 • • 10 5 127 10 5 127 • 10 5 127 10 5 127 10 5 127 10 5 127 • 10 5 127 10 5 127 • 10 5 127 • • • • • • • 10 6 128 10 6 128 10 6 128 • ► • 10 6 128 • • · • • 10 6 128 10 6 129 10 6 129 • · • • • 10 6 129 10 6 129 10 6 129 • · • 10 6 129 10 6 129 • • 10 6 129 Persons interested in property to be taken. Objections to confirmation... Manner and form of objections. • • Right to appeal to District Court.. Bond in case of appeal... Transcript of awards. To be transmitted to Clerk of District Court. Not to be duplicated, when... No pleading in case of appeal.. • Court to determine regularity and jurisdiction Case to have precedence.. No appeal from judgment of Court.. Court shall order re-appraisal, when. Parties to be heard..... Commissioners to be sworn. Provisions to govern Commissioners.. Commissioners to report to Court.. Award final, when... Order of Court final. · Compensation of Commissioners. Court may order double costs, when. • • Council may abandon proceedings, when. • • • • • • • 10 6 129 10 6 129 10 6 129 10 6 130 10 6 130 10 6 130 10 6 130 10 6 130 10 7 130 t INDEX TO CITY CHARTER. 79 SUBJECT. PERMANENT IMPROVEMENTS--CONTINUED-~ Limitation of action to abandon.. 10 7 130 Pavements, water mains, etc ... 10 8 130 Council to designate extent and character of improve- ments.... 10 8 130 City Engineer to estimate the cost.. 10 8 131 Rules governing estimate.. 10 8 • 131 List of lots and lands.. Names of owners.. Notice to interested parties.. Report to lie over. Bids may be called for in advance. Council may act on report... Interested parties to be heard.. Council may fix cost of improvement. Cost of improvement, how ascertained. Council may assess and levy . . Assessment roll to be adopted... Form of assessment roll Estimate of cost omitted, when.. · D In case of assessment by front foot. Discretion as to corner lots.... Assessment paid for laying mains, etc Decision of Council final..... Failure not to invalidate proceedings. Neglect to build sidewalks.. City Engineer to estimate cost... Assessment and levy for sidewalks. Assessment roll for same. Form of assessment roll. Repairs of sidewalks... • • Form of assessment roll.. • • Cancellation of assessments. County Auditor to note cancellation.. • Engineer's certificate of construction sufficient. County Treasurer to receive certificate, when. In lieu of money for assessments.... Division of special assessments. • • • 10 8 131 10 8 131 10 8 131 • 10 • • 8 131 • • • • • 10 8 131 • • 10 8 131 10 8 131 10 • · • 8 131 • • * • • 10 8 132 • 10 8 132 10 8 132 10 8 132 • • • • 10 8 132 10 8 132 • 10 · 9 133 ་ 10 9 133 • • 10 9 133 10 9 133 • • 10 10 133 * 10 10 133 · • • • • • • • 10 10 133 • Prior acts of Council legalized.. ་ Assessments refunded, when... Moneys advanced for improvements. • Refunding moneys advanced..... Irregularities of assessment not to affect proceedings. Assessment roll competent evidence..... Negligence of City Clerk not to invalidate assessment..... 10 16 139 10 10 133 10 10 134 10 11 134 10 11 134 10 15 137 10 15 137 10 15 138 15 15 138 10 15 138 • 10 15 138 10 15 138 ► 10 15 138 10 15 139 10 15 139 • 10 16 139 10 16 139 80 INDEX TO CITY CHARTER. SUBJECT. Chap Sect. Pgae PERMANENT IMPROVEMENTS-CONTINUED Variance from stipulated forms not material. Action in case of invalid assessments.. Payments on invalid assessments to be noted. Notations shall cancel assessments. Assessment for street sprinkling.. Form of assessment roll . . . • Proceedings when Court annuls part of award. Council may again appoint Commissioners. • • · • • 10 16 139 10 17 139 10 17 140 10 17 140 • 10 12 135 10 12 135 · 10 13 135 Commissioners shall make no new assessments of costs and expenses. Damages, etc., arrived at, how. • Same proceedings as upon original award... Proceedings if Court again annuls award.. 10 13 135 10 13 135 10 13 136 • 10 13 136 10 13 136 Deficiency to be paid from permanent improvement fund 10 14 136 ► · • • • When proceedings are irregular... Council may order new assessment. Form of assessment.... 體 ​• ↓ • • · • • • • When second assessment be annulled. Former assessment cancelled, when.. City Clerk shall record assessment rolls. To be delivered to County Auditor.... County Auditor shall extend assessments... Payment of assessments enforced. Collection of new assessments.. • Variance in amount not to invalidate assessment. 10 14 136 10 14 136 • 10 14 136 10 14 137 ་ 10 14 137 10 15 137 10 15 137 10 15 137 10 15 137 10 17 140 10 18 140 } Deficiency paid from ward fund, when 10 18 140 10 18 140 10 18 140 10 18 140 • • • 10 19 140 • 10 20 141 10 20 141 10 21 141 Surplus, how disposed of..... Abbreviations used in assessment rolls. Error as to name of owner immaterial. • • Requirements of Council to order improvements. Improvements may be by contract or by city... Contracts may be awarded prior to assessment. Improvements may await collection.. Special assessment fund to be kept separate. Assessments may be paid to City Treasurer. City Clerk to cancel assessments, when. Unaccrued interest deducted. - • • • • Prior assessments not affected. Assessment lien to have priority Limitation of time in ordering improvements County Auditor to divide assessments, when. Assessments to extend over successive years. Annual installments with interest... ► • Owner may pay any time after first installment.. • • • · • • • • 10 22 141 10 23 141 10 23 141 10 23 141 10 24 142 10 25 142 10 26 142 : • • • • • • 10 27 142 • 10 27 142 10 27 143 10 27 143 4 • INDEX TO CITY CHARTER. 81 SUBJECT. PERMANENT IMPROVEMENTS--CONTINUED-- Auditor to add interest Manner of paying interest Provisions to apply to assessment of 1886.... Certificate of City Engineer.... Certificate to be in lieu of money. Record of deferred payments.. Roll of deferred payments to be approved.. Consent of all parties implied, when.... Improvements of 1886–7 .. County Auditor to extend balances. Per centum to be added... · • · • • · • Lien of city to remain intact. Rolls, when made and adopted. Manner of keeping Auditor's books. County Treasurer's receipts, how given Assessment surplus refunded, how Permanent Improvement Revolving Fund. Sinking Fund Commissioners Surplus accumulations invested. • Limitation of assessments for the year Not to affect ordering work done…….. • • • · • 10 27 143 • 10 27 143 10 27 143 • 10 27 143 10 27 143 10 27 143 • 10 27 144 10 27 144 • • • 10 27 144 10 27 144 10 27 144 10 27 144 10 27 144 10 27 144 10 27 145 • • 10 27 145 10 28 145 10 28 145 10 28 145 • • 10 28 146 10 28 146 10 28 146 · 10 28 146 • • 10 28 146 • • • 10 28 146: Property owners may advance in excess of limitation. Provision for reimbursing property owners. Manner of expending fund Proceeds of sales of bonds. Authority to issue bonds. Limitation of bonds • Rate of interest on bonds Manner of selling bonds... • Proceedings must be by resolution • 10 29 146 10 29 147 • • • 10 29 147 • 10 29 147 Bonds not to exceed five per cent. limit... Not to affect other bonds issued...... Proceeds of installment improvements. Issue of bonds limited to $1,000,000... 10 29 147 10 29 147 10 29 147 10 29 147 Comptroller's signature evidence of compliance ► • · • 10 29 147 10 29 147 When City's right to enter land, etc., is questioned.. City may tender compensation.... 10 30 148 10 30 148 Claimant to establish his right to recover. 10 30 148 Owner not entitled to rents, etc., when... Power of Court...... City Engineer to request description of Auditor... Engineer to furnish Auditor with plats.. County Auditor to furnish description. Compensation of Auditor for keeping lists. 10 30 148 • 10 30 148. 10 31 148. 10 31 149 · 10 31 149 • · 10 31 149 • • 82 INDEX TO CITY CHARTER. SUBJECT. PERMANENT IMPROVEMENT FUND— Receipts from sales of property... City's portion of expenses to be paid from . Expense of building bridges... Tax levy to meet same.. Limitation of tax levy. • • • • Comptroller to notify when deficient.. Comptroller not to sign contracts, when.. Comptroller to sign contracts, when.. Expense of erecting public buildings..... Expense of other Permanent Improvements.. Fund not to be used for current expenses. Cost of building engine and hose houses. Expense of paving, etc.. del[) Sect. Page. 5 9 64 5 16 68 5 16 68 5 16 • • 68 5 16 68 5 16 68 5 16 68 • • • D • · • • • 5 16 68 6 16 68 6 16 • • • 68 6 16 68 7 10 86 8 11 96 8 15 99 • • D 9 4 106 10 4 122 10 28 145 • Money may be advanced for sidewalks, when. Defray expense of laying sewers, when.. Compensation for lands condemned.. PERMANENT IMPROVEMENT REVOLVING FUND- How maintained... How invested.... Duty of Council in case of surplus. Sinking Fund, Commissioners to invest. Not to be diverted... Proceeds of sale of bonds.. Rules governing use of fund. PERPETUAL SUCCESSION-- City to have.... PERSONAL PROPERTY— City may take, hold, lease and convey. PERSONS-See SUSPECTED PERSONS- PERSONS AND PROPERTY-- Duty of Police Board to protect. PERSON IN DEFAULT— • • Not eligible to contract with city.... 10 28 145 10 28 145 10 28 145 • 10 28 146 10 28 146 10 29 146 1 1 11 1 1 11 . 6 5 80 8 25 102 Shall not be given in future, except... 9 5 108 PERMITS- PHYSICIAN-See CITY PHYSICIAN- PIGEON-HOLE TABLES- License and Regulation.. PIERS-- Authority to construct and regulate.. Regulate size and materials..... PILES-See LUMBER PILES, WOOD PILES, etc.— 4 5 42 4 5 49 4 5 51 1 INDEX TO CITY CHARTER. 83 SUBJECT. PIPES-See BRANCH PIPES. See, also, INTAKE PIPES and STOVE PIPES, etc.- PLATS AND PROFILES- To be preserved by City Engineer.... PLAT AND SURVEY-- Of lands to be taken by city. To be filed with City Clerk for inspection. Shall be filed with the City Clerk after adoption.... Shall be held to be correct...... Shall show names of respective owners of land and of con- tiguous lands.. PLATS OF ADDITIONS-- Council shall have control of acceptance. Shall conform to city's system. Acceptance to be recorded.. Manner of recording. Inspection General statutes to apply. City not liable, when... • • PLEADING AND IMPLEADING- City may be party………. PLUMBERS' LICENSES— City Council shall revoke, when.... POLICE COMMISSIONERS-See POLICE- When and how elected.. POLICE DEPARTMENT- Chap Sect. Page 6 5 107 10 3 120 10 3 120 10 5 124 10 5 124 • • 10 5 124 • 8 22 100 8 23 100 8 23 101 8 23 101 8 23 101 8 23 101 8 24 101 1 1 11 9 14 116 6 3 79 Board of Police Commissioners 6 2 General power of the Board... 6 2 77 • To have custody and control of property. 6 2 77 Board may provide and maintain buildings and equipments Money appropriated by City Council for the purpose.. Power to appoint and remove police.... 6 2 78 6 2 FEE XX 77 78 6 2 78 Power to prescribe rank, title and duties. 6 2 78 Power to affix compensation of appointees. 6 2 78 Compensation subject to confirmation by Council... Board may make rules and regulations for the force. May promulgate and enforce special orders.. Board to be composed of five Commissioners. Mayor member ex-officio and President of Board City Council shall elect Commissioners, how.. No Commissioner to hold other office.... Not more than two members of Board from one political party... 6 3 78 6 2 78 • • • • 6 2 78 6 2 78 6 3 78 6 3 78 • • 6 3 78 6 3 78 84 INDEX TO CITY CHARTER. SUBJECT. Chap Sect. Page POLICE DEPARTMENT-CONTINUED Organization of Board……. Terms of office of Commissioners. Council power of designation.... • Election of Commissioners after 1887 When Council fails to elect.. Commissioner to serve until successor qualifies... Council shall fill vacancies.... Council shall never elect more than two from one political party.. Salary of Commissioners.. Expenses incurred by Board a valid charge.. Commissioners shall file oath of office... Oath of office of Commissioner prescribed. • • • Commissioners shall not appoint to or remove from force save by reason of fitness or unfitness.. Board to preserve the peace... • 6 3 78 6 3 78 6 3 79 6 3 79 • • • • · • • • 6 3 79 6 3 79 • 6 3 79 • • • [ 6 3 79 • 6 4 79 6 4 79 6 4 79 6 4 79 6 4 79 6 5 80 6 5 80 6 5 80 • 6 5 80 6 E 80 6 5 80 6 5 80 · · • 6 5 80 6 6 80 6 6 80 6 6 80 D • • 6 6 80 6 7 80 • • 6 7 80 6 7 80 • • Duty of Board to prevent crime, enforce laws, etc. Board may compel attendance of witnesses. Any member of Board may administer oath. Board shall appoint Vice President and fix term of office. Board may appoint a Police Clerk. Clerk shall keep records, etc...... Clerk shall hold office at pleasure of Board.. Board may appoint special policemen. Powers of special policemen. • Board may appoint watchmen, when. Powers of watchmen... D • Board to adopt rules for government of its meetings. Four members a quorum... Four members required to appoint or remove. • • • • • • • · • • 6 7 80 6 8 81 6 8 81 6 8 81 6 8 81 6 8 81 6 8 81 • • • • 6 9 81 1 6 10 81 6 10 81 6 11 82 • • 6 11 82 6 11 82 Action of three members valid, when... Qualifications of members of police force.. Must have resided in Minneapolis three years. Must read and write English language.. Must never have been convicted of crime. Policemen to possess power of constables. Policemen may execute warrants throughout county Board has no jurisdiction over Park Police... Former organization of force to continue, how long... No member of the force to be removed except for cause. Commissioners may be removed by District Court. Cause for removal of Commissioners.... Complaint against Commissioners, how made. Council to pay salaries and expenses. • · • • 6 12 82 7 1 INDEX TO CITY CHARTER. 85 SUBJECT. POLICE DEPARTMENT-CONTINUED-- Board shall make quarterly and yearly reports.. Must submit its books, when..... To furnish Council information and estimates. POLICE, FIRE-See FIRE POLICE-- Police powers may be given firemen POLLS-See ELECTIONS--- Council shall designate. In case Council fails or neglects. • Proviso in case of special elections. • • Not necessary to appoint for special election... POOL AND BILLIARD TABLES-- Council may license.... • POOR-See Board SupeRVISORS OF Poor. See, also, RELIEF OF POOR and SUPERINTENDENT OF THE POOR- PORK.- Inspection..... PORTERS- Authority to restrain and regulate... POSTS-See HITCHING POSTS AND RINGS- POULTRY- At large, distraint and sale... Authority to license and regulate sale. To inspect, condemn and destroy POUNDS- Authority to establish, etc.,.. ... • • 82 6 12 6 12 82 6 12 82 7 8 85 2 2 2 2 2 N N N 5 23 5 23 LO LO LO 1- 5 24 7 25 4 5 42 4 5 49 4 5 48 4 5 47 • . 4 5 48 4 5 49 4 5 47 POWER AND PRIVILEGES-See WATER POWER- POWER TO REGULATE LICENSES- How construed ... POWDER HOUSES-- Authority to designate location PRECAUTION AGAINST FIRE- Council may prescribe.... PRECINCTS-See ELECTION PRECINCTS-- PRELIMINARY LISTS— 4 5 42 4 5 53 7 1 83 To be made by Assessor. PRESERVATION OF HEALTH- Regulations.... PRESERVATION OF PEACE-- Duty of Special Policemen. • PRESERVATION OF PROPERTY– • 5 1 61 4 5 50 . 6 6 80 Bystanders may be compelled to aid at fires.. 7 4 84 • 86 INDEX TO CITY CHARTER. SUBJECT. PRESIDENT OF BOARD OF EDUCATION— Member ex-officio of Library Board. PRESIDENT OF CITY COUNCIL- Shall be elected by Council • Shall preside over meetings of Council. 12 2 157 • • • Shall discharge duties of Mayor, when….. To preside at meetings.... I w∞ ∞ 3 2 29 3 2 29 3 2 29 4 1 40 • • To act as President of Water Board in absence of Mayor.. 6 7 110 Shall sign warrants, contracts, etc. PRESIDENT OF LIBRARY BOARD- 6 7 110 · Duties prescribed... To execute conveyance of real estate. PRESIDENT OF STATE UNIVERSITY— Member ex-officio of Library Board………. PREVENTION OF CRIME- 12 5 158 12 7 161 • • 12 2 157 I Power of Council to ordain.... PRIMA FACIA EVIDENCE- Certified copies of ordinances... 4 5 41 4 10 56 5 34 75 • • 11 2 151 11 2 151 Certified copies of Comptroller's records. Authorized publication of acts of Council. Certified "true copy" of City Clerk..... PRINCIPAL AND INTEREST--See CITY BONDS— PRINTING-See JOB PRINTING PRIVATE SEWERS— Provisions of chapter nine not to apply, when... PRIVIES- Authority to compel owners to cleanse.. Authority to remove or abate...... PROCESS- How served on City Of City, how to run. • PROFILES-See PLATS AND PROFILES- PROMISSORY NOTES, ETC.— Of Library Board.. • • PROPERTY-See REAL ESTATE-See, also, ACQUIRING PROP- ERTY, SCHOOL PROPERTY, SALE OF PROPERTY, PUBLIC PROPERTY, PERSONAL PROPERTY, PERSONS AND PROPER- TY, PRESERVATION OF PROPERTY, etc.— PROPERTY OWNERS- May be compelled to remove snow, ice, rubbish, etc…….. May claim damages on account of change of street grade. Notice of same to be filed with City Clerk, when... . . . . May state grievances respecting awards and assessments. May be given a rehearing.... 9 16 117 4 5 45 4 5 45 11 6 151 11 8 152 12 5 160 4 5 48 8 2 88 8 2 88 8 2 91 8 2 91 * INDEX TO CITY CHARTER. 87 SUBJECT. PROPERTY OWNERS--CONTINUED--- Have no appeal from final award. To build and repair sidewalks.. Liability for defective sidewalks. City entitled to execution, when • • • • • • • • 8 2 92 8 12 96 2:55 8 14 97 8 14 98 6 108 To be assessed for drainage.. May be compelled to contribute to draining wet lands.... 9 City to have judgment and execution, when. 9 6 109 9 6 109 • • • 9 6 110 9 15 116 • 9 15 116 • • Manner of assessing benefits.. Responsible for water rents. • Rents may be recovered by action.. • To furnish abstract of title of lands to be taken by city... 10 4 122. In case of failure to furnish abstract... To be designated in plat and survey. 10 4 122 • 10 5 124 May advance money for improvements in excess of limit.. 10 28 146 To establish right to claims.. Compensation to be limited, when.. D PROPERTY OF POLICE DEPARTMENT-- Under control of Police Board... PROPOSALS-- For contract, how invited………. For advertising.. For job printing.. PROSECUTIONS-- Instituted how... PROSTITUTES-- • • • • Authority to restrain and punish. PROTECT PROPERTY— Duty of special policemen... 10 30 148 10 30 148 6 2 28 8 5 93 11 13 153 • 11 15 153 PROVISIONS--See INSPECTOR OF MEATS—— Inspection, etc.... . 11 8 152 4 5 50 6 6 80 4 5 49 4 5 41 4 5 28 73 5 28 73 11 3 151 PUBLICATIONS-See OFFICIAL PUBLICATIONS, REPORTS, etc.- Power of Council... Treasurer to make monthly. City Clerk to furnish copy for. • Exchange of.. PUBLIC AUCTIONS-- Authority to regulate time, place and manner of holding. 4 5 49 PUBLIC BUILDINGS— Authority to provide for lighting..... 4 5 47 Authority to construct and regulate.. 4 5 48 To restrain persons from interrupting or interfering. 4 5 48 • 88 INDEX TO CITY CHARTER. SUBJECT. Chap Sect. Page PUBLIC SITES- Council authority to acquire.. Manner of acquiring.. • Expenses paid from permanent improvement fund. Manner of acquiring grounds for..... PUBLIC CELEBRATION OR PARADE-- Police Board may appoint special policemen .. PUBLIC GROUNDS-- Authority to prevent obstruction. Sidewalks, etc... Authority to provide for lighting. Council may order sprinkled Manner of acquiring PUBLIC HEALTH— • • • • • • • D Duties of Street Commissioners PUBLIC HIGHWAYS--See STREETS—— PUBLIC HOUSES- Authority to restrain and regulate. PUBLIC IMPROVEMENTS— 4 15 58 4 15 58 5 16 68 • • 10 1 119 6 6 80 4 5 46 4 5 46 4 5 47 8 17 98 10 1 119 . 8 6 93 4 5 48 Offenders may be sentenced to work on.... Damages assessed against property benefitted. · 4 7 54 8 10 95 • When Council considers it necessary to procure grounds.. 10 1 119 Water privileges.. Intake pipes.... • Cribs in Mississippi River. • • Dams, reservoirs and wing dams.. Committee on Location of Grounds, etc. Mode of procedure of Committee. Report of Committee Notice of action on report... Commissioners to make appraisals. Quorum of Commissioners • City Clerk to notify Commissioners. Commissioners to qualify Failure to act.... Vacancies to be filled by Mayor. Commissioners to be sworn in. • · • • • • • • Commissioners to give notice of meetings. PUBLIC LANDS-- 10 1 119 10 1 119 10 1 119 • • 10 1 119 10 1 119 10 1 119 10 1 119 • • 10 1 119 • 10 3 121 • 10 3 121 10 3 121 10 3 121 10 3 121 10 3 121 • 10 3 121 10 3 121 Title to vest in city, when condemned, after payment for.. 10 4 123 PUBLIC PEACE AND ORDER-- Police Commission shall preserve.. 6 5 80 INDEX TO CITY CHARTER. 89 PUBLIC LIBRARIES- SUBJECT. Power of Library Board to establish and maintain………. 12 1 156 To be maintained by taxation.. 12 6 160 To be forever free.. 12 10 162 Authority to prevent drunkenness. 4 5 48 • 4 5 48 PUBLIC PLACES-- To prevent obscenity.... PUBLIC PROPERTY– Shall belong to City of Minneapolis, except... PUBLIC SQUARES- City Council to have control.... PUMPS AND PUMPHOUSES— Authority to establish, etc.. • • Repairs, alterations or additions. Cost met by General Fund, when... Expense of maintaining and operating. PUNISHMENT-- Council may declare and enforce... Of persons guilty of violations.. 11 1 150 • • 8 1 87 4 5 47 Keepers of disorderly and houses of ill-fame. For drunkenness and obscenity, authority granted.. For interfering with fire apparatus.... For interfering with water works system.. PUTRID SUBSTANCES- Authority to prevent depositing in city Authority to compel removal.. Expense of removal. QUALIFICATIONS-- Of voters... Of Police Commissioners. • Of appointees to Police Department. Of members of Library Board. QUARANTINE— • Authority to prevent landing of boats.. Authority to make quarantine laws.. QUORUM- Of City Counicil.... Of Police Commission... Of Commissioners to award damages, etc. RAILWAY TRACKS- No assessment for paving.. RANK AND DUTIES— Of members of the Fire Department... 9 12 115 9 12 115 · D 9 13 115 4 5 41 4 5 45 4 5 45 4 5 48 • • • 7 4 84 • • • 7 4 84 4 5 47 4 5 47 4 5 47 2 4 23 · 6 3 78 6 8 81 12 2 157 • 4 5 49 4 5 50 • 4 1 40 67 80 10 3 120 8 11 96 7 5 85 90 INDEX TO CITY CHARTER. SUBJECT. Chap Sect. Page. RATE OF TAX LEVY--- Comptroller to report to Council.. Rule governing computation. Ward estimate.... RATES--See WATER RATES-- READING ROOMS- 5 8 64 5 • • • • 8 64 5 8 64 Power of Library Board to establish and maintain.... REAL ESTATE-See CITY REAL ESTATE, PROPERTY, Etc.— • · City may take, hold, lease and convey.. Library Board may acquire and convey. Same, conveyance, how executed.... Donors may vest title in Library Board. RE-APPRAISAL OF LANDS- Ordered by Court... Court to appoint Commissioners. Parties to appeal to be heard... Commissioners to be sworn. Interested parties to be heard. Rules governing Commissioners.. • • • • • • 12 1 156 1 1 11 12 1 156 222 12 7 161 12 7 161 10 6 129 10 6 129 • • • • • 10 6 129 • Commissioners to report their appraisal to Court. Award final unless set aside by Court. Compensation of Commissioners.. • Court may double the costs, when. RE-ASSESSMENTS— • Council to direct mode of proceedure.. To determine course to pursue... RECORD- • Proceedings of Council to be kept by Clerk... To be kept by pawnbrokers, junk dealers, etc. Open to public inspection... Form of records Employment agencies.. Of bonds to city, to be kept by Comptroller. Custody of police records... Fire Marshal to keep record of cause of fires. REFORMATION OF FALLEN WOMEN- Fund for an institution REFUSAL TO OBEY ORDERS- Of Chief of Fire Department at fires... REGISTERS— Of previous election used at special election.. Judges to take from City Clerk... • • · 10 6 129 10 6 129 10 6 129 • • • 10 6 130 10 6 130 10 6 130 10 6 130 9 3 105 9 4 107 3 3 30 + 5 42 • • 4. 5 42 4 5 42 • 4 5 42 5 34 75 • • 6 2 77 77 85 5 35 75 7 9 86 2 7 25 2 7 25 1 INDEX TO CITY CHARTER. 91 SUBJECT. REGISTER OF DEEDS-- Plats shall be presented to.. Shall certify to copy of plats Inspection of Plats... Shall exhibit plat to any person To assist at fires REGULAR POLICE- 8 23 101 8 23 101 8 23 101 • 8 23 101 7 8 86 7 8 86 • • Subject to direction of firemen RELAYING SEWERS-See SEWERS RELAYING WATER WORKS-See WATER WORKS- RELIEF OF THE POOR-- Duty of Superintendent of Poor.. Duty of City Physician.. • REMITTING PENALTY OR JUDGMENT- How.. REMOVAL OF OFFICERS, ETC.- Council has power to remove..... Officers elected removed for cause only. Continued absence cause. Neglect of duty cause. • · • If officer refuses to answer charge. • • Power as to police vested in Police Board. From police force for cause only. From Police Commission... • • • • • • • • Chief of Fire Department may remove members.. RENDERING HOUSES-- Authority to designate location.. RENTS--See WATER RENTS-- Revenue from.. REPAIRING BUILDINGS- Council may prohibit, when.. Consent to make repairs.. REPEAL- D • • • D • • • Power of Council to repeal ordinances... REPORTS- To police by junk and second hand dealers, etc.... Police Board to report, how.... Fire Marshal to report cause of fires.. · Street Commissioners to make monthly reports.. Of Committee on Location of Grounds. Report on file for inspection.. Council to consider...... • Of Commissioners of Award…….. Action of Council... • 3 7 32 3 8 32 11 11 153 4 4 41 4 4 41 4 41 4 4 41 4 4 41 6 2 78 • +44 + 6 10 81 6 11 82 7 6 85 4 5 53 5 9 64 7 1 83 7 1 83 4 5 41 4 5 42 6 12 82 10 7 7 85 8 6 93 • 1 120 10 2 120 • 10 2 120 10 3 122 10 3 122 92 INDEX TO CITY CHARTER. REPUGNANT TO LAW-- Ordinances not to be... RESERVOIRS- Authority to establish, etc.. Right to construct.. RESOLUTIONS-- SUBJECT. Council may exercise powers by, when.. • Of former cities remain in force, when. Certificate of City Clerk, prima facie evidence. Council may provide for compilation... Distribution and sale of publication. RETURNS-See ELECTION RETURNS— REVENUES- Comptroller to make statement.. From licenses, rents, fines, etc.. D Chap Sect. Page. 4 5 41 4 5 47 10 1 119 > • 4 16 59 + • • • • • • • • Keepers and inmates of houses of prostitution, costs and judgments collected.... When falling short of estimates.. To be applied to sinking fund.. • Periodical payment on contracts. • 11 2 150 11 2 151 11 3 151 11 3 151 5 8 64 5 9 ལྕཙ 64 5 9 64 5 11 65 5 14 66 5 17 69 • • 11 11 153 REVERSIONS AND NEW TRIALS- Municipal Court.. REVOLVING FUND-See PERMANENT IMPROVEMENT— RINGS FOR HORSES-See HITCHING POSTS- RINKS--See SKATING RINKS- Designation of roller rinks... . RIOTS- Authority to prevent ROAD BEDS-See STREETS— ROCKETS-See FIREWORKS ROOFS-See STAIRS and LADDERS— Council may regulate size and material. RUBBISH- 4 5 53 4 5 45 4 5 51 • 4 5 48 4 5 48 Owner or occupant of property to remove. In default of compliance.... RULES OF EVIDENCE- Council may establish.... • RULES AND REGULATIONS-- Council shall determine its own. Police Board to formulate.... Governing appointment or removal of police. 4 5 42 4 3 41 6 2 78 6 4 79 INDEX TO CITY CHARTER. 93 SUBJECT. • • • RULES AND REGULATIONS-CONTINUED. Governing meetings of Police Board.. For the government of Fire Department. For government of Water Works system. Governing appraisements and awards. Of Board of Water Commissioners. Prima facie evidence, when... Certificate of City Clerk.. For government of Library Board... · 6 7 80 7 7 8 744 O 84 84 2 90 9 10 114 11 2 151 11 2 151 12 1 156 Public libraries, museums, etc., to be subject to.. 12 10 162 4 5 48 RUNNERS, ETC.-- Authority to restrain, etc.. RUNNING AT LARGE- Authority to prevent animals.. SAFE KEEPING OF FUNDS- City Treasurer to provide for SAFETY VALVES- Authority to designate.. SALARIES — Of Assistant City Clerk.. Of Mayor and Aldermen.. • • When fixed, not to be changed during term of office.. • • Council may reduce, when.. Limitation of such reduction. 4 5 47 5 31 74 4 5 46 3 4 30 3 27 37 Of Police Commissioners... SALE OF ANIMALS- Authority to restrain…………. SALE OF BONDS— 3 29 37 • 5 11 65 5 11 65 • * • • • • • 6 4 79 4 5 47 5 17 69 5 17 69 1 2 13 1 2 13 • • 4 5 45 • 4 5 45 4 5 45 ∞ ∞ 10 10 10 2 Comptroller may sign contracts, when. Periodical payments on contracts... SALE OF LIQUOR-- Forever prohibited in certain territory. Forbidden to license in certain territory. Confined to certain territory. Exceptions • • Penalties for illegal selling. Authority to restrain... SALE OF PROPERTY- Council shall have control... • • • • • • Two-thirds vote required to sell real estate. Exception in case of Industrial Exposition. Land to revert in case of default.. • 4 5 45 4 14 57 • 4 14 57 • • · • • • 4 14 57 4 14 58 Proceeds, how to be applied. • • · · • ► 5 9 64 94 INDEX TO CITY CHARTER. SUBJECT. SALT-- Inspection SANITARY- Council may make improvements.. SCHOOL DISTRICTS- Taxes of 1886-7 Districts six and eight, special provision. Debts assumed by city. • Property belonging to city. SCHOOL PROPERTY— Shall belong to city. SCUTTLES IN ROOFS- • Power to compel owners of buildings.. SEAL- Common Seal of City.. Comptroller authorized to keep and use.. Library Board may adopt. · Library Board to affix to conveyances. • • : 4 5 50 8 1 88 1 2 12 1 2 12 1 2 12 · · • • • 1 2 12 SEALER OF WEIGHTS AND MEASURES- Entitled to receive fees as fixed by Council... 1 2 12 7 2 84 1 1 11 3 18 35 • • 12 1 156 • 12 7 161 · • 3 29 37 3 29 37 Shall receive no compensation save fees collected... SECOND-HAND DEALERS-See JUNK DEALERS- SECOND WARD- Boundaries of.. Liquor license limits... SECRETARY-- Of Library Board... Shall give bonds... Duties of Secretary. Secretary not to sign orders when fund is exhausted.. To join in conveying real estate..... SEIZURE AND DESTRUCTION~- Of explosives, power in Council. SENTENCE, SUSPENSION OF By Municipal Judge... SEVENTH WARD- Boundaries.... Liquor license limits... 1 3 13 4 5 43 12 4 158 12 4 158 12 5 159 12 5 160 12 7 161 7 2 84 11 11 153 1 3 16 4 5 44 SEWERS- Authority to cleanse.. 4 5 45 • • Council may maintain, enlarge, extend, relay and improve 9 1 103 Action in case of extensions... 9 2 104 Private property may be acquired... 9 2 104 • រ INDEX TO CITY CHARTER. 95 SUBJECT. Chap Sect. Page. SEWERS--CONTINUED- Condemnation proceedings... • D Proceedings when surface of land not required. City may enter upon private land to repair.. Rights of parties thereto to be defined in deed.. Assessments for sewers (first plan).. Limitation of assessment..... Cost above assessments. • Definition of a street sewer Assessment for sewers (second plan). Limitation.... Increased cost.. Council to fix amount per foot... Second plan for assessment, when to be followed How it may be changed. · Special provision for re-assessment. • • Council to control laying of branch sewers. May order corrections made, when. Manner of constructing same Council may construct branches. Assessments for branches.. • Costs may be collected in advance. Manner of estimating cost... Assessments, how collected. • • • Council may require branches laid in areas. Style of branches in areas..... • • • Council may effect drainage for public health. • • 9 2 104 9 2 104 • • ► • 9 2 104 9 4 105 9 4 105 9 4 105 9 4 106 9 4 106 9 4 106 9 4 106 • 9 4 106 9 4 106 9 4 106 • • • 9 4 106 9. 4 107 9 5 107 9 5 107 9 5 107 9 5 107 9 5 107 9 5 107 6 9 5 107 9 5 108 a a a 9 5 108 9 5 108 9 6 108 • May bring action against owner to recover portion of cost of extension for drainage. • Powers relating to property outside city limits. Power of Court to join parties in action... Court shall make award according to benefits.. Amount not to exceed benefit.... City to have judgment and execution on award. Judgment a specific lien on property... Council may abandon proceedings, when.. Drainage of marshes inside city.. • • • • 9 6 108 9 6 108 • 9 6 109 • 9 9 9 6 109 6 109 6 109 • 9 6 109 9 6 109 9 6 109 Covered drains for marshes.. • • Cost of draining marshes.. 9 6 109 9 6 109 Drainage may be constructed at one time or different years 9 Order of construction.. Assessment of benefits. • 6 110 9 6 110 9 6 110 Council to designate character, extent and material.. City Engineer to estimate cost.... 10 8 130 • Interested parties to be notified by publication. 10 帶 ​10 8 131 8 131 • • + 96 INDEX TO CITY CHARTER. } SUBJECT. SEWERS-CONTINUED-- Bids may be called for in advance. Council may fix cost..... Rules governing fixing cost. • • Engineer may omit estimate of costs, when.. SEWER CONNECTIONS— Council may order private parties to lay, when... Council may have work done. Assessments Cost may be collected in advance. Persons may be required to lay in area. SHEEP- Authority to prevent running at large... SHERIFF- To have custody of prisoners, when. SHINGLES- Regulating piling SHOOTING— Fire arms and fireworks.. SHOOTING GALLERIES-- Council may license. SHOWS- May be licensed SIDEWALKS- • • · Engineer shall have supervision of construction. Authority to prevent obstruction. Authority to prevent driving on. To prevent damaging in any way. Owners to build and repair.. Council to order .. Manner of ordering. • • • Resolution for same to be published... Assessments to be made, when.. Collection of assessments.... Street Commissioner to build, when May be built by contract.. · 10 8 131 10 8 131 10 8 131 • 10 8 132 • 9 5 107 9 5 107 9 5 107 9 5 107 • 9 5 108 : 4 5 47 4 7 55 4 5 53 4 5 48 • 4 5 12 4 5 41 3 10 33 4 5 46 4 5 47 4 5 47 8 12 96 8 12 96 8 12 96 8 12 96 8 12 96 8 12 97 8 13 97 8 12 97 8 13 97 • • 8 15 98 8 16 98 10 10 133 • 10 10 133 · • • 10 10 133 Repairs, duty of Street Commissioners, when. Funds may be advanced, when..... Ground to be graded before ordering. Neglect of property owners to build City Engineer to estimate cost • Estimate not to be binding on city. • • Council shall designate cost of building. • • 10 10 133 Council shall levy assessments and cause roll to be made.. 10 10 133 ! ļ INDEX TO CITY CHARTER. 97 SUBJECT. SIDEWALKS--CONTINUED- Assessment for repairs... Majority vote only, required to order. SINKING FUND-- Council to maintain same.. Care and investment... • Not to be abolished until debts are paid.. Not to be diverted... Revenues to be applied to fund... Board of Commissioners to have charge. May be invested in city bonds.. Interest on same to be paid to fund Bonds to be paid from fund, when.. SINKING FUND COMMISSIONERS- • · • • • + • 10 11 134 10 19 140 ******* • 5 14 66 5 14 66 5 14 66 5 14 5 14 66 5 14 66 5 14 66 66 5 14 67 5 14 67 Shall invest Permanent Improvement Revolving Fund.... 10 28 145 SITES FOR PUBLIC BUILDINGS- How acquired.. SIXTH WARD- Boundaries.... • Liquor license limits.. SIZE OF BUILDINGS. Regulations.. SKATING RINKS— May be licensed... SLAUGHTER HOUSES- • • Authority to direct location and management To direct removal.... Special consent required to locate. SMOKE HOUSES-- Council to regulate and locate. To prohibit, when SMOKE STACKS-- Authority to regulate construction... Spark arresters to be used • • 4 15 58 + 1 3 16 • 4 5 44 4 5 51 4 5 41 4 5 46 • 4 5 46 4 5 46 7 2 84 7 2 84 4 5 54 Authority to compel property owners to remove. SNOW AND ICE-- No railway company to pile in streets. SNOW-REMOVAL DISTRICTS- Council authority to designate... Expense may be assessed.. • • • 7 2 83 4 5 48 8 21 100 4 5 49 4 5 49 5 45 4 5 53 SOAP FACTORY— Authority to compel owner to cleanse, remove, or abate... 4 Authority to designate location • -་་་་ 98 INDEX TO CITY CHARTER. SUBJECT. SOCIETIES- May be associated with Library Board…. SOLICITORS-See AGENTS-- SPARK-ARRESTERS- To be used in smoke stacks…….. SPECIAL ASSESSMENTS-- 12 9 162 7 2 83 Exposition realty not exempt.. Proceeds of same..... Benefits from improvements.. Permanent Improvement Fund used in advance of. Comptroller may sign contracts, when. For street paving and gutters. No assessment for paving railway tracks. For street sprinkling.. • • • Levy to be made annually. Levied for water mains. Plan of making levy. Cost over assessment. • • • • • • Second plan for water mains.. Increased cost. • • Second plan to be followed, when.. How changed.. For sewers. Street sewer defined.. • • Second plan for sewers. Increased cost.... For laying branch pipes... · 4 14 58 5 16 68 ► • 5 16 68 5 16 68 • • 5 17 69 8 11 96 8 11 96 8 17 99 • 3 8 17 99 9 9 104 3 104 9 3 104 9 3 105 9 3 105 9 3 105 9 , • • * • • • • • 3 105 9 4 105 ¡ 9 4 106 9 4 106 9 4 106 • • 9 5 107 9 5 107 9 5 108 9 6 109 • • • • 9 6 110 • • • For making sewer connections for private parties. For branch pipes and sewer connections, how made. Against property for drainage of marshes, etc. Manner of assessing benefits.. Credited to Water Works fund.. • Excess collections credited to Water Works fund. Council may direct Auditor to divide.... May be refunded, when………. Amounts may be advanced.. • The same to be refunded, when... Validity not affected by irregularities. Roll evidence of proper proceeding.. In case Council determine them invalid.. Council may order collections to cease, when. Actions in case of invalidity.. Payments on invalid assessments to be noted.. Collection of new assessments. · • • • • • • • • • • • • 9 11 115 9 13 115 • 10 15 138 10 15 138 • D 10 15 139 10 15 139 10 16 139 10 16 139 10 17 139 10 17 139 10 17 140 10 17 140 10 17 140 INDEX TO CITY CHARTER. 99 SUBJECT. SPECIAL ASSESSMENTS-CONTINUED--- Not invalid because in excess Deficiency paid from Ward fund, when Surplus, how disposed of. • • Funds shall be kept separate. • Chap Sect. Page 10 18 140 10 18 140 10 18 140 • • • • • • 10 22 141 • 10 22 141 4 10 22 141 10 23 141 · Improvements to be made immediately.... May be paid direct to City Treasurer. Interest not accrued to be deducted. Prior assessment not affected.. Priority of assessment liens... To be paid in annual installments. May be paid any time after first year. Payment of interest... • • • • • • • · Provisions to apply to assessments of 1886.. Certificates of City Engineer.... Engineer's Certificates in lieu of cash. Record of deferred payments.. City Council to approve... Consent of parties implied, when. Lien of city in deferred payments remains intact. Rolls, when made and adopted.... Surplus refunded, how.. Limitation of assessments for year.. • Property owners may advance in excess of limit.. SPECIAL ELECTIONS-- How conducted.... Notice to be given by Clerk. • Not to be held within sixty days of general election.. Council may change location of polls.... Not necessary to make new register • • Not to appoint new judges, or new polls... Judges to take register from City Clerk.. SPECIAL JUDGE-See MUNICIPAL Court- Power of Justice of Peace... SPECIAL MEETINGS- Of Council, Mayor may call Business must be designated in call • • • • • 10 24 142 10 25 142 10 27 143 10 27 143 • • • • 10 27 143 10 27 143 10 27 143 10 27 143 10 27 143 • • 10 27 144 • • • • • • • SPECIAL ORDERS--See GENERAL AND SPECIAL ORDERS— SPECIAL POLICEMEN— • • • + • • • 10 27 144 10 27 144 10 27 144 • 10 27 144 10 28 146 10 28 146 2 2 2 2 20 20 2 20 5 24 25 2 2 26777 N ~ ~ 61 61 Q2 2 25 2 7 25 3 23 36 4 2 40 4 2 40 Police Board may appoint, when. 6 Powers and duties... 6 80 6 6 80 SPECIAL TAX-- For payment of judgments against city Time of making levy.... 5 37 76 • 5 37 76 100 INDEX TO CITY CHARTER. SUBJECT. SPECIAL TAX-CONTINUED- New levy to be made, when.. Disposition of excess collected. SPECIAL TRUSTEES- • · • • Library Board, of bequests, etc... SPIRITUOUS LIQUOR--See LIQUOR - Sale forbidden, where.. SPRING ELECTIONS-- Abolished after 1887.. STABLE- Authority to compel owners to cleanse Authority to designate location.. STAGES-- May be restrained and regulated. STAGNANT WATER- Authority to compel owner to drain. In default of owner's complying. STAIRS AND LADDERS-- • To scuttles in roofs of buildings….. STALLS-See BUTCHERS' STALLS-- • • • 5 37 76 5 37 76 12 7 161 1 2 13 2 2 21 4 5 45 • • 4 5 53 4 5 48 4 5 48 • 4 5 48 • J STANDARD WEIGHTS AND MEASURES-- Sealing STANDING COMMITTEE ON FIRE DEPARTMENT-- To consent to removals, etc.. • · STANDING COMMITTEE ON TAXES- To Constitute Board of Equalization STANDING PLACES- For hacks, drays, etc..... ST. ANTHONY- City of Minneapolis the legal sucessor of... . 7 2 84 4 5 48 8 6 85 5 3 62 ! 4 5 50 11 1 150 Indebtedness and obligations assumed by Minneapolis... 11 1 150 Ordinances, etc., not inconsistent to remain in force. STATE BUILDINGS- No control of.. STATION HOUSES Under control of Police Board. STEAM- 11 2 150 • 4 5 51 6 2 77 4 5 46 5 52 Authority to direct location and management. 4 5 46 D • Authority to prohibit discharge from locomotives STEAM BOILERS— Authority to regulate construction and prohibit location. 4 STOCK YARDS-- 1 : INDEX TO CITY CHARTER. 101 SUBJECT. STONE DRAINS--See DRAINAGE-- STORE HOUSES FOR HIDES- Authority to designate location STOVES, PIPES, OVENS, ETC.-- Council to prevent dangerous condition.. STRAW-- Authority to regulate sale... To appoint person to superintend same. STREETS- • • • City Engineer shall have charge of Authority to prevent obstruction. Authority to prevent fast driving. To compel persons to hitch horses. Council may condemn lands for.. Manner of condemnation... Council to have control of streets, etc.. Public squares and grounds... • • Council may lay out and open new streets. May provide drainage of streets, etc... • To construct bridges and other improvements. Sanitary condition of city... 4 5 53 7 2 83 • 4 5 48 • · 4 5 48 3 10 ► 4 5 4 4 5 5 46 A A A C 33 46 46 4 15 58 · D • 4 15 58 8 1 87 8 1 87 8 1 87 8 1 88 8 1 88 • • 8 1 88 • • 8 1 88 D 8 1 88 8 1 88 8 2 88 2 88 8 2 88 8 2 88 8 2 88 8 2 88 8 2 88 8 2 88 · • 8 2 89 8 2 89 8 2 89 8 2 89 8 2 89 • • 8 2 89 8 2 89 Council power to divert streams of water.. May bridge railway tracks... May provide for paving…… • Power to establish grade of any street. May change grade by two-thirds vote To have profiles made... City Engineer to file same. Change of grade... • • • Property owners may claim damages. Limitation of making claim.... • · • • · D • • Building Inspector to certify to damages. Council may reconsider action. Majority vote to reconsider. Action on reconsideration. • · Commissioners to award damages. Qualifications of Commissioners. Assessments of benefits.. Four Commissioners to award. Vacancies, how filled... Oath of Commissioners. • • • • • • • • Penalty in case of failure or neglect.. Notice of meetings. View property... • • • • · • • • · • • • • • • ++ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ 8 2 89 8 2 89 + • 8 2 89 8 2 89 388 8 2 90 102 INDEX TO CITY CHARTER. SUBJECT. ! STREETS--CONTINUED- Commissioners to hear evidence. Meeting and adjournment…... City Engineer to give advice. Appraisement and award... Award only excess of damages over benefits. Commissioners to report to Council.. Cost of making improvements.. Assessment list... Description of all lands affected. • • Council may act or refer to committee. May confirm or send back..... • Republish notice of meeting, when.. Commissioners to have rehearing of evidence.. Again report to Council.. • • Council may appoint new Commission, when. Award and assessment final... City Council to perfect assessment levy Adoption of assessment roll.. City Clerk to prepare forms.. Limitation of awards.. Damages, etc., when computed.. • • • • ► • • • 8 2 90 8 2 2 8 8 90 90 2 90 2 90 8 2 ཨྰཿ གྲུ ཨྰཿ ཨྰཿ 90 8 2 91 2 91 8 2 91 8 2 91 8 2 91 8 2 91 2 91 8 2 91 8 2 91 8 2 91 8 2 92 8 2 92 8 2 92 2 92 8 2 92 8 3 92 • • 8 3 92 8 4 92 • • 4 92 8 5 92 • • • • • 8 5 92 ! 8 5 92 • • 8 5 92 8 6 92 • • • 6 93 8 6 93 6 93 • 6 93 6 93 8 6 93 Council may vacate streets, alleys, etc. Exclusive powers vested in Council.. Council may designate districts for street cleaning. May provide for cleaning by contract.. · • • Work may be done by contract or day.. Disposition of work within discretion of Council.. Work may be done under direction of any officer. Notice of proposals for contract work.... Council shall appoint Street Commissioners. Duties of Street Commissioners Streets to be kept clear from obstruction. Streets to be safe and passable.... ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞ ∞∞ • Street Commissioners subject to directions of Engineer.. 8 Commissioners to execute orders of Council... Shall keep account of work and expenditures To report to Council bi-monthly or oftener No bill for compensation allowed, except.. Street Commissioners shall act as Health Inspectors... To have authority of police officers Act under direction of Health Officer. All work subject to approval of Aldermen • · • Council may appoint General Street Commissioner.. General Commissioner to receive and observe instruction. • 6 93 8 6 8 93 6 93 8 6 93 6 93 8 6 94 8 6 94 8 6 94 INDEX TO CITY CHARTER. 103 SUBJECT. STREETS CONTINUED- Shall superintend and direct Street Commissioners Do as City Council may require 8 6 94 8 Street Commissioners not to be interested in contracts... 8 Not allowed compensation for use of teams Not allowed to furnish materials Shall not accept gratuities • • • • Contract void if Commissioner is interested. Materials forfeited, when Penalty in case of violation. + Mississippi river bridges a city charge Bridges over railways a city charge, when Street improvements a ward charge.. Opening of new streets by Council. Straightening or widening existing streets. Drainage of streets . • • • • • · Improvement of health or sanitary condition Directing water courses.... Council may purchase or condemn lands. Provision for payment for such property Damages to private property... Property benefitted may be assessed Limitation of assessment.. • • Excesses of expense, how paid…… • • • • D 8 6 94 7 94 7 94 8 77 94 8 7 94 8 8 8 94 TIT ∞ ∞ ∞ ✪ ✪ FFFFFFFFFFDB 10 10 8 94 8 8 94 8 9 94 8 9 95 8 10 95 8 10 95 8 10 95 8 10 95 8 10 95 8 10 95 8 10 95 8 10 95 • · • • + 8 10 95 8 10 95 8 10 95 8 10 95 · 8 10 95 Consent of cemetery owners required, when. Council authorized to order pavements Special assessment for paving. , • • • · • • • Exempt property and street crossings. No assessment for paving railway tracks. Property owners to lay and maintain sidewalk Council to order same. Council to designate material and width. Order to be made by resolution Resolution to be published.. • • · • If property-owners fail to construct Sidewalk assessments, how made.. Collection of sidewalk assessments Street Commissioner to build, when. • • • • 8 11 96 8 11 96 8 11 96 8 11 96 8 12 96 8 12 96 8 12 96 • 8 12 96 8 12 96 8 12 96 8 12 96 8 12 97 8 12 97 Council may have walks built by contract, when. Sidewalks out of repair... . . 8 12 97 • 8 13 97 • Street Commissioners to repair and report to Council.... 8 13 Cost of repairs assessed against property. One assessment roll for the year... Duty of owners to keep sidewalks in repair. Liability of owners of defective sidewalks. 8 13 8 13 • 8 14 8 14 97 99999 97 97 97 97 • • 104 INDEX TO CITY CHARTER. SUBJECT. Chap STREETS CONTINUED No action shall be maintained against city, except. Owner to be joint party to suit..... Execution in case of judgment for injury.. City not to pay judgments, unless... • • • City the owner of sidewalk judgments paid.. May enforce payment by property owner.. Form of proceedings to collect judgment……. Moneys to build or repair sidewalks.. Advanced from permanent improvement fund. City reimbursed by special assessment.. Street crossing expense a ward charge. Damages a ward charge.. Money for damages, how raised... · • 8 14 98 8 14 98 8 14 98 8 14 98 8 14 98 8 14 98 · 8 14 98 8 15 98 • • • • · • City Council to order grades made... Ground to be graded before ordering walks. City Council has power to sprinkle streets, etc. Council may contract for street sprinkling. Limitation of contract.... • • • • • · • Water works to furnish water for sprinkling. Supply of water city's proportion of sprinkling expense. Cost of sprinkling to be assessed upon lands.. Street sprinkling assessments, how made. Street obstructions not authorized • • Negligence in management of street excavations, etc..... Failure to maintain guards and danger lights.. Liability of persons for damages Judgment for damages, how to issue.. If city pays unsatisfied judgment... • 8 15 98 8 15 98 8 15 98 8 15 98 8 15 98 8 16 98 8 16 98 8 17 98 8 17 98 8 17 98 8 17 98 8 17 98 • • 8 17 99 8 17 99 8 18 99 8 18 99 • 8 18 99 8 18 99 8 18 99 8 18 99 Service of summons for insufficiency of street or sidewalk 8 19 Service by publication, when.... Action to be brought within a year Notice of action to be given the Mayor or City Clerk. Time of serving notice.... Form of notice on Mayor or Clerk. No notice required, when.... • City not liable until street has been graded. Not liable when no sidewalk is built.... Railway companies not to pile up snow. Liability for damages.... • · • · Persons injured by reason of obstructions. City's right to recover from railway company. District, how designated. Council power to extend limits of territory.. 99 8 19 99 8 20 99 8 20 99 8 20 100 8 20 100 8 20 100 · 8 20 100 8 20 100 8 21 100 8 21 100 8 21 100 8 21 100 • • • 8 22 100 • 8 22 100 8 22 100 Limitation of distance district may be extended. INDEX TO CITY CHARTER. 105 SUBJECT. Chap Sect. Page 1 STREETS-CONTINUED Council to have control of laying out streets, etc. Control of plats of additions .. Charge of dedications for streets, etc. • Streets, etc., to conform to the city system. • 8 22 100 • 8 22 100 8 22 100 8 22 100 Council may indicate arrangement and dimension of streets 8 22 100 City District continues until Council modifies or extends. 8 22 100 Subdivision of lots, etc...... Plats of lots, etc., to conform to statutory provisions. When completed, to be presented to Council . Must be drawn in triplicate .. Council may direct material and size of plats. May accept, reject, change or modify plats. Plats, accepted and approved.…… City Clerk shall certify to approval of plats. Original plat and one copy filed with Auditor... Copy of plat to be filed with Engineer.. Plats, how recorded.... 8 23 101 8 23 101 · • 8 23 101 8 23 101 8 23 101 8 23 101 8 23 101 8 23 101 8 23 101 • 8 23 101 8 23 101 8 23 101 8 23 101 • • 8 23 101 8 23 101 8 24 101 8 24 102 Register of Deeds shall certify to copy of plat.. Original plat only to be open to inspection, when. Certified copy always open to inspection………. General statutes, respecting filing plats, to apply. City not liable to grade streets, when.... Not responsible for insufficiency of streets, when. Contracts not to be awarded to any person in default..... 8 25 102 Proceedings when Court annuls award of Commissioners. 10 13 135 Proceedings when award again annulled.... When proceedings are irregular.. • Council may order new assessment. Form to be followed... Former assessment cancelled, when STREET BEGGARS-- Restraint and punishment... · · • • • • STREET CLEANINGS- Council may designate districts. May be done by contract • • STREET COMMISSIONERS--See GENERAL STREET COMMIS- SIONER-- City Council shall appoint. 10 14 136 • 10 14 136 10 14 136 10 14 136 10 14 137 4 5 50 8 4 92 8 4 92 Term of office and duties.. • • • Keep sidewalks clear and in repair..... 8 6 93 8 6 93 • • • • • 8 6 93 6 93 8 6 93 8 6 93 8 6 93 No bill to be paid unless accompanied by detailed statement 8 To act as Health Inspectors... Police powers for enforcing health ordinances. Act under direction of Health Officer.. 106 INDEX TO CITY CHARTER. SUBJECT. STREET COMMISSIONERS--CONTINUED— To superintend grading of streets.. To be directed by City Engineer... To carry into effect orders of Council. Shall make bi-monthly reports to Council To report as often as Council orders.. Approval of work.. Not to furnish material for work. • Not to be allowed compensation for team.. Not to receive gratuity from interested persons Punishment for fraud.. To build sidewalks, when. · To repair sidewalks, when. • • • To report cost and description of abutting property. Commissioners' report to be filed with City Clerk. Shall remove dangerous sidewalks, when.... STREET CROSSINGS – A ward charge.. • STREET GRADES- Council may establish... May be changed, how.. Property owners may claim damages.. Manner of appraising damages.... • Benefits to be assessed against property.. Council may reconsider action, when.... Street Commissioner to superintend. STREET IMPROVEMENTS-- A ward charge.... Mode of proceedure.. City Engineer to prepare plat Nature of plat and survey…... • Engineer to make estimate of cost... • • Property owners to be designated in plat. Commissioners of Award.. Duties of Commissioners. Quorum and vacancies. • D • • • • • Penalty in case of failure to attend. Manner of appraising awards, etc.. City Engineer to advise Appraisers. . Benefits to be an offset to damages. Lands taken, how described.... Lands assessed, how described ... Council to act on report of Commissioners. Council may appoint new Commission. • * Chap Sect. Page. 8 6 93 8 6 93 • • 8 6 93 6 93 8 6 93 8 6 94 8 7 94 8 7 94 8 7 94 8 8 94 8 12 97 8 13 97 • 8 13 97 8 13 97 • 8 13 97 8 15 98 8 2 888 8 2 88 8 2 88 8 2 89 8 2 89 • • • • 8 2 89 8 6 93 8 9 95 10 5 123 • 10 5 123 10 5 124 • 10 5 124 10 5 124 • 10 5 124 10 5 124 • • • • • 10 5 124 10 5 124 • 10 5 125 10 5 125 · • · · • • • • • 10 5 125 10 5 126 10 5 127 10 5 127 • • • 10 5 127 Commission to hear further evidence.. • • 10 5 127 INDEX TO CITY CHARTER. 107 SUBJECT. 10 5 127 10 5 127 10 5 127 10 • • • • • 5 127 10 5 127 • STREET IMPROVEMENTS-CONTINUED-- To revise and report appraisement Council may confirm or annul.. Confirmation final....... Council shall proceed to make levy, when.. Council to order assessment roll, form. Interested persons may objectand appeal. Court to order re-appraisal, when... Rules to govern re-appraisal... Award of re-appraisement final, unless set aside. Council may abandon proceedings, when. STREET LIGHTING— Authority to provide for.... • Council may reduce amount, when. • • • 10 6 128 10 6 128 • • 10 6 128 10 6 130 10 6 130 4 5 47 5 11 65 • 5 11 65 To reserve rights in contracts.. STREET OBSTRUCTIONS-See OBSTRUCTIONS IN STREETS-- STREET OPENINGS- Council may purchase or condemn lands.. • STREET SPRINKLING- Council may order... May be done by contract.. Limitation... ► . 8 10 95 8 17 98 8 17 98 8 17 98 Water furnished free of charge. Supply of water city's proportion of expense Expense assessed upon lands... Form of assessment roll... • • • ་ • STREETS, VACATING--See VACATION OF STREETS-— • • STRUCTURES-See FIRE-PROOF STRUCTURES and DANGER- OUS STRUCTURES-- SUBDIVISION OF LOTS— How made.... Plat to be presented to Council.. Acceptance to be recorded... SUCCESSION, PERPETUAL-- City to have.. SUNDAYS- Excepted, for veto purposes. SUPERINTENDENT OF POOR- Council shall elect... • Shall perform prescribed duties for relief of poor. SUPERINTENDENT OF WATER WORKS- May be Secretary.. 8 17 98 8 17 98 8 17 99 10 12 135 8 23 101 8 23 101 • 8 23 101 1 1 11 3 1 29 3 7 32 3 7 32 9 9 112 Bond, duties, etc. • 9 9 112 108 INDEX TO CITY CHARTER. SUPERSEDEAS- SUBJECT. delta Sect. Page. City not to give.... SUPERVISOR OF THE POOR -See BOARD-- SUPERVISION OF STREETS--See STREETS- SUPPRESSION OF DISEASE- Regulations SURVEY--See PLAT AND SURVEY- SUSPECTED PERSONS— May be kept from vicinity of fires. SUSPENSION OF SENTENCE- By Municipal Judge.... SWIMMING-- Authority to regulate.. SWINE- Authority to prevent running at large. SWILL- Removal.... TALLOW CHANDLER SHOPS- Authority to compel owners to cleanse. Authority to remove or abate the same. TANNERIES- Authority to compel owners to cleanse. Authority to remove or abate.... Authority to designate location TAPPING MAINS-See WATER MAINS- TAVERNS- Council may license. • • TAXES-See ASSESSMENTS— Assessed for 1886-7.... • School districts six and eight.. Shall be paid into City Treasury Of 1886 distributed Exposition realty exempt from.. • .. • City Assessor, Council shall appoint. Style and term of office.. Vacancies, how filled.. Deputy Assessors.. • • • • 3 5 31 4 5 50 • . 7 4 84 ... 11 11 153 4 5 41 4 5 47 4 5 53 4 5 45 • • • · • • • 4 5 45 4 5 45 4 5 45 4 5 53 Assessor to appoint, Council to confirm.. Term of Deputies.... Assessor's Clerks. · Number reduced or increased, when.. City Council to confirm all appointments Instruction of Deputies and assignment of work.. • 222** 4 5 42 1 2 12 1 2 12 1 2 12 4 14 58 5 1 61 5 1 61 5 • • · · • • 1 4 LOLOLO LO LO LO LO LO LO LO 1 61 5 1 61 1 61 1 61 1 61 1 61 1 61 5 1 61 5 5 5 5 5 ! I INDEX TO CITY CHARTER. 109 SUBJECT. TAXES-CONTINUED-- • " Subsequent appointments... Assessor and Deputies to qualify Preliminary assessment lists.... County Auditor to deliver books, etc.. Assessment lists, when begun... Limit in which to revise lists.... Deputy may sign notices.. Term of office of former Assessors, etc. General laws to govern Assessors. · Board of Equalization, how constituted.. Time and place of meeting of same... • Board to revise, amend and equalize assessment roll….. Assessor to attend meetings of Board...... • Assessor to furnish Board with facts and information... Powers of Board of Equalization. • Board not restricted by limitation... Reduction of total assessment... Meetings of the Board of Equalization……. Board to continue until equalization completed Limit for completion of same... Power of Board to employ clerks D • • • • • • • • Right of persons aggrieved by assessments. City Attorney to attend meetings of Board. Duty of City Attorney in case of undervaluation.. Assessment rolls completed to be reported to Council.. Council may confirm or return rolls to Board..... In case rolls returned to Board for revision.. City Clerk to return rolls to Auditor.. Memorandum of confirmation of rolls. When Council fails to act on rolls. Validity of City Clerk's certificate.... Council to fix salary of Assessor. · • • • • Compensation of Board, deputies and clerks.. City Comptroller to report tax levy computation.. Levy to meet Ward expenses. City Council to make levy. • Limitation of current expense tax. Appropriations prior to levy... • Levy to meet interest and principal of bonds. Excess of collections.. • One-mill tax omitted, when…….. • Levy for permanent improvement. Tax limitation.. Levys to be made by resolution · · · · • ❤ • • • 5 1 61 1 5 1 61 5 1 61 5 1 62 5 1 62 5 1 62 5 1 62 5 2 5 3 62 IIIINNNNNNNNNNNNNNN 5 3 62 5 LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO LO TO LO LO LO LO LO LO LO LO LO LO 5 3 62 3 62 3 62 5 5 3 62 5 3 62 5 3 62 5 4 62 4 62 4 63 5 4 63 4 63 5 4 63 4 63 5 4 63 5 5 63 5 5 63 5 5 63 5 5 63 5 5 63 5 5 63 6 63 5 6 63 5 8 64 5 8 64 5 10 64 • 5 10 64 5 10 65 5 13 66 5 14 66 5 14 67 5 16 5 16 68 5 18 8889 68 69 110 INDEX TO CITY CHARTER. TAXES-CONTINUED-- SUBJECT. Chap Sect, Tage Statement of tax levy.. Collection of taxes.. County Treasurer to pay over tax collections. Advance of tax collections.... County Auditor's tax statement. Delinquent taxes... Delinquent taxes of prior years. 5 19 69 5 19 70 5 20 70 5 20 70 5 21 70 5 21 • • Special tax, when levied and for what. Collected for Library Board. • County Treasurer to pay to City Treasurer. TAX LEVY-See BOARD OF TAX LEVY— Council to make levy for current expenses. Limitation of same..... For permanent improvements. Time for making levy.. Council may provide for increase of fund. Limitation of levy.. All taxes to be levied by resolution.. No tax invalid by reason of informality. Nor because of any excess in amount. Council to make statement to Auditor. Date of statement by Council... Library Board authorized to levy. Limitation...... Return to be made to Auditor.. • • • 70 5 21 71 5 37 76 12 6 160 · 12 6 160) 5 10 64 5 10 64 5 16 68 5 16 • ► 68 5 16 68 5 16 68 5 17 69 • • • • • • • 5 18 69 5 18 69 5 19 69 5 19 69 • • • • • 12 6 160 12 6 160 12 6 160 12 6 161 ► • • When Library Board fails to return to Auditor. TAX-PAYER— May bring action against officer, when..... May maintain action to enforce compliance of Sinking TAX COLLECTIONS- 2 11 27 Fund Commissioner.. 5 14 67 Shall be advanced, when.... 5 20 70 Advanced collections to be accounted for... 4 5 20 70 TEAMS AND VEHICLES- Under control of Police Board.... 6 2 77 TELEGRAPHS AND TELEPHONES-See FIRE-ALARM TELEGRAPH and UNDERGROUND WIRES- Authority to regulate location of poles, etc…….. To order removal of poles.... Authority to regulate, etc. Under control of Police Commissioners.. TEMPORARY ORGANIZATION- Of Library Board • 4 5 52 4 5 52 4 5 52 • • • 6 2 77 12 11 163 INDEX TO CITY CHARTER. 111 TEN-PIN ALLEYS— SUBJECT. Council may license. TENTH WARD- Boundaries.. TERM OF OFFICE- Not affected by extending city limits. Alderman Sixth Ward, special provision. Mayor, Treasurer, and Comptroller.. Aldermen after January 1, 1889. Officers elected by Council.. • • • • • • • + 4 5 42 1 2 2 2 2 10 LO 1 3 17 1 4 17 4 18 2 1 19 2 1 19 2 1 20 2 21 5 1 61 5 1 61 6 3 78 6 5 80 6 3 80 D • • • • 7 5 85 8 6 · 93 Special provision relating to officers holding after April, 1887 2 Assessor... Deputy Assessors and Clerks.. Police Commissioners.. Vice-President, Police Board Police Clerk ……….. Chief Engineer of Fire Department. Street Commissioners. TERRITORY— Comprised in the City. THEATRES- May be licensed…….. THIRD WARD- Boundaries Liquor license limits. THIRTEENTH WARD—- Boundaries • TIE-VOTE OF PEOPLE- Council shall determine.. TIRES--- TITLE AND RANK- • 1 2 11 4 5 41 1 3 14 4 5 43 .. 1 3 17 2 2 221 Authority to regulate width... 4 5 52 Police Commissioners to designate. Fire Department 6 2 78 7 5 85 TOMB- Removal of bodies from... . . 4 5 53 TORPEDOES- Prevent use of.... 7 2 84 TRACKS-See RAILWAY TRACKS- TRAFFIC-See HEAVY TRAFFIC- TRANSCRIPTS-See CERTIFIED TRANSCRIPTS- TREASURER--See CITY TREASURER and COUNTY TREASURER— 112 INDEX TO CITY CHARTER. TRIAL OF OFFICERS-- Place and manner of.. • SUBJECT. Ten days' notice to be given. Council may compel attendance of witnesses. If officers refuse to appear. Trial of Police Commissioner. TWELFTH WARD- • 4 4 41 4 4 41 4 4 41 • • • 4 4 41 6 11 82 • Boundaries.. UNANIMOUS CONSENT- 1 3 17 Required to pass ordinances on night of presentation..... 4 9 55 UNDERGROUND WIRES- Authority to order and regulate... 4 5 52 UNHEALTHY SUBSTANCES- Board of Health may direct removal. 4 5 49 Expense assessed against property 4 5 49 UNITED STATES BUILDINGS- Council or Building Inspector not to control.... 4 5 51 UNIVERSITY— President of Library Director.... 12 2 157 4 5 54 UNSAFE BUILDINGS- Authority to prevent construction.. UNWHOLESOME FOOD—See MEATS, etc.— UNWHOLESOME PLACES- Authority for cleansing. VACANCIES IN OFFICE- How filled.... . • 4 5 45 ; 2 2 2 229 20 20 26 • • 4 4 41 5 1 61 ! 6 3 79 Special provision if within sixty days of general election.. 2 To be filled by City Council.. • Council power to declare office vacant.. In Assessor's office, how filled... Police Board, how filled Water Board, how filled • • • Mayor may appoint Commissioners of Award. Library Board, how filled.. VACATION OF STREETS-See STREETS- May be made by Council... Exclusive powers.. VAGRANTS- Authority to restrain and punish. Imprisonment at hard labor... How punished... VALID CHARGE-- 9 7 111 10 3 121 • 12 2 157 8 3 92 • 8 3 92 • • • • 4 5 50 4 7 55 4 7 55 ; Salaries and expense of Police Board 6 4 79 INDEX TO CITY CHARTER. 113 Construction and location.... SUBJECT. VALVES AND SPECIALS-See WATER WORKS- VAULTS AND PRIVIES- VEAL- 4 5 51 Inspection... 4 5 49 VEHICLES- To prevent obstructing streets, sidewalks, etc..... 4 5 46 4 5 46 VENDERS OF GUNPOWDER, ETC. —- License, etc.... VENDING OF LIQUORS— License and regulation... VENDUES- Regulation.... VETO- Of ordinance, etc………. VICE - Council may ordain the suppression of.. VICE PRESIDENT- Shall be elected by Council Shall discharge duties of President, when. Shall be styled Acting Mayor, when Validity of his acts • To preside in absence of President. Police Commission shall appoint.. Term of office • VICTUALING HOUSES- License and regulations.. VINOUS LIQUOR-See LIQuor— VIOLATION OF ORDINANCES— Council may declare penalties.. • • • Actions for shall be brought by warrant.. Warrant not necessary, when... Process in name of State .. VOTERS- Qualification of……… VOTES-See MAJORITY VOTE and TIE-VOTE- VOUCHERS- Preservation of same.. WAGONS- • To prevent obstructing streets, sidewalks, etc. WAITING PLACES- For hacks, drays, etc. 4 5 42 4 5 48 3 1 29 4 5 41 3 2 27 3 2 27 3 2 30 3 2 30 • 4 1 40 • • • • 6 5 80 6 5 80 4 5 42 4 5 41 11 8 152 · 11 8 152 · . ► 11 8 152 2 4 23 5 24 72 4 5 46 ► 4 5 50 114 INDEX TO CITY CHARTER. SUBJECT. WALKER, T. B.— Library Director, first Board. WALLS- Regulate construction... WARDS-- City divided into thirteen. • Boundaries designated.. 12 11 162 4 5 51 1 3 13 1 3 13 3 12 33 • Accounts to be kept by Comptroller... Evidence of indebtedness countersigned by Comptroller.. 3 13 WARD CHARGES-- Street improvements.... WARD TAX LEVY- 33 8 9 95 To be made by Council. Limitation of same.. • WARRANTS (Orders)—— For the sums total of pay-rolls. Form prescribed... • WARRANTS (PROCESS)—— May be served by policemen throughout county... Not necessary, when.... WATCHMEN— Police Board may appoint.. Serve without expense to city. Appoint at request of parties.. Powers, not to act outside limits designated. WATER BOARD-See WATER WORKS-- Abolished by Legislature [Note]. WATER COURSE-- Council may divert, except.. WATER MAINS, ETO.— Council to control. • Punishment for interference with Property owners to be assessed. Plan of making assessment Cost over assessment.. • • • Board to determine size and quality Council to order mains laid.... Board may contract for laying, when.. • • • 5 12 65 5 12 65 5 22 71. 5 22 71 6 8 81 11 8 152 6 6 80 6 6 80 6 6 80 6 6 80 - 103 8 10 95 7 4 84 7 4 84 9 3 104 9 3 104 9 3 104 9 11 114 • • 9 11 114 9 11 114 May be laid in advance of assessment collections. Expense above assessments.. Punishment for interfering with…….. Council to designate character, extent and materials.. City Engineer to estimate cost... 9 11 115 9 13 115 9 16 117 • • 10 8 130 • 10 8. 131 INDEX TO CITY CHARTER. 115 SUBJECT. WATER MAINS, ETC.-CONTINUED— Interested parties to be notified by publication... Bids may be called for in advance.. Council may fix cost...... Rules governing fixing cost. • · Engineer may omit estimate of costs, when... WATER POWER AND PRIVILEGES-- Manner of acquiring for water works.. WATER PRESSURE-- Highest limit.. WATER RATES-- To be fixed by Water Board.. Increased or decreased by Council. Shutting off water from delinquents. Water may be furnished free, when.. Property owner responsible for rents. May be recovered by action... WATER RENTS- Superintendent shall collect.. WATER WORKS— • • 10 8 131 10 8 131 10 8 131 10 8 131 • 10 8 132 ... 10 1 119 8 4 84 9 14 115 9 14 116 • • 9 14 116 9 14 116 • • · • • • • 9 15 116 9 15 116 9 9 112 Expenses to be paid from permanent improvement fund.. 6 16 Council to govern... Punishment for interference with. Council power to maintain.. • • May extend, enlarge, relay, improve, etc.. May acquire property... Condemnation proceedings. Title in fee-simple vested in city. 68 • • 7 4 84. · • • • Proceedings when surface of land is not required. City to enter upon private property for repairs, etc. Deeds to state rights of parties... Assessments for laying water mains, first plan. 7 4 84 9 1 103. 1 103 9 2 104 9 • 9 2 104 9 2 104 9 2 104 9 2 104 9 2 104 • 9 3 104 3 104 Cost over assessment to be paid from water works fund... 9 City to pay expense for property exempt………. Second plan of assessment... 3 105 9 9 3 105 9 3 105 Limitation of such assessment Increased cost of same. Water Works Fund available. Council to adjust amount per foot. Such action to remain in vogue until changed. • • • • ► • In re-assessments first plan may be employed. Council may regulate construction of branch pipes. May order branch pipes laid, when. May require plats and surveys. 9 9 3 105 3.105 9 3 105 9 3 105 9 3 105 9 5 107 9 5 107 9 5 107 116 INDEX TO CITY CHARTER. SUBJECT. Do WATER WORKS-CONTINUEd- • Plats and surveys to be preserved by Engineer. Council may proceed to construct branch pipes. Shall assess property for branch pipe. Manner of making assessment. Cost may be collected in advance.. Manner of estimating and fixing cost. Assessments after completion, when. Assessments, how collected.. Branch pipes in arrears. Regulations and permits. • • • Special provisions for future excavations. Excavations for hydrants... Board of Water Commissioners. Manner of appointment. In case of vacancies. Compensation of Commissioners. • • • D 9 5 107 9 5 107 • • · • 9 5 107 9 5 107 9 5 107 • • · • • • 9 5 107 9 5 108 9 5 108 · • • 9 5 108 • · • • 1 9 5 108 • 9 5 108 9 5 108 • • D 9 7 110 • • 9 7 110 9 7 111 • • · • • 9 9 7 111 7 111 9 8 111 9 8 112 • • · 9 9 112 9 9 112 9 9 112 9 9 112 • 9 9 113 9 9 113 9 9 113 9 9 113 • 醯 ​• • • • 9 9 113 9 10 113 Meetings, quorums and powers of Board. Board may appoint officers... Compensation of employes. Superintendent may be Secretary... Duties of Secretary and Superintendent. Water Works fund.. Orders, how drawn.. Bonds of appointees, etc. • • Assistant Secretary, duties, etc. Assistant Superintendent, duties, etc. Duties of City Comptroller... Claims to be audited by Comptroller. Meetings of the Board... Rules and regulations.. Council to provide office furniture... • Board may provide furniture, when... · • • Board to determine size of water mains, etc.. Council shall order mains... Board may contract for laying mains.. Board shall cause mains to be laid, when.. Special assessments... • Board may lay mains in advance of collections. Comptroller to sign contracts...... Contracts may be made when no funds. Sale of bonds.. Pump house repairs, etc... Expense of operating and maintaining. Water Works fund.. · D • · • 9 10 114 • 9 10 114 9 10 114 • • 9 11 114 9 11 114 9 11 114 9 11 114 9 11 114 9 11 115 9 11 115 • 9 11 115 9 11 115 9 12 115 9 13 115 9 13 115 INDEX TO CITY CHARTER. 117 WATER WORKS-CONTINUED SUBJECT. Duty of Board to fix water rates. Board to fix date of collecting. Council may increase or decrease. • • • 9 14 115 • • • • • 9 14 115 • • • Board may make rules for enforcing provisions. Rules concerning tapping mains, etc.. Plumbers' licenses, revocation of Shutting off water of delinquents.... Owners of property responsible for rents Punishment for injury or interference. Wilful damage of Water Works….. Excavations, raising gates, etc. Dumping garbage, penalty for same. Municipal Court to have jurisdiction. Not to apply to private sewers, when Manner of acquiring grounds for. Manner of acquiring water power. • 9 14 115 9 14 116 9 14 116 9 14 116 9 14 116 9 15 116 9 15 116 9 16 117 9 16 117 9 16 117 9 16 117 • • • 9 16 117 • 10 1 119 10 1 119 • Right to construct intake pipes, cribs, dams, reservoirs, etc. 10 1 119 9 3 105 9 3 105 • • • · • • ► • 9 9 112 9 9 112 • 9 9 112 WATER WORKS FUND- Defray expense of laying mains, when Council to fix cost... Superintendent shall collect water rents... Rents to be kept in separate fund by Treasurer. Form of orders on fund... Uses of the fund.. • Assessment collections, to be credited to. Appropriations from general fund,, when. Hydrants... Excess of assessment collections. • • 9 9 112 9 11 115 9 12 115 9 13 115 9 14 115 WEAPONS-See CONCEALED WEAPONS— WEIGHERS AND GUAGERS- Authority to appoint, regulate and compensate. WEIGHTS AND MEASURES-- Authority to regulate weight of bread. Authority to appoint a City Sealer. To punish for fraud... WELLS- Authority to establish, etc..... WET LAND - • • Council may proceed against owners. Action to compel contribution. Joinder of parties defendant.. Court shall make awards.... Contribution not to exceed benefits. City to have judgment and execution, when. Council may abandon proceedings.. 4 5 50 4 5 47 4 5 49 4 5 49 • 4 5 47 9 6 108 • • 9 9 6 108 6 109 9 6 109 9 6 109 9 6 109 • 9 6 109 118 INDEX TO CITY CHARTER. SUBJECT. WHARFS- Council power to provide, appoint Wharfmaster To have power of police officer... Duties to be designated by Council. Authority to construct and regulate. Authority to regulate charges.. WHEELS- Width of tires.. • • 3 22 35 3 22 35 3 22 35 4 5 49 • 4 5 49 4 5 52 WHISKY AND LIQUORS--See LIQUORS-— Authority to inspect.. WHISTLING OF LOCOMOTIVES-- Authority to regulate or prohibit. WIDENING STREETS--See STREETS— WING DAMS-See DAMS- WITNESSES- 4 5 50 4 5 46 Council may compel attendance. Police Board may compel attendance.. · Not incompetent in city suit because inhabitant. WIRES-See ELECTRIC WIRES and UNDERGROUND WIRES-- WOMEN-See FALLEN WOMEN- 4 4 41 6 5 80 11 4 151 WOOD-See FIREWOOD- Authority to regulate sale... To appoint person to superintend same. Authority to inspect. WOODEN DRAINS-See DRAINAGE- WOODEN SIDEWALKS-- Council may prohibit construction..... WOOD PILES- 4 5 48 4 5 48 • 4 5 49 1 7 11 86 Authority to designate location.... 4 5 53 To compel removal of same... 4 5 53 WORK-See CITY WORK and CONTRACT WORK—— Council may have all work and construction done by the day 8 5 93 To be done under direction of Council....... Council may designate officer to have charge of. 8 5 93 8 5 93 WORK-HOUSE- Offenders may be sentenced to. 4 7 54 • Council may establish rules.. WRIT OF ERROR— City not to give bond.. YEAR- • Officers to make yearly inventories. Fiscal of City, to begin.... Special provision for 1889.. · 4 7 55 3 5 31 3 30 38 5 7 63 • • • • • + 5 7 64 • INDEX-COURT ACTS. *MUNICIPAL COURT. SEC. PAGE ABSENCE-- Of Clerk... ABSENT JUROR— Penalty... ACCOUNTS— Municipal Court.. ACT-- To establish Court.... Amendment notes. ACT AS ATTORNEY— Clerk and Deputies forbidden.... ACTION- Divorce. Civil.... Criminal. • 7 207 ... 12 214 • 7 207 1 203 226 7 209 1 204 1 204 • • • • • • • • • • • • • ► • • • 1 204 Equity. · Civil, how commenced. Replevin. • Criminal, witness, fees in. • • • • · • · · To be transferred when title to real estate is involved.. Former Justice of Peace not to take cognizance.. AFFIDAVIT-- In attachment proceedings.... In action of replevin... AMENDMENTS-- Of pleadings... • 1 204 8 209 10 213 17 219 19 221 22 222 9 212 10 213 To Court act, and notes... 8 211 226 "See "Index-Stenographic Reporter" and "Index-City Justices," supra, in connec- tion herewith. 120 INDEX TO COURT ACTS. SUBJECT. ANSWER-- Defendant to serve on plaintiff.. Time of serving answer. APPEAL- From taxation of cost... 4 Objection to be certified to.... Heard on the objections certified.. To Supreme Court.. APPOINTMENT- • Municipal Judge, by Governor, when.... Clerk of Municipal Court.. Deputy Clerks.... ATTACHMENT— Process by. Affidavit and bond……. • • SEC. PAGE 8 210 8 210 8 212 8 212 8 212 • • 13 215 2 204 4 205 7 209 Limit of liability. Form of writ..... • • • Service and proceedings.. ATTORNEY- For plaintiff, may subscribe summons. AUDITOR-See COUNTY AUDITOR- BAIL FORFEITED— To be paid to Law Library. BALANCES OF DEPOSIT- Shall be paid city..... BALLOTS- For drawing jury. • • 9 212 9 212 9 212 9 212 • • • 9 212 1 8 209 7 208 · • ... 17 .220 12 214 BAR ASSOCIATION OF MINNEAPOLIS— To receive forfeitures in Court for Law Library.. To grant Judges free use of Library. BASTARDY— • • Proceedings in.. • General statutes to apply.... BILL OF PARTICULARS-- Court may order... BLANKS- Clerk to procure... BOND- • In attachment proceeding Limit of liability. In action of repliven.... 7 208 7 208 16 219 16 219 ... 8 210 21 222 9 212 9 212 • • • 10 213 і INDEX TO COURT ACTS. 121 SUBJECT. SEO. PAGE BOND TO CITY- Clerk.... Forfeitures to be paid to Law Library. Deputy Clerk.... BOX OR WHEEL- For drawing juries.... BREACH OF OFFICIAL DUTY— If Sheriff releases prisoner, when BY-LAWS OF CITY- Municipal Judge to execute. CALENDAR OF CAUSES- Clerk shall make ... 4 205 7 208 • 7 209 12 214 7 209 6 207 • 11 213 Judge to direct arrangement.... 11 213 CASES-- Municipal Judge shall dispose of... 6 207 CAUSES-- Removed to Supreme Court.. 13 215 Causes and proceedings of Justices of the Peace 22 222 CERTIFICATE— Of Clerk for jury attendance. 12 215 Filed with Auditor 12 215 Execution may issue. CHATTELS- CHIEF OF POLICE- Shall make police detail.... CHIEF MAGISTRATE- 14 216 18 220 Complain against police officer, in default.. 18 221 Of city, Municipal Judge.. 6 207 CITY- Shall receive unpaid witness fees.. 17 220 CITY COUNCIL— Shall receive balances of deposit... No fees shall be charged against. CITY ATTORNEY— To prosecute, when.... May authorize pursuit of criminals.. CITY CLERK— Assist in drawing jurors. Advise and consent to appointment of Clerk.. Shall approve bond of Clerk.. Provide place for Court. • Direct purchase of supplies, etc.. • 17 220 17 220 20 221 18 221 • ... 12 214 • • 4 205 4 205 6 206 • 21 222 122 INDEX TO COURT ACTS. SUBJECT. SEC PAGE 2 204 3 205 • • CITY ELECTION-- Municipal Judge. Special Judge D U CITY REGULATIONS- Municipal Judge to execute.... CITY TREASURER— Receipts to be delivered to. CIVIL ACTIONS— How commenced... Proceedings same as in District Court.. Not necessary to plead items of account Copy of items of account to be delivered. In case of failure to deliver Court may order bill of particulars. Executions.. CIVIL JURISDICTION— Municipal Court... CIVIL TERMS- Municipal Court... CLERK— Authority for.... Appointment and removal.. Oath of office, bond, conditions. Shall sign processes. • } May change forms. · • • 6 207 ... 7 207 • • • • • • 8 209 : | 8 210 8 210 8 210 8 210 1 8 210 14 216 1 204 8 209 1 204 4 205 4 205 • • 5 206 5 206 6 207 7 207 7 207 • • • 7 207 7 207 7 207 7 207 7 207 7 207 7 208 · • • • • 7 208 7 208 7 208 • 7 208 · • • • 7 209 7 209 8 210 8 210 Keep records, etc... Have custody of books, etc. Powers vested in, etc.... • • • Act under direction of Judge. Taxation of costs · • Receive fines, fees, etc.. Keep detailed account of same. Deliver all monies to Treasurer. Make monthly report of finance • • • Shall pay forfeitures to Law Library. Make monthly report of commitments. Reports to County Auditor. Reports to Comptroller... Orders for release of prisoners. May appoint or remove deputies. Shall not act as attorney. Papers to be filed with. Note or indorse fact of filing. ! INDEX TO COURT ACTS. 123 SUBJECT. SEC. PAGE 8 210 8 211 8 211 8 212 · • CLERK-CONTINUED- Returns to be made to.. Plaintiff, civil action, deposit of costs. Costs and disbursements.. Certificates in appeal.. • Filing of affidavit in attachment. Issue of writ in replevin. Notice of trial... Shall make calendar. Drawing of jury. • • Jurors' certificates.. • Collect jury fee in advance.. Issue of summons.. • • Shall make transcript of judgment. Shall not issue transcript, when. May sign notice... • · • May make complaints in criminal cases. Conservator of the Peace.. Record statement of offense. • · Shall enter plea...... Keep minutes of examination.. Salary .... 9 212 10 213 11 213 11 213 12 214 12 215 12 215 · · • • 13 216 14 217 14 217 • 14 217 16 218 16 218 16 218 16 218 • 16 218 • 17 219 17 219 17 219 • ► · 17 220 17 220 • 17 220 18 220 18 221 21 222 • · • To collect and account for fees.. Shall pay witnesses in criminal actions. Unpaid witness fees... Balances of deposits for costs. Fees may be demanded of Clerk. Police officer to pay over gratuities to, etc.. Duty to make complaint against officer... • To procure blanks, stationery, books, furniture, etc. CLERK, DEPUTY-See DEPUTY CLERK- COGNIZANCE OF COURT- Justices of the Peace proceedings.. 22 222 COLLECTION OF FEES-- Clerk of Court...... 17 219 COMMITMENTS TO COUNTY JAIL- Clerk shall report monthly... 7 208 For default of bail.. 7 208 Under sentence.. 7 208 To await action of Grand Jury .. 7 208 COMPENSATION-- Jurors 12 215 Judges and Clerks.. 17 219 Witnesses.. 17 220 124 INDEX TO COURT ACTS. SUBJECT. SEC. PAGE COMPLAINTS- Municipal Court to hear. Must be filed before service. Filing to be noted by Clerk. In replevin... In criminal cases • Formal complaints not necessary, when.. Violation of ordinances, form….. · • Against Police officers, when fees not paid over. CONSERVATOR OF PEACE- Municipal Judge.. Clerk... COSTS- Clerk shall tax... Court to require security. Allowed prevailing party in action Allowed plaintiff, when... . 4 · • Allowed defendant, when. • Time for taxation.. Appeal from taxation. Unclaimed deposits.. COUNTY-- No fees shall be charged against. COUNTY ATTORNEY-- May authorize pursuit of criminals.. To prosecute, when. COUNTY AUDITOR- Warrant for jurors' fees... COUNTY OF HENNEPIN- Jurisdiction of Court:. COUNTY JAIL, COMMITMENTS-See COMMITMENTS-- COUNTY TREASURER- Warrants for jurors' fees.... COURT-See MUNICIPAL COURT- Act.... Amendments COURT, DISTRICT-See DISTRICT COURT-- COURT OF RECORD- Municipal Court... Judge to have power of . CRIMINALS- 1 204 8 210 8 210 10 213 16 218 16 218 • 16 218 • 18 221 D 3 205 16 218 7 207 8 211 8 211 • 8 211 8 211 • • • • 8 211 8 211 • 17 220 · 17 220 18 221 21 222 ... 12 215 1 204 • 12 215 1 203 226 1 201 3 205 Pursuit of, how directed. Rewards, when... 18 221 • 18 221 : } INDEX TO COURT ACTS. 125 SUBJECT. SEO. PAGE CRIMINAL ACTION-- Examinations.. Complaints.. Witness fees. CRIMINAL JURISDICTION— Municipal Court... CRIMINAL LAWS- Municipal Judge to execute.... CRIMINAL PROCEEDINGS- City Attorney to prosecute... 1 204 16 218 • • • · • • • • 17 219 1 204 ... 6 207 20 221 County Attorney to prosecute. 20 222 DEBTOR, JUDGMENT- Execution against. 14 216 DEFAULT- Court may open.. DEFAULT OF BAIL- 8 211 .. 7 208 Prisoner to await grand jury. DEFENDANT— Summons must be directed to.. 8 209 Required to answer complaint.. 8 209 Serve copy on person subscribing summons 8 210 • To be allowed costs, when... DEMURRER- Time for... DEPOSITS FOR COSTS- Balances to be paid city.. DEPUTY CLERKS- Clerk may appoint, when Judge to sanction. • Clerk to be responsible. Manner of appointment.. Shall take oath of office. May administer oaths... • • May take acknowledgments. May perform all duties of Clerk. Compensation.... DETECTIVES- May keep fees and rewards, when... DISBURSEMENTS— Clerk shall tax Time for taxation. • In detail and verified.. 8 211 8 210 .... 17 220 7 209 7 209 7 209 • • · • • • 7 209 7 209 7 209 7 209 • • • • · • 7 209 17 219 .... 18 221 • • 7 207 8 211 8 212 126 INDEX TO COURT ACTS. J SUBJECT. SEC PAGE DISCHARGE— Clerk.... Deputy Clerks. Prisoners from jail. DISCLOSURE- Of garnishee... DISPOSITION- • Of moneys by Clerk at end of term DISTRICT COURT- Transfer to, of real estate title cases. Judge may act, when.. • Jurisdiction not affected. DIVORCE- No jurisdiction.... DOCKET- Transcript of judgment ... Of Justices of the Peace.. DRAWING JURORS— Manner, time and place.... EFFECT Removal of causes to Supreme Court.. ELECTIONS— Municipal Judge... Special Judge EQUITY ACTIONS- No jurisdiction... EXAMINATIONS- In criminal cases Indictable offenses. EXECUTION- • May issue against goods, etc……. When returnable. Not to issue, when. Of judgment.. FEES- • Clerk of Court shall account for. Jury fees to be paid in advance. Clerk to collect.... Same as in District Court.. · · 4 205 7 209 8 206 15 218 4 206 .... 19 221 • • • 19 221 • • • • • • • D Police officers shall not serve process, when. To be paid to City Treasurer. Witnesses in criminal actions. Unpaid witness fees... • ► 22 222 . 1 204 14 217 22 222 12 214 13 215 2 204 3 205 • 1 204 1 201 16 218 14 216 • • 14 216 14 217 14 217 • 7 207 12 215 17 219 • • • 17 219 • • • 17 219 17 219 17 219 17 220 1 INDEX TO COURT ACTS. 127 SUBJECT. SEC. PAGE FEES-CONTINUED— Shall not be charged against city, county or State. Failure of officer to return.. Police officers not entitled to.. Duty of officers to report fact. Penalty May be paid to officer, when.. FILES- Of former Justices of Peace.. FINANCES AND ACCOUNTS-- Municipal Court... FINES-- Clerk shall receive pay to Treasurer.. If remitted, prisoners to be released. • 17 220 • • 18 220 • 18 220 18 221 18 221 18 221 FORCIBLE ENTRIES AND UNLAWFUL DETAINERS- Return days...... General statutes applicable.. Summons.. • • • FORFEITED BAIL- Paid to Law Library.... FORMS- Process, Court may prescribe. Shall be valid, when May be changed by Court.. Writ of attachment.. Writ of replevin... • Summons, forcible entry, etc. Complaints in criminal cases. Warrants... . . . . . FORMAL COMPLAINTS— Not necessary, when……. FUEL- Clerk to provide... D • 22 222 7 207 7 207 7 208 13 216 • 13 216 13 216 7 208 5 206 5 206 • ► • 5 206 9 212 10 213 13 216 16 218 D • • • • 16 218 FUNCTIONS OF MUNICIPAL JUDGE-- District Judges may exercise... FURNITURE- Clerk to procure.. GARNISHMENTS— Proceedings in.. ... 16 218 21 222 19 221 · 21 222 15 217 15 217 • Service of summons. Disclosures.. • GENERAL CITY ELECTION— Municipal Judges... Special Judge..... 15 218 2 204 2 205 • 128 INDEX TO COURT ACTS. SUBJECT. SEC. PAGE 1 GENERAL LAWS-- Apply to Court... GENERAL POWERS Of Municipal Judge... GENERAL STATUTES-— Prescribe Judges' oath... Supreme Court reports Applicable in bastardy cases. GOODS- Execution may issue. GOVERNOR— Appoint Municipal Judge, when.... GRAND JURY— Prisoners to await. GRATUITIES • Police officer to account for.... 1 209 3 205 3 205 • 13 215 16 219 • 14 216 2 204 7 208 18 220 Failure to turn over, a misdemeanor. Penalties 18 220 · 18 220 • "GUILTY" OR "NOT GUILTY". Plea of defendants. HABEAS CORPUS-- Court cannot issue writ. HENNEPIN COUNTY-- Jurisdiction of Municipal Court.... HENNEPIN COUNTY JAIL-See COUNTY JAIL-- 16 218 5 206 1 204 INDICTABLE OFFENSES-- Examinations... INJUNCTION— Cannot issue writ…….. ITEMS OF ACCOUNT-- Not necessary to plead. JUDGE, MUNICIPAL-See MUNICIPAL COURT-- How elected, term of office, style of office, vacancy, etc………. Qualifications and general powers. May administer oaths.. • Take and certify acknowledgements.. Power as Conservator of Peace.. May appoint or remove Clerk... Processes tested in name of • • Chief Magistrate of City See that laws and ordinances are executed. Shall open Court every morning.. 16 218 5 206 • 8 210 2 204 3 205 3 205 • 3 205 3 205 3 205 5 206 • • 6 207 6 207 6 207 · INDEX TO COURT ACTS. 129 SUBJECT. SEC. PAGE JUDGE, MUNICIPAL-CONTINUED- Hear and dispose of cases. Supervise records of Court · • May appoint in absence of Clerk. Shall review taxation of costs, etc.. Free access to Law Library. . May remit fines, suspend sentences. · May sanction appointment of Deputy Clerks.. May remove Deputy Clerk • • May order bill of particulars. Shall approve bonds • • · D • Direct arrangement of calendar Duty in selecting jurors... Record of motion for new trial • · • Requirements of garnishee summons Complaints in criminal cases A Conservator of the Peace Salary..... In absence or sickness 傻 ​• 6 207 6 207 • 7 207 7 207 7 208 7 208 7 209 7 209 8 210 • · • · 9 212 11 213 12 214 13 215 • • • 15 217 16 218 16 218 • • • • • • • • - • 17 219 19 221 19 221 • 21 222 • • • • • • • May request District Judge to serve. Direct purchase of furniture, supplies, etc. Justices' cases to be transferred, when.. JUDGE SPECIAL- Election of When to act. • • • • Compensation. JUDGE OF DISTRICT COURT- May act, when... JUDGMENT— Not a lien on real-estate, when Lien against real estate, when Not to issue, when... Of Justice of the Peace to be enforced.. JUDGMENT DEBTOR - Execution to issue against.. JURISDICTION~ Municipal Court.. Co-extensive with Hennepin County District Court.. Justice of the Peace JURORS- Manner of drawing Time and place of drawing. Qualifications To serve three months.. • • 22 222 3 205 3 205 • • • • 3 205 19 221 14 216 • 14 217 14 217 22 222 • • 11 216 1 204 • 1 204 22 223 22 223 • 12 214 12 214 12 214 12 214 130 A INDEX TO COURT ACTS. SUBJECT. SEO. PAGE JURORS--CONTINUED- Penalty for absence. Three series to be drawn. Compensation JURY • Manner of drawing.. JURY FEE- To be paid in advance.. JURY TRIALS • Conducted as in District Court…... General laws applicable.... JURY TRIAL- Considered to be waived .... JUSTICE OF THE PEACE-See CITY JUSTICES Jurisdiction of Municipal Court. To transfer cases. Not to act, when.. Dockets to be turned over to Municipal Court.. JURYMEN— To serve three months. LAW LIBRARY- To receive forfeitures.. Judges to have free access LAWS-- General, apply to Court.... • Of State, Municipal Judge to execute. LEGAL VOTERS- Qualification of jurors.... 12 211 12 214 12 215 12 214 12 215 12 214 12 214 12 215 12 204 • • 22 222 22 222 22 222 · • 1 204 7 208 7 208 1 204 6 207 • 12 214 LIEN- Judgments rendered.. 14 216 Against real estate, when 14 217 • LIGHTS-- Clerk to procure….. 21 222 LIMIT-- Liability in attachment suits... 9 212 MANNER-- Of service of summons.. 8 210 MANDATES OF COURT-- Police officer to obey.... MANDAMUS-- Court cannot issue writ. MAYOR- Assist in drawing jurors Shall make police detail 18 220 5 206 12 214 • 18 220 • INDEX TO COURT ACTS. 131 SUBJECT. • • MILEAGE AND PER DIEM- Jurors... MINNEAPOLIS BAR ASSOCIATION- + • To receive forfeitures in Court for library To grant Judges free use of library MINUTES-See STENOGRAPHIC REPORTER- Municipal Court proceedings.... Of Judge, motions for new trial... Of Reporter, motions for new trial. Examinations.. MISDEMEANOR-- Failure of officer to account.... Penalty... MODIFICATIONS--- Of pleadings.. Of notes of issue.. MONTHLY REPORT- Clerk of Court. MOTION FOR NEW TRIAL-- May be heard... MUNICIPAL COURT- Established... Court of record.. Shall have Clerk and seal.. Civil and criminal jurisdiction.. No jurisdiction in divorce action.. No jurisdiction in equity. Vested with District Court powers. General laws apply.... Jurisdiction throughout county. Municipal Judges.... Election of Judges, term of office, vacancies. Qualification of Judges Judges to take oath. Special Judge.... Election and powers, vacancies. Judge shall appoint Clerk.. City Council to give consent. Power to remove Clerk.. • • • • City Council may remove. • • Clerk to take oath of office. Clerk's bond to city.. Bond to be approved by Council .. Condition of bond.. SEC. PAGE 12 215 7 208 7 208 7 207 13 215 13 215 16 218 18 220 18 220 8 211 11 213 7 207 . 13 215 1 203 1 204 • • 1 204 1 204 1 204 1 204 · 1 204 1 204 1 204 2 204 2 204 3 205 3 205 3 205 3 205 4 205 • 4 205 4 205 • • · • • 4 205 4 206 4 205 4 205 4 205 132 INDEX TO COURT ACTS. SUBJECT. SEC. PAGE MUNICIPAL COURT-CONTINUED- Authority to issue processes. Powers of courts of record.. No jurisdiction, when.. Forms of process... • In absence of prescribed forms. Process, how directed. Place of holding Court. Duties of Judge.. Opening Court.. 5 206 5 206 • • • • • • • 5 206 • 5 206 5 206 • • • • 5 206 6 206 1 6 207 6 207 • ► • • • • • 6 207 6 • 207 • • Hearing and disposal of cases. Summary proceedings. · Duties and powers of Clerk. In case of absence of Clerk.. • • Minutes, judgments and records. Costs and disbursements.. Fines, penalties, fees, etc.. Money to be paid to Treasurer.. Forfeited bail, etc., support of Law Library. Judges to have free use of library Monthly report of commitments. • Reports to County Auditor and Comptroller. Release of prisoners Responsibility of Sheriff. Deputy Clerks.... Appointment of Deputies . Deputies' oath and bond. Power of Deputies.... • • · • • • • • · • Regular civil terms, special terms. Civil actions. Service of summons Plaintiff must subscribe Nature of summons.... • Items of account not pleaded Copy of account • · Bill of particulars • • • Proceedings same as District Court · Time for demurrer and reply... Complaint to be filed before service Clerk to note filing... Police officer to serve and return Pleadings as in District Court. Default, how opened..... • • • · • • • • . • • May allow amendments and disregard variances. Plaintiff to give security for costs.. • • 7 207 7 207 · • • 7 207 7 207 7 207 7 207 7 208 7 208 7 208 > • 7 208 7 208 • 7 208 7 209 • • 7 209 7 209 7 209 8 209 • 8 209 8 209 8 209 • • • • • 8 209 8 210 8 210 8 210 8 210 8 210 8 210 8 210 • • 8 210 8 211 : 8 211 8 211 8 211 INDEX TO COURT ACTS. 133 SUBJECT. MUNICIPAL COURT-CONTINUED— Allowances of costs.... Taxation of costs and disbursements Disbursements in detail and verified. Objections and appeals, and hearings. Affidavit in attachment, process, bond and limit Writ of attachment, form of. Attachment proceedings Replevin .... Affidavit in replevin, bond and conditions. Action on bond……. Form of writ of replevin. Notices of trial Calender of causes. Order of trial... Jury trials.... • • • General laws applicable.. Jury, how selected.... Jury to serve three months. Clerk to draw jury for trials. When jurors are challenged or excused. Penalty for neglect to serve. Special venire..... • SEC. PAGE 8 211 8 211 • • 8 212 8 212 9 212 9 212 9 212 10 213 10 213 • • • • • • • 10 213 • 10 213 11 213 11 213 • · • 11 213 • • • 12 214 12 214 • 12 214 • 12 214 12 214 • 12 214 • 12 214 • • • 12 214 12 215 12 215 • • • • • • 12 215 • 12 215 ► 12 215 12 215 12 215 • • • 13 215 13 215 13 215 • 13 216 • 13 216 14 216 14 216 • • • • · • • • • • 14 217 • • 14 217 • 14 217 • 14 217 • • • 14 217 14 217 15 217 • 15 217 Jurors not to serve again. Compensation of jurors Jurors' certificates. Auditor's warrants.. Jury fee to be advanced. Jury waived, when.. • Juror summoned, to be paid. Supreme Court reports.... Removal of causes to Supreme Court. Motion for new trial • • • Forcible entries and unlawful detainers. • General statutes to apply, form of summons Judgment not a lien, until Writs of execution.. Transcript of judgment. • ▸ • · To be filed in District Court Judgment a lien on real estate Judgment executed, when Transcript not to issue, when. New transcript may be given.. Garnishment proceedings Garnishee summons • • • • • • • • 134 INDEX TO COURT ACTS. SUBJECT. MUNICIPAL COURT-CONTINUED Service and return.... Disclosure of garnishee • Complaints in criminal cases Clerk or Judge to issue warrants Form of complaints Court may direct formal complaint.. When offenders shall be in custody. Plea of defendant..... In case of failure to plead... Examinations in indictable offences. Clerk shall keep minutes.... · Bastardy proceedings, General Statutes to apply. Salaries of Judges.. Salaries of Clerk and Deputies.. · • Judges nor Clerks to receive other compensation.. Police to serve process. Fees for service... Witness fees, criminal actions.. Unpaid witness fees.. • Balance of deposits for costs. Fees, if subsequently paid No fees against city, etc.. Police detail.. · • Police officer to pay over gratuities Penalty for failure to pay over... Duty of Chief and Clerk in case of failure. Officers may retain fees and rewards, when. · SEC. PAGE 15 217 15 218 · • • 16 218 16 218 · • • 16 218 16 218 16 218 16 218 ► 16 218 16 218 • 16 218 16 219 17 219 17 219 17 217 17 219 17 219 17 219 · 17 220 17 220 19 220 • • 17 220 18 220 18 220 18 220 • • • • 18 221 18 221 18 221 • • 19 221 19 221 20 221 • 222 County or City Attorney to authorize pursuit of criminal. District Judge may act, when. Real estate title proceeding.. • • 22 222 City and County Attorney to prosecute,. Blanks, stationery, records, furniture, light and fuel, purchase of 21 Proceedings before former Justices of Peace. Dockets, records, etc., to be transferred. Jurisdiction to complete pending trials. Former Justices of the Peace not to act.. Jurisdiction of District Court not affected Jurisdiction of Justices of the Peace MUNICIPAL COURT- Amendments and notes... NE EXEAT-- Court cannot issue writ... NEGLIGENCE-- Of jurors, penalty.. • • • • • • 22 222 22 222 • 22 222 22 223 22 223 226 5 206 12 214 INDEX TO COURT ACTS. 135 NEW TRIAL- SUBJECT. Motion for ... "NOT GUILTY ". Plea, when .... NOTARY PUBLIC- Powers vested in Clerk.. NOTES- Of issue filed with Clerk Subject to modifications. Amendments to court act NOTICE- Of taxation of costs. • Of trial served as in District Court To defendant, garnishment proceedings. OATH- Judge may administer Clerk to administer. • Deputy to administer... OATH OF OFFICE- Judges Prescribed by general statutes Clerk • Deputy Clerk.. OBJECTIONS— • Grounds to be stated in writing... OFFENDERS— When in custody Arraigned without process. • Plea.... • Failure to plead.. Examinations Pursuit of.. Reward for capture... OFFENCES- To be entered on records. OFFICIAL DUTY— Breach of, by Sheriff. OPEN COURT- Duty of Judge, daily. ORDER SEO. PAGE • • • 13 215 16 218 2 207 11 213 • 11 213 226 8 211 D 11 213 15 217 3 205 7 207' 7 209 3 205 3 205 4 205 • 7 209 8 212 16 218 16 218 16 218 16 218 16 218 18 221 18 221 16 218 7 209 . 6 207 Police officer to preserve 18 220 • ORDER OF TRIALS- To be directed by Judge . 11 213 136 INDEX TO COURT ACTS. ORDINANCES-- SUBJECT. SEC. PAGE Judge to execute. PAPERS- Police officers shall serve. Of former Justices of the Peace. PENALTY— Jurors neglecting to attend.. Police officers withholding fees... PER DIEM AND MILEAGE— Jurors attending to receive.. PERSONAL PROPERTY-- Recovery by replevin.. PERSONAL SERVICE- Garnishee summons. PLAINTIFF- • • Or Attorney, must subscribe summons To be allowed costs, when.. Requirements in action of replevin.. PLEA— "Guilty," or "Not Guilty" • PLEADING IN CIVIL ACTION- Items of account not necessary. Same as in District Court.. Subject to modifications Court to allow amendments.. Court shall disregard variances.. POLICE OFFICERS- Bring cases promptly before Judge... Not to serve process, when.. To make return to Clerk.. • State reason of failure to serve. To serve papers.... Note and return fees, etc.. Sufficient number in attendance. Obey mandates of Court. Preserve order... Not to retain fees...... 1 6 207 17 219 22 222 12 214 і 18 220 • • • • • 12 215 ... 10 213 15 217 8 209 8 211 . . 10 213 16 218 i 8 210 8 211 8 211 8 211 8 211 • • 6 207 8 210 8 210 8 210 • • 17 219 ! 17 219 18 220 • 18 220 18 220 • 18 220 18 221 May retain fees and rewards, when POWERS- Court, same as District Court • 1 204 Municipal Judge Municipal Court.. Clerk...... Deputy Clerks. • • • • • • 3 205 5 206 • 7 208 7 209 INDEX TO COURT ACTS. 137 PRESERVE ORDER- SUBJECT. SEC. PAGE Duty of Police Officers. PRESIDENT OF COUNCIL- To draw jurors in absence of Mayor.... PREVAILING PARTY— In action, allowed costs PRISONERS- Committed in default of bail ..…….. Committed to await grand jury Committed under sentence... How released after commitment.. PROCEEDINGS— • Civil actions, same as in District Court Attachment cases. Replevin cases. • Against Garnishee. Bastardy cases.... • • • Of former Justices of the Peace. PROCESS- Court may prescribe form. In absence of form.. . . How directed for service.. How tested, issued, and directed.. Attachment Police officers shall serve. • Former Justices not to issue.. PROHIBITION— Court not to issue writ.... PROSECUTIONS- Duty of City Attorney. Duty of County Attorney. PURSUIT OF CRIMINALS— .... 18 220 12 214 8 211 7 208 7 208 • 7 208 7 208 8 210 9 212 10 213 15 217 16 219 • • • 22 222 5 206 • 5 206 5 206 5 206 9 212 17 219 22 222 5 206 20 221 • 20 222 • • · • • • • • City or County Attorney may authorize.. Reward of officers and detectives.... QUALIFICATIONS— Of Municipal Judges.. Jurors. QUALIFIED ELECTORS-- To elect Municipal Judge... To elect Special Judge. QUO-WARRANTO- • Court cannot issue writ..... • 18 221 18 221 3 205 12 214 2 204 3 205 5 206 138 INDEX TO COURT ACTS. SUBJECT. SEO. PAGE 14 216 14 217 19 221 6 207 16 218 21 222 • 22 222 10 213 8 209 6 207 7 208 7 208 7 208 7 208 4 205 13 215 13 215 • 10 213 10 213 • 10 213 8 210 7 207 • 7 208 • 7 208 7 208 REAL ESTATE- Judgment not a lien, when. Judgment a lien, when... When title is involved RECORD- Court proceedings... • • Of offences, in lieu of complaint. Clerk to procure books for Of former Justices of the Peace... RECOVERY OF PERSONAL PROPERTY- Action in replevin.... REGULAR CIVIL TERM-- Municipal Court... REGULATIONS OF CITY- Municipal Judge to execute... RELEASE OF PRISONERS- When fine is remitted. When fine is paid..... • • When sentence is suspended Manner of release. REMOVAL- Of Clerk.... • • Of causes to Supreme Court. • Proceedings same as in District Court.. REPLEVIN— Plaintiff's complaint in writing. Affidavit required... Bond and conditions. REPLY- Time for REPORTS- Of Clerk · • • Of commitments to County Jail To County Auditor.. To City Comptroller · • • • • Of Supreme Court, application of statutes. RETURN DAYS- Forcible entry and unlawful detainers. General Statutes applicable.. REWARD- Police officers not to retain.... • Failure to turn over a misdemeanor Penalty .. Officers may receive, when • • • • • • • • 13 215 13 216 13 216 • • 18 220 18 220 • 18 220 18 221 INDEX TO COURT ACTS. 139 SALARIES- SUBJECT. SEC. PAGE Judges, Clerks and Deputies No other compensation.. SEAL- Of Court.. Process issued under.. SECURITY— For costs to be required... SENTENCE SUSPENDED— Prisoner to be released. SERVICE~ Of Process. • • Complaint must be filed before.. Filing to be noted by Clerk.... Police officer to make return. Jurors to be compensated for. SHERIFF- Held accountable for prisoners. Breach of official duty, if…….. SPECIAL JUDGE-See JUDGE- Manner of election Term of office.... Powers and duties. Qualifications. Salary.... • SPECIAL TERMS- Municipal Court. SPECIAL VENIRE- Court may issue.. STATE- • • 17 219 17 219 1 204 5 206 8 211 7 208 • 5 206 8 210 8 210 8 210 12 215 7 209 7 209 3 205 3 205 3 205 3 205 • • 17 219 8 209 12 214 No fees to be charged against.. 17 220 STATUTES- Prescribe oath of Judges.. 3 205 Applicable in bastardy cases. SUMMARY PROCEEDINGS- 16 219 Municipal Court.... SUMMONS- 6 207 Service in civil action.... 8 209 Plaintiff or attorney must subscribe.. 8 209 Must be directed to defendant... $ 209 Forcible entry and unlawful detainer. 13 216 Form of summons. 13 216 In garnishment proceedings. 15 217 140 INDEX TO COURT ACTS. SUBJECT. SUMMONS- CONTINUED Requirements... Returnable... Notice to defendant. SUPPLIES- Court to procure.. SUPREME COURT- • • Reports of to be furnished.... Causes may be removed to.. SURETIES-See BONDS- SWEARING WITNESSES- Power of Clerk... TALESMEN-- None in Court.. TERM OF COURT-- For civil actions.. TERM OF OFFICE- Municipal Judge.... Special Judge Clerk.... Deputy Clerk.. • • • TITLE OF REAL ESTATE- When involved TRANSCRIPTS- Of judgment to be filed .... + • · • Of judgment may be issued anew Clerk shall issue... To be filed and docketed. Not to be issued, when.. • • TRANSFER OF PROCEEDINGS- To District Court, when.. Of Justices of the Peace. TRIALS Criminal cases..... D · • · • • Judge to direct the order of..... Notice of served as in District Court. By jury... Conducted as in District Court UNLAWFUL DETAINERS- Return days...... General statutes applicable • • Summons · SEC. PAGE • • • 15 217 • 15 217 15 217 21 222 13 215 13 215 • · 7 207 12 214 8 209 2 204 3 208 4 205 1 7 209 19 221 14 216 14 217 14 217 } 14 217 14 217 • • • • 19 221 22 222 1 204 11 213 11, 213 12 214 12 214 13 216 • 13 216 + 13 216 INDEX TO COURT ACTS. 141 UNPAID WITNESS FEES- Shall be paid to city SUBJECT. May be subsequently claimed VACANCY IN OFFICE- • Governor shall appoint Municipal Judge Same, Special Judge.. Judge to appoint Clerk • Clerk to appoint Deputy. VARIANCES-- • • Between allegation and evidence VENIRE, SPECIAL- Court may issue.. VOID-- • Service from Justice of the Peace, when... VIOLATIONS- Criminal laws of State Ordinances.. • • Regulations and by-laws • Of Ordinances, complaint VOUCHER-- • • • For issuance of warrants.. WAIVED-- Jury trial, when.. WARRANTS, CRIMINAL- Clerk may issue Form • • • • • WARRANT ON COUNTY TREASURER- For jurors' fees.. WHEEL, OR BOX-- For drawing jurors... WITNESSES- Clerk to administer oath Clerk shall account for fees of. Clerk shall pay over fees of.... WRIT- • • Habeas corpus, Court cannot issue Ne exeat, Court cannot issue.. Prohibition, Court cannot issue. Quo warranto, Court cannot issue Attachment, manner of proceedure. Bond and limit.. Form of writ... Service and proceedings. • · SEO. PAGE 17 220 17 220 • • • • 2 204 3 205 4 205 7 209 8 211 ... 12 214 • 22 223 6 207 6 207 6 207 16 218 • 12 215 • 12 215 16 218 16 218 • • • 12 215 12 214 7 207 • • 7 207 • 17 219 • 5 206 5 206 5 206 5 206 9 212 • • • 9 212 9 212 9 212 142 INDEX TO COURT ACTS. SUBJECT. WRIT-CONTINUED- Replevin to recover personal property Form of writ... Execution issued against goods, etc. When returnable... SEO. PAGE 10 213 10 213. 14 216 • • • • • 14 216 COURT- STENOGRAPHIC REPORTER. May appoint Reporter, when and how. To require short-hand records... Transcript of record. To approve same.. • • • Removal of Reporter, vacancies. REPORTER- To keep record in short-hand.. Make transcripts, when.... Salary and fees.... J • • Free transcripts for County Attorney.. Discharge from office, vacancy. 1 223 1 223 2 224 • • • • 3 224 4 224 2 224 2 224 3 224 3 224 • • 4 224 • · • CITY JUSTICES. ELECTION AND TERMS- Three City Justices of the Peace to be elected. Terms of office and districts.... Election, qualification of voters, etc.. JURISDICTION, ETC.- 1 225 • • 1 225 • 2 225 Co-extensive with city limits.. 3 225 Limitation of jurisdiction. 3 225 • Practice, regulated by general laws. 3 225 Appeals to District Court.. 4 226 Conflicting acts repealed.. 5 226 INDEX-BOARD ACTS, FREE SCHOOLS. SEC. PAGE ACCOUNTS- To be kept by Comptroller. ACQUIRING REAL ESTATE- Proceedings • Board may occupy land pending proceedings. ACTIONS-- Board of Education... Judgment, when action brought by Board..... ADDITIONAL TAX LEVY- How made.. • AMENDMENTS- To school act….. ANNUAL MEETINGS- Time of holding…….. APPLICATION- To District Court for Commissioners AUDIT- Duty of Comptroller.... AUTHORITY- To levy taxes. • AYES AND NAYS- Vote to draw orders.. To be taken for purchase or sale of real estate... BALLOTS-- For School Directors. • • Designate term of candidate. BALLOT BOXES – For School Directors.... BEQUESTS- Board of Education may take... BOARD OF EDUCATION— East and West Division consolidated.…….. May sue and be sued May acquire real or personal property. Successor to former Boards.... • 5 304 ... 13 308 13 308 1 300 13 308 • • • 7 305 309 8 306 16 308 5 304 · 7 305 5 304 9 307 3 302 3 302 • • • 3 302 1 301 1 300 1 300 • D • • 1 301 1 301 144 INDEX TO BOARD ACTS. SUBJECT. BOARD OF EDUCATION-CONTInued. Title to real and personal property... Hire, erect, and maintain school houses Employ superintendents and teachers. Receive all moneys accrued, etc.... May appropriate and use moneys May make and enforce contracts. Entire control of schools.. May make By-Laws · · • · • SEO. PAGE 1 301 1 301 1 301 1 301 • 1 301 • • • 1 301 1 301 • 1 302 D • · • • • • • • • • • 2 302 2 302 4 303 • 4 303 • • 5 305 6 305 7 305 10 307 • Election of first Board, term of office. Subsequent elections.. Officers.... City Treasurer shall be Treasurer of Board. Not prohibited from issuing pay-rolls... Regular meetings.. • May make tax levy.. Rules regulating bonds and indebtedness.. Acquiring real estate.. Judgment, when action brought by Board. May occupy land pending proceedings to acquire.. BONDS--See SURETIES—— Comptroller shall countersign.. Not to be issued except.. To be made payable, how. BOOKS- Board to prescribe. BUILDINGS- • • Tax-levy for purchase or erection.... BY-LAWS- Board may make.... 13 308 13 308 • 13 308 • • 5 304 10 307 10 307 1 302 7 305 • • 1 303 Fix regular meetings. 5 305 CERTIFICATE- Of indebtedness 10 307 CITY OF MINNEAPOLIS- Constitute one School District ... 1 300 CITY CLERK- Shall notify Directors of election.... 3 302 CITY COMPTROLLER- Keeps books of account. Countersign all bonds.... Keep account of bonds and moneys. CITY COUNCIL- Shall canvass returns. 5 304 5 304 5 304 • • 3 302 • Shall designate depositories. 5 304 : INDEX TO BOARD ACTS. 145 SUBJECT. SEC. PAGE CITY TREASURER – Treasurer of Board. • Shall give bond to Board.... Shall receive and keep all moneys Shall keep full records... Exemption from liability Make settlements with County CLAIMS- Comptroller to audit... CLASSIFICATION— Of Scholars.. COLLECTION OF TAXES-- How enforced.. COMMON SCHOOLS-- Board to manage. • • • • • CONDEMNATION PROCEEDINGS— To acquire real estate. ... CONSOLIDATIONS- Boards of East and West Divisions.. CONTRACTS- 4 303 4 303 • 5 304 5 304 5 305 7 306 5 304 · • 1 302 7 305 1 311 13 308 1 300 • Board may make and enforce. • CONTROL OF SCHOOLS— Vested in Board of Education. • 1 301 1 301 COUNTY TREASURER- Shall make settlements with city. • COURSE OF INSTRUCTION— Of Scholars.. COURTS- Judgment, when action brought by Board…….. COUNTY AUDITOR— Return of tax-levy. To pay taxes to City Treasurer. CREATION- Of Board.... . . DEED OF CONVEYANCE- How executed.. DEPOSITORIES-- For school funds. Sureties of banks liable. • DIRECTORS-See BOARD OF EDUCATION- DISTRICT COURT-- Appointment of Appraisers.... 1 302 13 308 7 305 7 306 7 306 • + • • • 1 300 9 306 5 304 5 304 • 13 308 146 INDEX TO BOARD ACTS. SUBJECT. DUTIES- Teachers, Board to prescribe. President and Secretary Comptroller.. EAST DIVISION— • • • • • • • Board of Education consolidated with West.... ELECTION - First Board... Subsequent Boards. Rules of city election to apply. Return, judges to make... Same-Council shall canvass. EMPLOYMENT- Superintendents. Teachers... Rules... ERECT SCHOOL HOUSES- • a · • • • • • • · · • ► • • • • • • SEO. PAGE 1 301 5 303 5 304 1 300 2 302 2 302 3 302 3 302 3 302 1 301 1 301 1 301 Board 1 301 • • • EVIDENCE OF INDEBTEDNESS- Comptroller to keep record.. EXAMINATIONS- Of teachers, rules FINANCES- 5 304 1 301 • • • Board may demand and receive. Board may appropriate and use 1 301 1 301 : D FINANCIAL CONDITION- Comptroller to keep record.... FREE SCHOOLS- City one School District Board to constitute one corporation Style, seal and powers... Acquiring real and personal property • Making and enforcing contracts... 5 304 1 300 1 300 1 300 • 1 300 1 301 Successor of former Boards...... Title to real estate and personal property. Control and management of schools and finances. Superintendent and teachers. Rules and regulations.... Classification and management of scholars. Election of Directors and term of office. Subsequent election and vacancies Annual elections, ballot boxes and ballots. Returns and canvass... 1 301 1 301 • • • 1 301 1 301 1 301 1 302 • • · • 2 302 2 302 • • • • 3 303 3 303 INDEX TO BOARD ACTS. 147 SUBJECT. SEC. PAGE FREE SCHOOLS-CONTINUED. City Clerk, notice of election.. Rules of election.... Oath of office of Director. Meetings and officers of Board. • Bonds of Secretary and Treasurer. Orders on Treasurer.. • Duties of Comptroller, bonds to be countersigned. Accounts of bonds, claims audited, etc... Funds, how deposited... Exemption of Treasurer from liability Employes' pay rolls... • 3 303 3 303 4 303 D 4 303 5 303 5 304 · 5 304 5 304 5 304 5 305 • 5 305 6 305 7 305 7 305 • • 7 305 7 306 7 306 8 306 8 306 8 306 • 9 306 • • • • • • · • Regular and special meetings, quorum. Tax levy..... • • Purchase of sites, buildings and repairs. Additional tax levy, return, etc. Collection of taxes... County Treasurer to settle. First meeting of Board.. Temporary organization.. Annual meetings, vacancies, etc.. • • • • Real estate, purchase and sale. Votes to be recorded... Orders, when to be issued. Bonds, etc., when issued, etc Restriction of indebtedness. Old Boards to cease, when.. Condemnation proceedings. Title in fee simple.... Application for Appraisers. Judgments how entered. Entering upon lands, etc.. Possession not to be disturbed. General Statutes, part of act. FUNDS- How deposited .... • • • 9 307 10 307 10 307 10 307 • • • • 11 307 • • 13 308 13 308 13 308 • 4 • • 13 308 13 308 13 308 13 309 • 5 304 Shall be regarded city money. 5 304 ... When deposited, may be recovered by city. 5 304 GIFT- Board may take.. 1 301 GOVERNMENT OF SCHOOLS-- Rules... GRADING- Of scholars. 1 301 1 302 148 INDEX TO BOARD ACTS. INDEBTEDNESS—– SUBJECT. SEO. PAGE Duty of Comptroller.... Purposes of tax levy.. How restricted... JUDGMENTS- In proceedings brought by Board. How entered..... LANDS-- Acquisition of and title... LEGAL MEETING- Whenever majority be present.... LEGAL PROCESS-- Service, etc.... LIABILITY— Banks, having school funds... Treasurer's exemption.... MAJORITY VOTE— Necessary to draw orders... MANAGEMENT- Schools Scholars MEETINGS- Board.... President to preside • • Fixed by rules and by-laws. • • 5 304 • 7 305 10 307 13 308 13 308 • President or two Directors may call special meetings. For annual election of officers. MONEYS- Board to receive... Board may appropriate and use City Treasurer shall receive. Shall pay out, when... NOTES-- To amendments to school act.. NOTICE- Election.... Special meetings. To state time, place and object.. OATH OF OFFICE-- School Directors. OFFICERS— Board.... Duties Election.. • • • • • • ... 13 308 6 305 1 300 5 304 • 5 305 5 304 1 301 • 1 302 • 4 303 5 303 6 305 6 305 8 306 • 1 301 1 301 • · 5 304 • • 5 304 309 3 302 6 305 6 305 4 303 4 303 5 303 • • • 8 306 L INDEX TO BOARD ACTS. 149 OLD BOARDS— To cease.... • SUBJECT. To surrender property. Treasurers to turn over funds.. Penalty for neglect.. • ONE-MILL TAX— When levied.... ORDERS ON TREASURER- President shall sign and Secretary attest... How payable. . . . . . Not to be drawn, when. PAY-ROLLS-- · • Compensation of employes. PERSONAL PROPERTY-- Board may acquire.. PRESIDENT OF BOARD- Election... Shall preside at all meetings Sign orders on Treasurer. May call special meeting. • • • And Secretary, to execute deed of conveyance. PROCEEDINGS- To acquire real estate.... PROPERTY- Title vested in Board.... Board may purchase, when.. Vote to authorize sale.. Board may occupy land pending proceedings. REGULAR MEETINGS- Board.. REPAIRS OF SCHOOL HOUSES-- Purposes of tax levy. • RETURN OF TAX LEVY-- To County Auditor.. • RULES AND REGULATIONS— For examination of teachers.. For government of schools. To regulate meetings.. • • • • 龠 ​Regulating bonds and indebtedness SALE OF REAL ESTATE-- Require vote of five Directors Votes to be ayes and nays.... • • SEC. PANE 10 307 • • 10 307 10 307 • 10 307 7 305 5 303 5 304 • 5 304 ... 5 305 1 301 4 303 5 303 · 5 303 • 6 305 9 306 13 308 1 301 9 306 • 9 306 13 308 6 305 7 307 7 305 1 301 1 301 6 305 10 307 • 9 306 9 307 • • 150 INDEX TO BOARD ACTS. SUBJECT. SEO. PAGE ¡ SCHOOLS- Board to control, support and maintain. Rules for government of · · • Grading, classification and management of scholars.. Board to prescribe books.... SCHOOL DIRECTORS—See BOARD OF EDUCATION— SCHOOL DISTRICT- City of Minneapolis.. SCHOOL FUNDS- Shall be regarded as city money May be recovered as such... Deposited in banks.. SCHOOL HOUSES-- Board may hire, erect and maintain.. May erect on land it does not own. Purposes of tax levy.. SCHOOL PROPERTY- Title vested in Board. • · • • Board to receive moneys. May appropriate and use same. SEAL-- • To be affixed to deed of conveyance. SECRETARY— Election of, etc……….. To keep record of proceedings. Orders, how drawn... Not to issue orders, when.. SETTLEMENTS— For tax collections. SPECIAL MEETINGS- May be called by President.. • 1 301 1 301 1 302 1 302 . 1 300 5 304 5 304 • 5 304 1 301 • • • • • • • • 1 301 7 305 1 301 1 301 • 1 301 • 9 306 4 303 • • • • 5 303 5 303 • 10 307 May be called by two Directors.. Notice to state time, etc..... Majority may act without notice. STATUTES- A part of act..... SUPERINTENDENTS- Board may employ. SURETIES— Treasurer and Secretary. Nature and conditions ... • To be filed with Comptroller • • 7 306 6 305 • 6 305 i • • 6 305 6 305 ... 13 309 1 301 • · 4 303 4 303 4 303 INDEX TO BOARD ACTS. 151 1 SUBJECT. SEO. PAGE TAXES-- Collection enforced. Board to make levy... Purposes of and limitation. Return to County Auditor. TEACHERS- Board may employ. Rules for examination. Board to prescribe powers and duties.. TITLE- To all school property vested in Board.... . . To sites TREASURER- To give bonds UNION- • 7 305 7 305 7 305 • • • • 1 7 305 1 301 1 301 1 301 1 301 13 308 4 303 1 300 2 302 8 306 • • • 5 304 5 304 9 306 • " • 9 307 1 300 Boards of East and West Divisions. VACANCIES IN OFFICE-- School Directors. Officers.. VOTE- To draw orders by ayes and nays Entered on proceedings.. • • For purchase or conveyance of real estate. To be by ayes and nays.. WEST DIVISION— Board of, consolidated with East.... PARKS AND PARKWAYS, ABANDONMENT--See BOARD OF PARK COMMISSIONERS— ABSENCE- From meetings, creates vacancy when. Leave of absence, effect of ABSENTEE- Appointment of Appraisor by Appraisers, when and how...(1) Same-by District Court... ACCEPTANCE AND OATH- Commissioners to file with City Clerk.. SEO. PAGE 11 328 11 328 4 315 (1) 4 315 1 312 152 INDEX TO BOARD ACTS. ACT- To be accepted by voters. Annual city election, 1883. SUBJECT. SEO. PAGE 15 330 · • 15 330 15 330 15 330 • • 16 330 17 330 6 332 332 1 333 • 1 312 1 312 1 313 Ballots, etc..... Board not to act until acceptance by legal voters. Inconsistent acts repealed. Act to take effect.. Relative to Parkways to take effect Amendments to Park Board act.... • • Section of Charter relatives to City Forester, repealed. ADJOURNED MEETINGS—- Of Board... AGENTS-See EMPLOYES— Rules and regulations for .. May be employed or dismissed AGGRIEVED PARTY-See PROPERTY OWNER- ALLEY-See STREETS-- Made a parkway, how…….. ANNUAL CITY ELECTION--See ELECTION-- ANNUAL REPORT-- 1.331 Board to make and publish 1 313 Same to be published in official paper 1 313 D To contain general proceedings and financial statement of.. 1 313 APPEAL-See DISTRICT COURT- APPOINTEES-See EMPLOYES- Park Assessors. APPRAISERS- Appointment and general duty.. Notice and qualification.. Fine for failure to act. May fill vacancies... • Appointees from non-represented wards. District Court to fill vacancies.... Recommendation of parties. Time and notice of hearing.. Notice by publication, when Appraisers to be sworn. Meeting of Appraisers.. • • • • 5 322 (1) 4 315 (1) 4 315 • • (1) 4 315 (1) 4 315 (1) 4 315 (1) 4 315 • • (1) 4 315 (1) 4 315 • (1) 4 315 • • Notice to be published, contents... To view premises and hear evidence. May adjourn from day to day.... Appraisal of damage to property. Buildings, damage if taken.. (2) 4 316 (3) 4 316 (3) 4 316 • (4) 4 316 • (4) 4 316 • • (4) 4 316 (5) 4 316 INDEX TO BOARD ACTS. 153 SUBJECT. SEC. PAGE APPRAISERS-CONTINUED- Same, if owner removes. Separate appraisal, buildings and land. Same, if belonging to different persons. Same, if land subject to lease, • • (5) 4 316 (5) 4 316 • Same, if subject to mortgage or judgment. Same, if estate less than in fee. (6) 4 316 • • • • • (6) 4 316 • (6) 4 316 (6) 4 316 Confirmation not to require payment to parties not entitled (6) 4 317 Report to be filed with Secretary. (7) 4 317 Same, to embrace schedule, description, names, costs, etc...(7) 4 317 APPROPRIATION OF LAND-See DESIGNATION— ASSESSMENTS-See PARK ASSESSORS— Board to determine amount to be assessed. Appointment of Park Assessors.. To distribute total on lands benefited. Proceedings, etc., assessment roll filed. Notice of application for confirmation. Service of same, proofs, etc. Confirmation to bind all parties.. ... Court may revise, correct, amend or confirm.. New assessments when, proceedings Interested parties to be heard.. Objections to be specific, etc.. 5 322 5 322 5 322 • • 5 323 5 323 5 324 • 5 324 5 324 5 324 5 324 • • 5 324 • Objections to amount not available, when. 5 324 Copy of report as confirmed to be filed with County Auditor.. 5 Copies of former roll to be re-filed... Assessments a lien for benefits.. Ten per cent. to be paid annually. County Auditor to include same in general tax list . Collection, etc.. how enforced... • Apportionment of amount, if tracts subdivided. Record in County Auditor's office.. 324 5 324 • • · 5 325 5 325 5 325 5 325 5 325 5 325 Compensation of County Auditor.. 5 325 • Entire assessment may be paid at any time. Allowance to be made for interest. 5 325 5 325 5 325 7 326 Lands to be freed from lien, when. Of tax for payment of interest. ATTORNEY-See EMPLOYES— • May be employed or dismissed ... Fees of paid by Board, when. AUDITOR--See COUNTY AUDITOR— AUSTIN, A. C.- Provisional Park Commissioner • 1 313 • • (12) 4 321 1 312 154 INDEX TO BOARD ACTS. AUTHORITY— SUBJECT. To obtain titles to land.. To condemn land and method of procedure.. AWARD--See DAMAGES. BASSETT. D.— Provisional Park Cornmissioner • SEO. PAGE 3 314 · • 4 314 1 312 BOARD OF PARK COMMISSIONERS Act creating... 1 311 Names of first Board. 1 311 Mayor, ex-officio member... 1 312 Same, Chairmen Council Committee on Public Grounds and Buildings, and Committee on Roads and Bridges 1 312 • Purposes as specified in title of act.. 1 312 Powers subject to restrictions of act. 1 312 • Acceptance of office to be filed. 1 312 • Oath of office.... Meeting for organization. President to be designated.. Vice-President to be designated. Secretary to be appointed.. Vacancies, how filled…….. To constitute a Department. Designation of Department.. • ► • Rules for government of proceedings. Meetings and adjournments... Seal to be adopted.... 1 312 • • • • 1 312 1 312 1 312 1 312 1 312 1 312 1 312 D • • 1 312 · • 1 312 1 312 Rules, ordinances, etc., for agents and employes. 1 312 • Same to be published.. 1 312 Rules, ordinances, etc., for parks and parkways 1 312 Same to be published.. 1 312 • Quorum, majority to constitute.. 1 312 Purchase or lease of lands, ten affirmative votes necessary. Vacancies, filling of, ten affirmative votes necessary. 1 312 • Bonded debt, creating same, ten affirmative votes necessary... 1 312 1 312 • Record of proceedings to be kept.. 1 313 Annual report and publication... 1 313 Statement of receipts and expenditures. 1 313 • • Provisional Board, how constituted... Same, term of office.... Election of Commissioners in 1884.. Terms of same... • Subsequent elections and terms. Vacancies filled by Board.... Compensation, to receive none. • Necessary expenses may be allowed. 1 313 1 313 1 313 1 313 • • • 1 313 1 313 1 313 • • • • • • 1 313 ... INDEX TO BOARD ACTS. 155 SUBJECT. SEO PAGE BOARD OF PARK COMMISSIONERS-CONTINUED Attorneys, surveyors and employes, employment and dismissal 1 313 Compensation of employes.. Same, how payable... • • Contract, Commissioner not to be interested in. Exception, as to owner of lands May receive compensation for same. Not to act officially in such cases.. · • · Parks and Parkways, system to be devised Adjacent to and for use of city.. Same to be designated.. Survey and plat Plat to be filed.. • • • • • • • 1 313 1 313 1 314 1 314 1 314 1 314 2 314 2 314 • • • 2 314 2 314 2 314 2 314 2 314 1 • 314 3 314 3 314 • • • • • • • • To take possession of lands acquired. Improvement, plan, etc.... Title to land in name of city Gift, devise, purchase or lease. Donations of money, lands, etc. Condemnation of land • • Title to vest in fee simple Condemnation proceedings. Property owners to be notified. Ten days' notice in person. Public notice in official paper Time and place of meeting. · • · • • Appointment of Appraisers to award damages. * Board and land-owners to appoint.... Appraisers, selection and qualification.. Report of Appraisers to be made to Board. Interested parties to be notified.... Damages, when and how paid. Same, tender or deposit. Same, pending determination on appeal Same, payable before land is taken.. • • • 3 4 314 4 314 • 4 314 (1) 4 315 (1) 4 315 (1) 4 315 " • • (1) 4 315 · · • · " • • · · (1) 4 315 (1) 4 315 • (1) 4 315 • (7) 4 317 • • • (8) 4 317 • • (9) 4 317 • (9) 4 317 • (9) 4 317 • • (9) 4 318 (9) 4 318 Same, deposited in District Court in disputed case. Removal of building when owner so elects.. Same, time of removal...... Same, payment after removal. • Same, when owner does not so elect or fails to remove Legal disability of owner, guardianship.. Objection to confirmation, when and how If award confirmed, party may appeal. Appeal and proceedings thereon • • (10) 4 318 • • (10) 4 318 • (10) 4 318 (10) 4 318 · • (11) 4 318 · (12) 4 319 · • • • · • (12) 4 319 (12) 4 319 (12) 4 321 ·· (12) 4 321 Abandonment of proceedings for acquisition of land. Board may abandon after determination of appeal 156 INDEX TO BOARD ACTS. SUBJECT. SEO. PAGE BOARD OF PARK COMMISSIONERS-CONTINUED- In which case to pay all attorney fees and expenses. Same, how determined • Description of land when title completed... • (12 4 321 (12) 4 321 (13) 4 321 Statement of same and of damages awarded and paid, and plats to be filed in Registry of Deeds.. Benefits, percentage to be determined • Park Assessors, application for appointment of. Notice of application...... ► • Purchased lands adjacent of vendor, when exempted.. Same, record of exempted lands to be filed in Registry of Deeds Assessment rolls, filing of same in Court and application for confirmation. : • Same, notice of application, and service thereof Same, copy of confirmation to be filed with County Auditor.. Same, re-filing of former rolls.... • • • • Cost of lands for parks and parkways. Voters may authorize issue of bonds Limit as to amount, interest, terms, etc.. Register of bonds to be kept... Parks, etc., pledged for payment. Sale of bonds, when and how • Annual estimate to be sent to County Auditor. • 1 .(13) 4 322 5 322 5 322 5 322 • 5 323 5 323 5 323 5 323 5 324 5 324 5 324 • 6 325 6 326 6 326 • • • 6 326 6 326 6 326 7 326 • Same, to show amount of money needed for succeeding year.. Same, to include payment of interest, improvements, etc...... Same, total amount not to exceed tax of one mill on dollar. 7 327 Proceeds of tax to be placed to credit of Board 7 326 7 326 • 7 327 Same, to be drawn on warrants on City Treasurer. 7 327 Same, to be known as "City Park Fund". Vacation of public roads, etc... 7 327 8 927 Highways and railroads through parks 8 327 Bridges and viaducts over water-courses.. 9 327 Railroads within or on line of parks and parkways. 9 327 Lakes, ponds and streams, regulation and control of. 9 328 • Shore of lakes, exclusive control. 9 328 • • Penalties for violation of rules, etc. 9 328 Sail or row boats not prohibited. 9 328 Removal of Commissioner for misdemeanor or malfeasance... 10 328. Ten freeholders to present charges. • • Vacancy in office, how created.... Leave of absence, Board may grant. • Special assessment of benefits; funds, how expended. Use of parks by public, subject to regulations of Board.. Sale of realty, when proceedings abandoned. Same, deed, how executed... 10 328 11 328 11 328 12 328. • 13 328 13 329 13 329 • • • • • INDEX TO BOARD ACTS. 157 SUBJECT. SEO. PAGE BOARD OF PARK COMMISSIONERS-CONTINUED- Same, District Court to authorize sale.. 13 329 Rules and ordinances, orderly use and enjoyment of parks.... 14 329 Same, penalties for violation.... Same, to take effect from official publication. Same, prosecutions in Municipal Court..... Park Police, Mayor to appoint on request of Board Same, under direction of Board.. • • Same, to be paid out of park funds.. • · 14 329 14 329 * 14 329 14 329 14 330 • • 14 330 15 330 • 15 330 · 15 330 • • • 6 326 7 326 13 328 • · • Act providing for Board to be accepted by legal voters. Same, no proceedings, etc., until so accepted.. Same, vote on acceptance, regulations, etc. BONDS-See SURETIES- Issuance of.. Assessment of tax to pay interest on.. Land required subject to lien of... BONDED DEBT- • Creating same, ten members to consent. Bonds, when and how issued... Limit of bonds to be issued. • • • • • Interest not to exceed four and a half per cent.. Register of bonds, Comptroller to keep.. Bond limit for 1883.. 1 312 Issue of bonds not to make debt of city exceed legal limit.. € Bonds a first lien on parks and improvements. Estimated interest for year... BRACKETT, GEÓ. A.— • Provisional Park Commissioner. BRIDGES AND VIADUCTS-- May be constructed over water-courses and railroads.. BUILDINGS- Damages when owner removes. · 6 326 • • • 6 326 6 326 6 326 6 326 326 6 326 7 326 1 312 • 9 327 (5) 4 316 • (5) 4 316 • • (6) 4 316 • (10) 4 318 (10) 4 318 · · Damages belonging to different persons. Damages when not removed.. When to be removed • • • Further time, when. Damages payable after removal. When Board may appropriate.. Proceeds to park fund... • • • • • CERTIFIED COPY-See TRANSCRIPT- CITY CHARTER-- Provision in, not to affect CITY COMPTROLLER- To countersign warrants. • To keep register of bonds, etc.... (10) 4 318 (10) 4 318 (10) 4 318 16 330 1 313 6 326 158 INDEX TO BOARD ACTS. SUBJECT. SEC. PAGI 1 312 1 331 3 331 3 331 2 314 1 333 2 333 2 333 • 2 333 2 333 2 333 2 333 2 314 (9) 4 318 CITY COUNCIL-- Chairmen of Committees on Public Grounds and Buildings and on Roads and Bridges ex-officio Commissioners... Consent as to designation of Parkways. May lay water-mains in parkways. Special assessments for same.. CITY ENGINEER- Plats of parks to be filed with.. CITY FORESTER- • Provision for, in city charter, repealed.. Board may appoint .... President to recommend General duties. • Inspection of trees, shrubs, etc., offered for sale Planting and culture of trees in streets.. Compensation CITY LIMITS-- Parks to be within and adjacent. CLAIMANTS— • · • Of award, when to apply to District Court.. COMMISSIONERS--See BOARD OF PARK COMMISSIONERS- COMPENSATION— Commissioners not to receive... Except for necessary expenses. • Appointees and employes, to be fixed by Board. · Park Appraisers... Court Appraisers.. City Forester. • 1 313 1 313 1 313 1 313 (12) 4 321 2 333 CONDEMNATION-See BOARD OF PARK COMMISSIONERS, APPRAISERS, Park Assessors, Damages, etc. Board may condemn designated lands When condemned, title to vest in fee simple.. Condemnation proceedings CONFIRMATION-See Board OF PARK COMMISSIONERS and DISTRICT COURT. Awards to be paid within six months. Exception in case of appeal.. CONSTRUCTION--See STREETS. No highway or railroad without consent of Board………. Bridges and viaducts... Parkways • CONTRACT- • - • • * Commissioner not to be interested in. Exception as to land designated.. 4 314 4 314 4 314 (9) 4 317 (9) 4 317 8 327 9 327 1 331 1 314 1 314 INDEX TO BOARD ACTS. 159 SUBJECT. CONTROL AND GOVERNMENT Parkways CONTROL OF STREAMS, ETC.-See WATER- CONVICTION-See MISDEMEANOR. COPY-See TRANSCRIPT- COSTS- Of Appraisers' proceedings, statement of. Appellant's bond for…….. On appeal, to be fixed by Court. Double costs, when.... COST OF LANDS--See PARKS AND PARKWAYS-- Board may borrow money for. COST OF Grading, paving, sidewalks, sewers, etc.... Water mains.. SEO, PAGE 1 331 (7) 4 317 · (12) 4 319 • (12) 4 321 • (12) 4 321 6 325 2 331 3 331 5 324 5 324 COUNTY AUDITOR- Copy of assessment roll, as amended, to be filed with……… Copies of former assessment rolls to be filed... Ten per cent. of assessment to be included in yearly tax list.. 5 Same to be headed "Park Assessments". Proceedings for collecting, same as for other taxes. Subdivision of tracts, when and how. Special records in County Auditor's office. Compensation of County Auditor... • • • 325 5 325 • 5 325 5 325 5 325 5 325 7 326 To receive estimates of amount needed for succeeding year... Amount not to exceed proceeds of a tax of one mill on dollar.. 7 327 Auditor to determine and enter same on general tax list..... 7 327 COURT-See DISTRICT COURT-- Municipal Court to enforce ordinances. CREATION— Of Board of Park Commissioners.. 14 329 1 311 CREATING BONDED DEBT-See BONDED DEBT— CROSS, JUDSON N.— Provisional Park Commissioner. • 1 313 CURBING-See STREETS— Power same as City Council... DAMAGES- To property, appraisal of …………. Interested parties to be heard.. To buildings, how ascertained.. Separate ownership.. Estate less than fee... • • · • Award, objections and confirmation. 2 331 • (4) 4 316. • (4) 4 316 • • (5) 4 316 ..(6) 4 316 • • • (6) 4 316 • (7) 4 317 160 INDEX TO BOARD ACTS. SUBJECT. DAMAGES--CONTINUED-- District Court to determine proper claimant. Appeals to District Court and proceeding. Re-appraisal, when and how.. Frivolous appeals, costs.. Attorney's fees and expenses, when. Assessment of benefits.. Objections, proceedings, adjudication. • DEPARTMENT OF CITY GOVERNMENT Board to constitute.. · • SEO, PAGE (9) 4 318 · • • • • (12) 4 320 (12) 4 320 (12) 4 321 • • • (12) 4 321 5 322 5 324 1 312 (7) 4 317 DESCRIPTION OF LAND-See TRANSCRIPTS- In report of Appraisers... DESIGNATION OF BOARD- "Board of Park Commissioners of the City of Minneapolis"... 1 312 DESIGNATION OF LANDS— | Ten members to consent.... Commissioner not to act, if owner. • • For parks and parkways... 1 312 1 314 2 314 3 314 1 3 314 Condemnation of designated lands.... DEVISE-See PARKS AND PARKWAYS-- Board may receive lands by.. DISTRICT COURT- To fill vacancy of Appraiser, when. Deposit of award in, when disputed claim. To determine party entitled to receive.. To appoint guardian for infant, etc.. Appeal from order of Board on award. Transcript to be filed with Clerk.... Of objection only, if additional appeals. No pleading on appeal... Court to first pass upon irregularities.. Hearing, notice and precedence.. • (1) 4 315 • • (9) 4 318 • (9) 4 318 • • (11) 4 318 • · (12) 4 319 • • (12) 4 319 • (12) 4 320 • • • • (12) 4 320 • • (12) 4 320 • (12) 4 320 (12) 4 320 (12) 4 320 · (12) 4 320 • • (12) 4 320 • • (12) 4 320 (12) 4 320 Judgment to confirm or annul as to property of appellant.(12) 4 320 No further appeal or writ of error. • • If award complained of, and proceedings otherwise confirmed, Appraisers to be appointed • Qualifications etc., to re-appraise damages. Parties to appeal to be heard on appointment. Court to fix time and place of meeting.. Appraisers to be sworn Proceedings on report of Appraisers.. • (12) 4 320 If report is set aside, may re-commit to same Appraisers. .(12) 4 321 Or appoint new Appraisers • (12) 4 321 No appeal or writ of error from any order in the premises. (12) 4 321 i INDEX TO BOARD ACTS. 161 SUBJECT. SEC. PAGE Court to appoint Park Assessors, when and how.. Notice of hearing Costs on appeal DISTRICT COURT--CONTINUED- Compensation of Appraisers.... Double costs, when.. • • (12) 4 321 • (12) 4 321 • (12) 4 321 Court to determine attorneys' fees and expenses of property owner, when • • • .(12) 4 321 5 322 5 322 5 323 5 323 • • 5 324 5 324 • 5 324 • 1 5 324 • • · • 5 324 • Assessment roll to be filed ... Notice of application for confirmation Confirmation to bind all parties Court may revise, amend or confirm New assessment, when... Interested parties to be heard. * • Objections to be specified, etc... • Objections to amount only, how considered • 5 324 May remove Commissioners for misdemeanor or malfeasance. 10 328 May authorize sale of real-estate abandoned for park purposes 13 329 Interested parties to be heard.. Notice as directed by Court.. Court may enforce orders, judgments and decrees. DONATION-See MONEY- EASTMAN, W. W.- 13 329 13 329 • 13 329 • • Provisional Park Commissioner. ELECTION AND TERMS- 1 312 Twelve Commissioners in 1884 Four Commissioners annually. Commissioners in 1888 and subsequently-[Note] EMPLOYES- Rules and regulations for May be employed or dismissed · • Compensation of, to be fixed by Board.. Same, payable from City Park Fund.. ESTATE-See FEE- • When less than fee simple, damages, how appraised.... EVIDENCE- Appraisers to hear interested parties.. Record of description of lands acquired, prima facie. EXEMPT LANDS-See PROPERTY OWNER- 1 313 • 1 313 1 313 1 312 1 313 1 313 • • • 1 313 • • (6) 4 316 • • (4) 4 316 • (12) 4 322 Board may exempt adjacent lands as part consideration... Record of exempted lands kept by Secretary. May be recorded in Registry of Deeds.. • 5 323 5 323 • 5 323 EX-OFFICIO COMMISSIONERS- Mayor and Chairmen of Council Committees on Public Grounds and Buildings and on Roads and Bridges... Provisional Commissioners. 1 312 1 313 162 INDEX TO BOARD ACTS. SUBJECT. EXPENDITURES-See RECEIPTS AND EXPENDITURES Of money received for benefits EXPENSES- Of Commissioners may be allowed.... Of property owners paid by Board, when.. FEE- Title to land to be in fee simple SEC. PAGE 12 328 • 1 313 • • • (12) 4, 321 4 314 Land to be paid for before fee vests. 4 314 When estate less than fee simple, damages, how appraised.. (6) 4 316 FORESTER-See CITY FORESTER-- FREEHOLDER- Appraiser to be... FUNDS--See MONEYS- GIFT-See PARKS AND PARKWAYS-- Board may receive lands by.. Lands for parkways outside of corporate limits. GOVERNMENT-See RULES, etc.- GRADING-See STREETS-- · (1) 4 315 • D • 3 314 • 4 332 Powers same as City Council.. GUARDIAN- Appointment, for one under legal disability Notices to be served upon.... HAUGAN, A. C.~ Provisional Park Commissioner.. HIGHWAY-See ROAD-- IMPROVEMENT OF PARKS-See PARKS AND PARKWAYS-- Proceeds of special assessment, how expended . INFANT See LEGAL DISABILITY- INJURY-See DAMAGES— IRREGULARITIES-See DISTRICT COURT-- ISSUE- Of bonds.... INTEREST--See BONDED DEBT, etc.— On bonds.. Payment of. • · INTERESTED PARTY-See PROPERTY OWNER- JUDGMENT- When land subject to damage, how appraised. JURISDICTION— Police control of lands.... LAKE-See WATER - 2 331 (11) 4 319 · (11) 4 319 1 312 12 328 6 326 6 326 9 326 • • (6) 4 316 14 329 INDEX TO BOARD ACTS. 163 LANDS- SUBJECT. SEC. PAGE Power and authority to obtain title..... Authority to condemn, method and procedure.. Acquired, subject to lien for bonds issued .. Acquired, police control of …….. LAND OWNERS-See PROPERTY OWNERS-- LEASE- · • When land subject to, damages how appraised... LEASING OF LANDS-- Ten members to consent.... LEGAL VOTERS-See VOTERS- LEGAL DISABILITY- 1 3 314 4 314 13 328 14 329 • (6) 4 316 1 312 District Court may appoint Guardian on application......(11) 4 318 LIEN-- Assessments for benefits... Same, how discharged.. • • Bonds on Parks and improvements. Enforcement of, for payment of bonds. LORING, C. M.— Provisional Park Commissioner. MAJORITY-- Of members to constitute quorum • 5 325 5 325 6 326 • • • • • 13 329 1 311 1 312 MALFEASANCE-See MISDEMEANORS- Removal from office for.... 10 328 MAYOR-- Ex-officio Park Commissioner... 1 312 Shall appoint Police, at request of Board 14 329 Board to designate same 14 329 • MEETINGS— Of Board.... 1 312 Absence from, creates vacancy, when 11 328 • • MERRIMAN, O. C.— Provisional Park Commissioner MISDEMEANOR-See PENALTIES- 1 312 Commissioner guilty of, may be removed. Same, as to malfeasance.. 10 328 • 10 328 Trial and conviction in District Court 10 328 • MONEY— Ten freeholders to sign petition Board may receive donations.. Tax collections to be placed to credit of Board .. To be drawn on warrants, how signed, etc.... 10 328 3 314 7 327 7 327 · • To constitute special fund known as "City Park Fund," Proceeds of special assessments, how expended... 7 327 • • 12 3.8 164 INDEX TO BOARD ACTS. MORRISON, D.- SUBJECT. SEC. PAGE Provisional Park Commissioner... MORTGAGE- When land subject to, damages how appraised... MUNICIPAL COURT- Appraisers, when prosecuted therein • • Penalty for failure of Appraiser to act. Enforcement of ordinances in.. NAMES OF OWNERS-- To be given by Appraisers, if known.... NEXT FRIEND- 1 311 (6) 4 316 (1) 4 315 • (1) 4 315 14 329 ..(7) 4 317 May act for infant, etc., in appointment of Guardian ......(11) 4 319 NON-RESIDENTS- How notified of appointment of Appraiser by District Court (1) 4 313 NOTICE-See NOTICE BY PUBLICATION, PERSONAL NOTICE, etc.-- NOTICES-- When to be served on Guardian. Of appeal in District Court….. (11) 4 319 • (12) 4 320 As to hearing on application for attorney's fees, etc.. Of proposed sale of real estate..... • .(12) 4 321 NOTICE BY PUBLICATION— To non-residents, of hearing in District Court and to fill va- cancy of Appraiser... 3 329 · (1) 4 313 To property owners, of meeting to appoint Appraiser.......(1) 4 315 By Appraisers, of plat and meeting to view premises and ap- praise damage..... By Secretary, of filing of Appraisers' report, etc.. Details of notice [note]. • • (3) 4 316 . · (8) 4 317 (8) 4 317 Application to District Court for appointment of Park As- sessors... Meeting of Park Assessors, etc... Application for confirmation of assessment rolls. Sale of real estate [note]……. Sale of real estate.... OATH AND ACCEPTANCE- • C Commissioner to file with City Clerk. OATHS-- Appraisers to be sworn. · Court, Assessor may administer. OBJECTIONS--See DISTRICT COURT-- To be filed with Secretary. Proceedings thereon... • 5 322 5 323 5 323 • • 10 327 13 329 · 1 312 (2) 4 316 5 323 (12) 4 319 .(12) 4 319 į INDEX TO BOARD ACTS. 165 SUBJECT. OFFICIAL NEWSPAPER--See NOTICE BY PUBLICATION—— SEC. PAGE Ordinances to be published in. ORDERS--See WARRANTS- To be countersigned by City Comptroller. OPENINGS--See STREETS--- Powers same as of City Council. ORDINANCES-See RULES, etc.- Board may enact rules and ordinances. To be published in official paper... Relative to City Forester, shade trees, etc. • • ORNAMENTAL TREES-See TREES AND SHRUBBERY-- OSWALD, J. C.— Provisional Park Commissioner OWNERS-See PROPERTY OWNERS-- • Within what time to remove buildings. In case of infant, what to do.... . PARK ASSESSO RS-See ASSESSMENTS-- • When and how appointed, qualifications, etc.. Application to District Court.. Notice of hearing to be published. Court to appoint three Assessors. · • • • 14 329 1 313 2 331 14 329 14 329 2 333 1 312 • .(10) 4 318 (11) 318 5 322 10 10 Assessors to apportion total upon property specially benefited 5 Whether abutting on park or not.... • • Determination deemed to include all lands benefited. Exemption of lands of parties from whom purchased, when.. Assessors to be sworn... Notice of meeting for making assessment. • • Interested parties may be heard... Assessors may administer oaths. May adjourn from time to time. 5 322 5 322 5 322 322 5 322 5 332 5 322 5 322 5 322 5 322 • • • 6 322 5 322 5 322 • • 5 322 5 323 • Assessment roll to be filed with Clerk of Court. Majority of Assessors may concur therein. Proceedings, findings, etc.. PARK ASSESSMENTS-See ASSESSMENTS-- Heading in general tax list.. PARKS AND PARKWAYS--See BOARD OF PARK COMMISSIONERS-- 5 325 Rules and regulations. System to be adopted.. Lands to be designated • To be surveyed and platted Plat to be filed.... • Possession and improvement. Gift, devise, purchase or lease. • 1 312 2 314 • • 2 314 2 314 2 314 • 2 314 3 314 166 INDEX TO BOARD ACTS. SUBJECT. PARKS AND PARKWAYS - CONTINUED Board may borrow money to purchase. Majority of voters to authorize same Bonds to run not exceeding fifty years. When and how issued, conditions. Limit as to amount, interest, etc... Not to exceed bonded debt limit of city Sale of bonds and restrictions.. Estimate for succeeding year. • • • • • • • • Parkways to be controlled by Board.. Same, construction, maintenance, etc Same, regulations as to use, travel and traffic. • SEC. PAGE 6 325 6 326 6 326 6 326 6 326 • 6 326 • 6 326 • • • 6 326 • • • • • • • 1 331 1 331 1 331 Same, not to be made of street unless City Council consents.. Same, powers and jurisdiction of Board...... 1 331 2 331 Same, relative to opening and vacation, same as City Council.. 2 331 Same, grading, paving and curbing... Same, construction of sidewalks and sewers. Same, special assessments for costs.. Same, City Council may lay water mains 2 331 2 331 2 331 3 331 3 331 • • • • • 3 331 4 332 4. 332 4 332 • • • • 5 332 6 32 Same, proceedings same as with public streets Same, special assessments for water mains. Same, lands outside corporate limits.... Same, Board may acquire by gift for extension. Same, Board to have jurisdiction over same. Same, inconsistent acts repealed... Same, act to take effect. PARK COMMISSIONERS--See BOARD OF PARK COMMISSIONERS— PARK POLICE-- Designated by Board.... Appointed by the Mayor... Under control and direction of Board. • May be discharged.... Board to provide for payment . PARK SYSTEM- Creation of Board for.. 14 329 14 329 14 330 • 14 330 • 14 330 • Board to devise and adopt.. To be within and adjacent to city limits. PARKWAY-See PARKS AND PARKWAYS-. PAVING-See STREETS— ... 1 311 2 314 2 314 Power same as City Council. 2 331 PAYMENT-- Not to be made to party not entitled,even though confirmed (6) 4 316 Of damages, when and how. Same, in case of appeal. • • (9) 4 317 • (9) 4 317 ! INDEX TO BOARD ACTS. 167 PAYMENT-CONTINUED - SUBJECT. Same, to be made before occupancy Same, when claims disputed • • • SEO, PAGE (9) 4 318 (9) 4 318 .(12) 4 322 5 325 5 325 Statement of, to each former owner, to accompany description of land for record...... Of assessment, when and how. If at one time, interest deducted Assessment of tax for interest Police ... + • PENALTIES-- For failing to act as Appraiser. • • • • • • 7 326 14 330 • (1) 4 315 9 328 9 328 14 329 For violation of rules relative to use of shores, control of water, etc... • Board may ordain • • Enforced in Municipal Court.. PERCENTAGE-See ASSESSMENT— PERPETUAL PARKS-- Lands to remain forever parks, et c. Use subject to restrictions • Abandoned parks, when and how sold PERSONAL NOTICE-- To property owners, of meeting to appoint Appraisers. To same, of hearing in District Court to fill vacancy of Ap- praisers... Same, of filing of Appraisers' report, etc. Details of notice [note] • Application for confirmation of assessment roll. Personal service of copies and proof of same. Proof as to vacant or unoccupied land PILLSBURY, J. S. -- Provisional Park Commissioner.. PLACE-See TIME AND PLACE- PLATS-See SURVEYS AND PLATS- Register of Deeds to file and record.. PLEADING-See DISTRICT COURT— POLICE-See PARK POLICE- PONDS-See WATER-- POWERS OF BOARD- • 13 328 13 328 13 329 • • • • • (1) 4 315 • (1) 4 315 • (8) 4 317 • (8) 4 317 5 323 5 324 • 5 324 1 311 • • • (12) 4 322 Restricted to provisions of act... 1 312 Authority to obtain title to lands.. 3 314 PRESIDENT OF BOARD-- To be designated by Board.. 1 312 To be a Commissioner.. 1 312 168 INDEX TO BOARD ACTS. SUBJECT. SEC. PAGE PRESIDENT OF BOARD--CONTINUED- Vacancy, how filed.... To certify to descriptions of land acquired, for record. To sign warrants... To execute deed, as directed by Board.. PROCEEDINGS-- Rules for government of. Record to be kept.... • · • + • • Annual report to be published…….. PROCEDURE— Method to condemn land………. PROPERTY OWNERS-- • To be notified of meeting to appoint Appraiser.. To appoint one-half of the Appraisers... To be notified of vacancy to be filled by District Court. To be heard by Appraisers Damage to be paid to, how ascertained.. May elect as to removal of building.. Separate damages for building. Proceedings, if legally disabled. • • • • • 1 312 (12) 4 322 7 327 13 329 • • • · • • 1 312 1 313 1 313 4 314 • (1) 4 315 • (1) 4 315 (1) 4 315 (4) 4 316 і • • (4) 4 316 • (5) 4 316 (5) 4 316 • (11) 4 318 If claiming irregularity in proceedings of Board or Appraisers, may object to confirmation.. Same, if dissatisfied with award.. Objections to be specified, etc.. • · • If Board confirms award, may appeal to District Court...(12) 4 319 Appeal, when and how, bond, etc.. To have transcript of record, etc. Proceedings on appeal, rights of appellant... • .(12) 4 319 • (12) 4 319 • • (12) 4 319 • • (12) 4 319 (12) 4 320 • (12) 4 320 • • (12) 4 321 • • (12) 4 321 • • (12) 4 321 May be heard in event of appointment of new Appraisers.(12) 4 320 Double costs if appeal frivolous or vexatious..... Abandonment within thirty days of determination of appeal.(12) 4 321 Attorney's fees and expenses to be paid.. Same, how arrived at.. PROOF See EVIDENCE- PROSECUTIONS- • For violation of ordinances in Municipal Court..... PROVISIONAL BOARD-See BOARD OF PARK COMMISSIONERS-- PUBLIC PLACE--See STREETS- Made a parkway, how.... QUALIFICATION- Appraiser QUORUM- Majority of members. RAILROAD-See STREETS- 14 329 1 331 (1) 4 315 1 312 I INDEX TO BOARD ACTS. 169 SUBJECT. SEO. PAGE (12) 4 320 (12) 4 320 (12) 4 320 • • (12) 4 320 • (12) 4 320 (12) 4 320 · • (12) 4 321 (12) 4 321 (12) 4 321 (12) 4 321 (12) 4 321 REAL ESTATE--See PROPERTY OWNERS, etc.--- RE-APPRAISEMENT Court may appoint in case of appeal. • • • · Shall be free-holders and residents... Appellant may be heard as to appointments. Appraisers shall be sworn. Shall view premises and hear parties.. • Shall be governed by same rules as former Appraisers To report appraisal of damages. Award final unless set aside for cause Re-committal of award • • Appointment of new Appraisers, when. Compensation of Appraisers RECEIPTS AND EXPENDITURES- Statement of, in annual report.... REGISTER OF DEEDS- • • To file and record plats of lands acquired.. To record certified descriptions of land. Record prima facie evidence of title.... REGULATIONS-See RULES, etc.— Of Parkways REMOVAL-- • From office for malfeasance From office for non-attendance at meetings. REPEAL- Of acts inconsistent with Park System act Of acts inconsistent with Parkway act Of charter provision relative to City Forester • • • 1 313 • • (12) 4 322 (12) 4 322 (12) 4 322 1 331 10 328 11 328 .. 17 330 • 5 332 1 333 ROADS-See STREETS- Board may vacate, when 8 327 Not to be constructed without consent 8 327 RULES, ORDINANCES AND REGULATIONS- For agents, servants and employes. 1 312 For Parks and Parkways... 1 312 RULES OF PROCEDURE – Board shall make.. 1 312 • • SALE OF ABANDONED LANDS- May be authorized by District Court . 13 329 SALE OF BONDS- How sold, etc... 6 326 SALE OF LANDS— Unavailable for park system.. 13 329 Terms, deed, price, etc... 13 329 • District Court to authorize. 13 329 • 170 INDEX TO BOARD ACTS. SUBJECT. SCHEDULE-See APPRAISERS-- Of Appraisers, to accompany report.. SEAL-- Board shall adopt..... SECRETARY— To be appointed by Board Vacancy, how filled. To notify Appraisers of appointment, etc. Appraisers to file report with.... • • SEC. PAGE • (7) 4 317 • . 1 312 1 312 1 312 • (1) 4 315 • (7) 4 317 To notify in person, interested parties of filing of Appraisers' report, etc.. Details of notice [note].. Objection to award to be filed with. Notice of Appeal to be filed with. • • • • Bond of Appellant to be filed with.. To make certified copy of award, etc.. Same to be sent to Clerk of District Court. · • • To certify to description of land acquired, for record.. To keep record of lands exempt from assessment. To sign warrants • To execute deeds as directed by Board. SERVANTS— Rules and regulations for.. SERVICE-See PERSONAL NOTICE- SEWERS--See STREETS- • • • .(8) 4 317 • • • (8) 4 317 • (12) 4 319 • • (12) 4 319 • (12) 4 319 • (12) 4 319 • · (12) 4 319 (12) 4 322 5 323 7 327 • • 11 329 1 312 Powers same as City Council.... 2 331 SHADE TREES-See TREES AND SHRUBBERY-- SHORE--See WATER- SHRUBS See TREES AND SHRUBBERY-- SIDEWALKS-See STREETS-- Powers same as City Council.... 2 331 SPECIAL ASSESSMENTS-See STREETS- Powers same as City Council.... 2 331 STREAMS-See WATER- STREETS- Vacation and closing of... Made on Parkway, Council to consent... Use, travel and traffic... Power and jurisdiction of Board. Opening, vacation, etc..... Grading, paving and curbing. Sidewalks and sewers. Special assessments for costs. • • • + 8 327 1 331 1 331 • • 2 331 2 331 2 331 • 2 331 2 331 INDEX TO BOARD ACTS. 171 SUBJECT. SEC. PAGE TREETS-CONTINUED 3 331 3 331 • · • • • 4 331 1 333 Power and jurisdiction of City Council. Water mains and special assessments. Extension of streets beyond corporate limits. Planting and culture of trees in highways.. SUCCESSORS-- Of Board to have same powers JURETIES- Appellant to furnish. Conditions, etc.... SURVEYS AND PLATS--- Parks and parkways to be surveyed. Plat to be filed with City Engineer. SURVEYORS-See EMPLOYES- May be employed or dismissed.. SYSTEM-See PARK SYSTEM- TAX-See ASSESSMENTS — • • 2 314 (12) 4 319 .(12) 4 319 2 314 • • • • 2 314 1 313 Tax for interest, purchase, improvements, expenses, etc.. Same not to exceed one mill on dollar………. County Auditor to determine percentage Same to be entered on general tax list.. 7 327 • 7 327 7 327 7 327 Tax to be collected same as other taxes. Proceeds to be placed by Treasurer to credit of Board.... TERM OF OFFICE-See ELECTION AND TERMS- 7 327 • • • 7 327 TIME AND PLACE- Of meeting to appoint Appraisers.. TITLE TO LANDS— Authority to obtain. To vest in fee simple.. TRAFFIC- Regulations in Parkways. TRANSCRIPTS- • • • • • Secretary to make, of record in appeal cases. Certify same and send to Clerk of Court. If more than one appeal · • (1) 4 315 • 3 314 4 314 1 331 Description of land, certified and filed in Registry of Deeds..(12) 4 322 Same to show damage awarded, etc.. TRAVEL- Regulations in Parkways.. TREES AND SHRUBBERY- In streets, alleys and public grounds Board may regulate planting and preservation . City Forester to inspect those offered for sale • (12) 4 319 • (12) 4 319 • (12) 4 320 • (12) 4 322 1 331 2 333 2 333 • 2 333 172 INDEX TO BOARD ACTS. SUBJECT. SEC PAC TREES AND SHRUBBERY--CONTINUED To superintend planting and culture.. Board may enact ordinances TRIAL-See MISDEMEANOR- VACANCIES IN OFFICE-- • • • • • President, Vice President or Secretary, how filled Member of Board, ten members to consent to fill. Same, how filled..... 2 33 2 33 • • A • • 1 312 1 312 1 313 Commissioner, by absence 11 328 • • VACANT LAND- Proof of same at time when service should be made...... . . . VACATION OF STREETS--See STREETS-- 5 324 Board may vacate highways, except railways passing through parks.. 8 327 Powers same as of City Council. VALID SALE- Of real estate... VIADUCTS AND BRIDGES-- Construction of…….. VICE PRESIDENT- To be designated by Board... To be a Commissioner Vacancy, how filled.... VIEW AND HEARING-See APPRAISERS-- VOTERS-See ACT- To vote on acceptance of act. WARD- One Appraiser from each.... WARRANTS (ORDERS)- To be countersigned by City Comptroller... WATER- Control of shores, when and how.. Control of entire water of lake, etc……. Penalty for violation of rules, when. Boats not to be prohibited.. WATER MAINS-See STREETS- City Council may lay WELLES, HENRY T.- Provisional Park Commissioner.. WRIT OF ERROR-- Not from order of District Court • 2 331 · 13 329 9 327 • 1 312 1 312 • • • • 1 312 15 330 • • (1) 4 315 1 313 9 328 • • 9 328 9 328 9 328 3 331 1 311 (12) 4 321 INDEX TO BOARD ACTS. 173 COURT HOUSE AND CITY HALL. SEC PAGE .CCESS- To building... CCOUNTING- Auditor and Comptroller. City and County.... CQUISITION— ... Of block seventy-seven.... Terms of sale... ADJUSTMENT OF INTEREST-- Board of Commissioners. AGENTS--- Board may appoint.... Compensation... APPEAL- Damages not to be paid, until. • 10 344 11 345 12 346 • · • • • • • · 4 337 5 338 12 346 3 337 3 337 7 340 Manner of making.. 8 341 Bond to be filed... 8 342 Certified copy of award and objection. 8 342 • APPRAISEMENT- Board may confirm, raise, revise or annul.. Objection of parties.. 7 340 7 340 • APPRAISERS- To award damages.. Shall give notice of meetings.. 6 338 6 338 To view premises, hear evidence, etc. 6 338 To file award 6 339 • ARCHITECTURE- Of Public Building 10 343 AUTHORITY- To issue bonds... 11 344 BLOCK SEVENTY-SEVEN Site for Court House and City Hall... Acquisition of....... To be conveyed to each, county and city.. BOARD OF COMMISSIONERS- Names of first members, etc.. • Term of office, vacancies, etc... 1 335 4 337 4 337 • 2 336 2 336 Make conditions of Treasurer's bond. Rules and by-laws. 3 337 4 337 174 INDEX TO BOARD ACTS. SUBJECT. SEC. PAL 4 33 • • • · • · • 5 23 6 33 • 7 34 7 34 • 7 34 9 34 9 34 • • • • • • • • 9 34 10 34 10 34 • 10 34 • 10 34 10 34 11 34 • • 12 340 12 34 BOARD OF COMMISSIONERS-CONTINUED- Government of agents and employes.... Enter into agreement with Board of Education To appoint Appraisers... May appoint new Appraisers, when. • May confirm, revise, or annul appraisement. If owners fail to remove buildings. • • Make detailed description of property, etc.. Recorded by Register of Deeds.... • Records prima facie evidence. Erection of public buildings. Not to employ prison labor.. Court house to be erected first · To advise with Council Committee Complete and furnish building. To issue bonds.... Adjustment of interest. Final accounting, etc.. • BONDS-See COURT HOUSE-- CHOWEN, W. S.— Member of Commission.. CITY- Final accounting with County. Payment of bonds, City series. CITY COMPTROLLER— • • • . • • · · " 2 336 • 12 340 13 347 Sign and keep record of bonds.... 11 345 CITY COUNCIL- Tax for sinking fund………. 14 347 CITY SINKING FUND-See SINKING FUND- CITY TAX-- Payment of bonds, City series. 14 347 CLOUGH, DAVID M.— Member of Commission. 2 336 COMPENSATION— Board of Commissioners.. 2 336 Secretary of Board.. Agents of Board... CONTRACTOR- Dishonest practice or cheating.... COSTS- In appraisement proceedings.. Of land divided.... COUNCIL COMMITTEE— 3 337 • 3 337 · 3 336 6 339 12 346 • On Public Grounds and Buildings, to advise Commission.... 10 341 i INDEX TO BOARD ACTS. 175 SUBJECT. COUNTERSIGNING BONDS – Evidence of legality. COUNTY AUDITOR-- • Sign and keep record of bonds . COUNTY OF HENNEPIN- Final accounting with city. SEC. PAGE 15 348 11 345 12 346 Payment of principal and interest of bonds, County series..... 13 347 COUNTY SINKING FUND--See SINKING FUND-- COUNTY TAX-- Payment of County series.. COURT HOUSE AND CITY HALL- Designation of site..... Public Buildings to be erected thereon Board of Commissioners designated.. Term, vacancies, compensation, etc. President and Treasurer Secretary and agents Treasurers' bond.. • Acquisition of block seventy-seven. Purchase of site, condemnation. Conveyance to County and City.. Rules and By-Laws... • • • • Sale of block seventy-seven, by Board of Education. Bonds for purchase money School house property may be condemned. Appointment of Appraisers, duties, etc. • 13 347 1 335 1 336 2 336 2 336 • 3 337 3 337 3 337 4 337 • • • • + · • · • 4 337 4 337 4 337 5 337 • 5 337 5 337 6 338 6 339 8 342 8 342 9 343 9 343 • • · • • · • 9 343 10 343 Character of building.. Board to advise with Council Committee. No prison labor product.... Erection of Court House first, City Hall delayed. Deeds, when completed. • • Access to building.. Issue of bonds.... Interest payable semi-annually 10 344 10 344 • • • • 10 344 10 344 10 344 10 344 + • • 11 344 • 11 345 11 345 ► • 11 345 • • • • • • • • • • 11 345 • Hearing, award, confirmation, etc.. Appeal case to District Court Judgment of Court, final.. • • Award, etc., to be recorded…….. Receipts and certificates. Evidence of title to land.. Building to be erected • Limitation of amount of interest. Sale of bonds, etc ... Bonds, "County series" and "City series". Bonds a lien, when • 11 345 176 INDEX TO BOARD ACTS. SUBJECT. COURT HOUSE AND CITY HALL-CONTINUED.- Bonds, how issued and signed, record.. Not obliged to issue equal amounts. Bonds, each series limited. • Bond proceeds, how applied. Accounting between city and county • Sale of bonds from time to time, adjustment of interest.. Final accounting, books of account... Tax for county series, County Sinking Fund. Investment of County Sinking Fund.. Tax for city series, City Sinking Fund. City debt limited... Countersigning evidence of legality. DAMAGES-- To be appraised Not to be paid, when. To be paid owners • • • • • • • • SEC. PAGE 11 345 • 11 345 12 345 12 346 12 346 • 12 346 12 346 13 347 13 347 14 347 15 347 15 348 6 338 6 339 6 339 6 339 6 339 7 340 • • • • • • • • 7 340 7 340 8 342 10 344 10 344 • 10 344 Building and land to be separate. When more than one owner.. Paid by Board.... May be deposited with Court. In case of appeal.. To be determined by jury, when.. DEEDS-- To site.... For Court House, to County For City Hall, to City DELAY-- In erection of City Hall.... DENOMINATION-- Of bonds.. • DESCRIPTION- Of lands to be taken... DESIGNATION OF SITE- Court House and City Hall. DISHONEST PRACTICE-- Commissioners not to allow... DISPUTED OWNERSHIP-- Amount to be deposited... ERICKSON, OLIVER T.-- Member of Commission. EXECUTION OF DEEDS-- By President and Secretary.. • • • • 10 344 .. 11 345 6 336 1 335 + 3 336 7 340 ... 2 336 • 10 344 INDEX TO BOARD ACTS. 177 SUBJECT. FINAL ACCOUNTING- Between County and City.. FRAUD- Commissioners not to allow • • FURNISH-- Public Building · • • GUARDIAN- District Judge may appoint. Notices to be served on GOVERNMENT--- • Of Board of Commissioners. Of Agents and Employes……. HENNEPIN COUNTY- Deed for Court House site INTEREST- On bonds.... Adjusted. INVESTMENT- • • County Sinking Fund. LEGALITY- • Countersigning of bonds evidence of.. LIEN- Bonds, when... LIMITATION-- Delay in erecting City Hall. Time bonds are to run. Interest on bonds.. Amount of bonds. City debt.... LORING, CHARLES M.- Member of Commission MARECK, TITUS— Member of Commission MORTGAGES-- On land to be taken. OBJECTIONS— Manner of making`. Certified copy OSWALD, JOHN C.- Member of Commission.. OWNERS • To be awarded damages SEC. PAGE 12 346 3 337 10 344 7 341 7 341 4 337 • • 4 327 10 344 11 345 12 346 13 347 ... 15 348 • 11 345 10 344 • • • 11 344 • · • • 11 344 • • 1 11 345 • + 15 347 • • 2 336 2 336 6 339 8 341 8 342 2 336 6 338 6 338 • • To be heard by Appraisers... 178 INDEX TO BOARD ACTS. SUBJECT. SEO. PAGE OWNERS-CONTINUED To be paid for buildings.. 6 339 Names to be given in schedule 6 339 • When not found.... 7 340 To give notice of removal of buildings 7 340 Manner of making objections.. 8 241 • OWNERSHIP IN DISPUTE- Amount to be deposited.. 7 340 PAR VALUE- Sale of bonds..... 11 345 POSSESSION- Not taken until payment is made.. 7 340 PRIMA FACIE EVIDENCE- Records .. 9 343 PRISON LABOR- Not to be employed.. PROCEEDS OF BONDS-- How applied.... PUBLIC GROUNDS AND BUILDINGS-- Council Committee to advise Commission. RECORDS Register of Deeds, to make in detail. Of bonds issued.. REMOVAL OF BUILDINGS— To be accomplished in thirty days.. In case of failure to remove... SALE OF BONDS-- Not less than par value Proportionate shares.. SALE OF BUILDINGS- Appropriation of proceeds.. SCHOOL PROPERTY— Condemnation of. SCHEDULE— Of appraisement. SECRETARY- • ... Board may appoint, compensation.... Give notice of proposed confirmation . Make certified copy in case of appeal.. In case of additional appeals... SERVICES- Board to receive no compensation.. 10 344 ... 12 345 10 344 9 343 11 345 7 340 • 7 341 11 345 12 346 7 341 5 338 . 6 336 3 337 6 339 • 8 342 8 342 2 336 INDEX TO BOARD ACTS. 179 SUBJECT. SINKING FUND--(CITY)— Payment of principal of bonds. Investment. SINKING FUND--(COUNTY)—— Payment of principal of bonds.. Investment of fund.. STATEMENT OF COSTS-- In appraisement proceedings.... SWENSEN, LARS- Member of Commission SWIFT, JOHN-- Member of Commission .... TAXES- Payment of bonds, County Series. Payment of bonds, City Series.... TERM OF OFFICE- Board of Commissioners TREASURER- Election, term, bond, etc. VACANCIES- Board of Commissioners How filled... WASHBURN, WILLIAM D.— Member of Commission • • SEC. PAGE 12 347 12 347 13 347 • 13 347 6 339 2 336 2 336 13 347 14 347 • 2 336 3 337 2 336 2 336 * 2 336 ACT, PROVISIONS OF- Composition of Board. President and Secretary Meetings and quorum. • TAX LEVY. • Majority vote to decide questions. Fix maximum rate of taxation.. General City Tax rate.... • School Tax, Park Tax and Library Tax rate. Reduce maximum.... Record of proceedings.. • Transcripts prima facie evidence. 1 349 1 349 2 349 2 350 2 350 2 350 2 350 • + 2 350 2 350 2 350 County Auditor to certify results. 3 351 To be transmitted to County Commissioners. Also, to Council and City Boards.... 3 351 3 351 • No tax levied in excess of limitation, excess of levy void. 3 351 • • INDEX--SPECIAL ACTS. CENTRAL MARKET- Relative to Market Ordinance (Harlow A. Gale) approved Jan- uary 21, 1887.... SEO. PAGE 1 409 Contract and ordinance legalized and confirmed Same as to former contract and ordinance Conditions made operative and binding. 1 410 • 1 410 1 410 BONDS, CITY PURPOSES- City Council to issue.. Denominations, time and place of payment. Semi-annual interest coupons Sale of bonds.. Proceedings by resolution... Issue restricted to five per cent. limit. Issue limited to $1,100,000.. Not to affect other issues. • Authority to issue, evidence of... Proceeds deposited in City Treasury. Used only for purpose authorized. • 1 403 1 403 1 403 1 403 1 403 2 403 • • • • 2 404 2 404 2 404 3 404 3 404 3 404 • 3 404 3 404 · • • • 3 404 3 404 3 404 • 3 405 • 3 405 1 • • • • • • • North Minneapolis sewer tunnel ($100,000) Northeast Minneapolis sewer tunnel ($100,000) Second Ward main sewer tunnel ($25,000).. Seventh Ward main sewer tunnel ($25,000). Board of Education ($50,000).. Pump house and site ($325,000). Water mains $175,000). Work-house ($30,000).. ► · • • Engine Houses, Fire Department, ($50,000). Lock-up and site ($30,000).... • • • • • Permanent Improvement Bonds, payment of ($200,000) Permanent Improvement Fund, proceeds paid into. Exceptions. • Issue and sale restricted to amount necessary. BRIDGE BONDS - FRANKLIN AVENUE- 3 405 3 405 • 3 405 • • • 3 405 3 405 4 405 • 1 406 1 406 . 1 406 2 406 2 106 • Issue, denomination, time and place of payment.... Interest coupons, and sale of bonds.. Proceedings by resolution.. Issue restricted to five per cent. limit Issne limited to $110,000. • INDEX TO SPECIAL ACTS. 181 SUBJECT. BRIDGE BONDS (FRANKLIN AVENUE)-CONTINUED- • Not to affect other issues... Authority to issue evidence of • + • SEO. PAGE 2 407 • • 2 407 • • • 3 407 3 407 4 407 • Permanent Improvement Fund, proceeds placed in Same to be used for iron-truss bridge at foot of Franklin avenue Issue and sale restricted to amount necessary. BRIDGE BONDS--TWENTIETH AVENUE NORTH- Issue, denomination, timeand place of payment Interest coupons and sale of bonds Proceedings by resolution.... Issue restricted to five per cent. limit. Issue limited to $100,000. Not toaffect other issues.. • Authority to issue, evidence of ... • • • • 1 407 1 408 • 1 408 2 408 2 408 2 408 2 408 • 3 408 3 408 • 4 409 Permanent Improvement Fund, proceeds placed in... Same to be used for iron-truss bridge at foot of Twentieth Avenue North Issue and sale restricted to amount necessary. LAYMAN CEMETERY-- Location of Cemetery.. • Width of Lake Street. 1 401 - 402 402 402 402 • 1 402 1 402 2 402 3 402 • City desires to widen same. • Portion of Cemetery needed... No interments in portion needed • • City Council may purchase or condemn. Strip of land to be taken.. Condemnation proceedings.. Inconsistent acts, in charter or otherwise, repealed.. STONE-ARCH BRIDGE— Act authorizing bonds for, amended. • Words "steel arch" in section three struck out. Words "iron or steel arch" inserted.... SUMMARY OF LEGISLATIVE ACTS AND AMENDMENTS-- City Charter Municipal Court. Free Schools • Park and Parkways. • • St. Anthony, former city... Minneapolis, former town and city City of Minneapolis.. Miscellaneous I 1 1 409 1 409 1 409 165 226 309 322 411 411 412 414 INDEX-RULES, ETC. CITY COUNCIL. RULE. PAGE RULES OF ORDER-- President or Vice President to preside. Roll-call and quorum... • • • Reading of Minutes, approval, etc. President to decide questions of order. Decision final unless appeal taken.... Members declining to vote, how recorded.. Three members may demand yeas and nays. Motions to be in writing, exceptions.. Motions withdrawn, when and how... Members to be recognized by chair, when. Debate, how limited...... • • • • Interruptions, when and how permitted. Violation of rules, calls to order Entitled to floor, President to decide.. Adjournment, motion in order, when.. Committees to report facts and opinions.. Reception, acceptance and adoption, effect of.. Motions permitted, pending debate, precedence To lay question on table, not debatable..... Committee of the Whole-Chairman, how selected. Same-Rules to apply, exception. • 1 451 1 451 1 451 1 451 1 451 2 41 2 451 • 3 452 4 452 5 452 6 452 · 7 452 8 452 9 452 10 452 • 11 452 11 452 12 452 13 453 14 453 • 15 453 Same-May rise at any time 16 453 • · Same-Record and report .. 17 453 Previous question, how put and effect. 18 453 Amendments, how not disposed of.. 19 453 Subsidiary motions governed by main question . 19 453 Ordinances, how introduced... 20 453 Same-Two readings at different sessions 21 453 Same-If urgency, two-thirds may permit at same session 21 453 Same-Reading by sections for amendments 22 453 Same- Final passage..... 22 453 Same-Clerk to transmit copy to Mayor.. 23 454 Aldermen, name of entered on Journal, when.... 24 454 Reconsideration, motion by whom and how. 25 454 • Notice may be given, effect of same. 25 454 Clerk to retain matter pending reconsideration. 25 454 • ! ! INDEX TO RULES, ETC. 183 SUBJECT. CITY COUNCIL-CONTINUED- Motion not in order a second time.. Who may make motions at subsequent session. Petitions, etc., how presented.. • Clerk to keep correct record.. Notify Committees, Aldermen and city officers... Keep papers, etc., intact and report loss of documents. Standing Committees.... Order of Business.. • Jefferson's Manual, the guide when no rule. Rules, how suspended, altered or amended. • BY-LAWS- BOARD OF EDUCATION. RULE. PAGE 25 454 25 454 26 454 27 454 • • 27 454 27 454 28 455 • 29 455 30 455 31 455 SEC. PAGE Annual meeting for organization. Election of President and Secretary. President pro tem., when and how. Standing Committees, President ex-officio a member. Regular and special meetings.... Roll call and reading of Minutes. Order of Business.... 1 456 1 456 • • 1 456 2 456 • 3 456 • 4 456 5 457 General duties of President. 6 457 Annual Report 6 457 • • • Yeas and nays. General duties of Secretary, assistants, etc. Committee meetings, powers and reports. Committee on Rules and Regulations... Rules for Board, Schools, etc., amendments. Committee on Finance and Claims.... Estimates, expenses, vouchers, claims, etc. Committee on Buildings and Repairs... • 6 457 • • • • 7 457 • 8 457 9 457 • • · • • 9 457 10 457 10 457 11 458 • Buildings, furniture, improvements, repairs, etc.. Committee on Teachers, Janitors and Salaries.. Lists of teachers, janitors and employes, compensation, etc.... 12 458 Appointments and vacancies.. 11 458 12 458 12 458 Janitor rules, to be enforced and kept posted. 12 458 · · · • • Committee on Printing and Insurance. 13 458 • Estimates, register of policies, etc. 13 458 Committee on Fuel and Supplies. 14 458 Estimates, proposals, etc... 14 458 184 INDEX TO RULES, ETC. SUBJECT. SEO. PAGE 1 BOARD OF EDUCATION-CONTINUed • Distribution of fuel, requisitions for supplies, etc.. Committee on Text Books, Course of Study and Library Music, drawing and penmanship. • Purchase and classification of books…….. Erection and alteration of school buildings, etc.... Contracts, when cost over two hundred dollars. Specifications, bids, bonds, etc.. General duties of Directors.. • RULES FOR GOVERNMENT OF SCHOOLS— Classification of grades.... Primary Schools, control and definition.. • 14 459 15.459 • • • • 15 459 • 15 459 16 459 16 459 • 16 459 17 459 1 460 2 460 Pupils must be six years old, vaccination, etc.. 3 461 Intermediate, Grammar and High School, grades and control.. 4 461 Branch High Schools may be established .... 4 461 Requirement of High-School pupils, when reduced in grade.. 5 461 Examination to pass from lower to higher grade... 5 461 High School course of study, diploma, etc.... 6 461 Public exhibition by graduating class... No presents save diplomas allowed at same Superintendent to act under immediate direction of Board.. Rules and regulations, how enforced.... Classification and general arrangement of schools... Superintendent to visit schools, observe teachers, etc.. To hold Principals and teachers accountable, etc.. To attend to cases of refractory pupils reported... To suspend pupil and report to Board, when.. To examine teachers as to fitness.... To report teachers recommended to Committee on Teachers.. 12 462 To make and enforce regulations for examinations. To see that teachers are prompt.... To procure substitutes and report same, when.. 13 462 14 462 • 14 462 To see that teachers are furnished with necessary blanks, etc.. 15 462 To classify teachers and call them together for instructions... 16 462 To submit monthly report to Board.. 7 461 7 461 ! 8 461 • 8 461 9 461 • 10 462 10 462 11 462 11 462 • • • • 12 562 17 462 • To submit abstract of teachers' report, etc., when. To attend sessions of Board, etc... 17 462 18 462 Principals to have charge of departments of schools. To see that teachers discharge duties, etc..... 19 463 19 463 To admit, examine and assign pupils to class, how. To see that teachers are advised as to rules, etc... To hold meeting of teachers in school, when. To be in attendance before opening school To furnish programme of exercises, etc., when To furnish monthly report.. 20 463 21 463 21 463 22 463 23 463 • 23 463 INDEX TO RULES, ETC. 185 SUBJECT. BOARD OF EDUCATION-CONTINUED- SEC. PAGE Teachers to observe and enforce rules, etc... To be at post prior to opening schools. Tardy teachers to be reported……. • 24 463 25 463 • 25 463 One teacher to remain in building during intermission, when.. 26 463 Teachers to prepare themselves in studies pursued.. To admonish children to be orderly.... . . To inform Principal when unable to perform duties. 27 463 27 463 28 463 To notify parents, etc., daily, of tardiness or absence of pupil.. 29 464 Respect of teachers, obedience, discipline, etc.... Unruly pupils, reprimand of ………. 30 464 • • 30 464 Agents not to exhibit books, or other articles without permit. 31 466 Contributions not to be taken up in schools.. • 31 444 Presents to teacher from pupils, prohibited... Medals and prizes, how awarded. Rules to be read to school... Copies of same to be kept in schools Enrolling pupils, marking absentees, etc. 31 464 31 464 • • 32 464 32 464 33 464 Notice to Superintendent of suspension. Monthly report to Principal, vaccination register, etc. Care and responsibility of schoolroom, furniture, etc. Discharge or suspension of teachers . Improper conduct, unfaithfulness, want of success, etc.. Teacher to give exclusive attention to duties.... Special teachers of music, penmanship, and drawing. Regular teacher to co-operate with special teachers. Monthly reports of special teachers.. Pupil first entering shool, rule governing. Application to enter school, when made.. 4 Removal to another district, certificate of transfer. Admission to district where he does not live Tuition-fee of non-resident pupils.... Same to be paid in advance for year Beginning and division of terms. Legal holidays, etc... • Pupils to be punctual, conformity to rules, etc. Obedience, cleanliness, improper language, etc.. Tardiness, absence, restoration, etc.. Pupil to forfeit seat, when.... Permission of Superintendent for return of pupil.. Truant-playing, leaving without permission, etc.. Penalty for injuring furniture, etc. • 33 464 • 34 464 35 '464 35 464 • 36 464 37 464 37 465 • • 37 465 38 465 39 465 39 465 • • • 40 465 41 465 41 465 41 465 41 465 42 465 • 42 465 43 466 44 466 44 466 • • 44 466 45 466 • 46 466 Absence from regular examinations.. 47 466 • • Assembling about buildings at unreasonable hours. Pupils sent home for untidiness.. 47 466 • 47 466 186 INDEX TO RULES, ETC. SUBJECT. • • BOARD OF EDUCATION-CONTINUED— Pupils afflicted with contagious disease. Time for opening school buildings. Exposure of health at recess, etc.... Examination on passing to another grade.. Average necessary for same. .. • Average necessary to promotion in High School. High School written examinations.. Pupils with low percentage to be reported. Evening schools, terms, vacations, etc... Same-May be discontinued, when.. Same-Sessions of prescribed... • • • • • • • Same-Age, rules and discipline of pupils. Same-Courses of study, how designated. Same- Special teachers to be employed... Same-Compensation of teachers fixed by Board.. Same-Principals to make monthly reports Same-Duty of janitors.. • • Examination of applicants for teachers, appointment.... General average for same. Duties of janitors.. · • Temperature to be kept even... Buildings to be kept closed during vacation.. SEO. PAGE 47 466 • • • • • 48 466 48 466 49 466 49 467 • • 50 457 51 467 51 467 • 52 467 52 467 53 467 • • 54 467 • • 54 467 • 54 467 • 54 467 54 467 55 467 56 468 • D D • · 56 468 • 57 468 57 468 57 468 57 468 • 57 468 58 468 58 468 58 469 • • 59 469 59 469 59 469 59 469 • 60 469 61 469 • 61 469 • • • • • • • 62 469 63 469 64 469 64 469 • • · 65 469 66 470 67 470 68 470 O 69 470 Responsibility for damage to building, grounds, etc.. Drinking and smoking on premises prohibited.. Duties of Clerk of Board. Records, pay-rolls, claims.. • Clerk to visit school buildings regularly, etc..... Superintendent of Buildings, appointments and duties. . Construction and repairs, heating apparatus, etc... Trees, grass-plots, etc... Superintendent to devote entire time, monthly reports, etc. Library-Care of books, maps, etc.... Same-Classification, catalogues, etc. Same--Teachers and pupils only to draw books.. Same--Records of Librarian.. Same-Hours for keeping open. • Same-Pupils to present card from Principal. Same-Dictionaries, maps, etc., not to be taken from. Same-Limitation of time for retaining books.. Same-Liability for damage or loss of book. Same-Violation of rules to be reported. Same-Rules to be kept posted.. • Same-Annual report of Librarian... • • • 1 1 INDEX TO RULES, ETC. 187 BOARD OF PARK COMMISSIONERS. SEO. PAGE RULES AND REGULATIONS- Regular meetings. Special meetings, how called. Hour of meeting... Quorum and adjournment Place of meeting. Notice of special meeting, how given • • • Call for "transaction of general business," effect of Business permitted at special meeting. Meetings called to order, how. • • • 1 470 2 471 3 471 4 471 5 471 6 471 7 471 • 8 471 9 471 Roll-call and reading of minutes. 10 471 Order of Business... 11 472 • Reports, motions and resolutions in writing, when General duties of President.... 12 472 13 472 Yeas and nays, parliamentary practice, etc. President to execute all bonds, contracts, etc Vice President to serve in absence of President.. Same powers, except signing of park bonds General duties of Secretary. 13 472 • 13 472 14 472 D • 14 472 15 472 Other committees to have three members. Records, orders, accounts, vouchers, seal, information, etc Standing Committees... Committee on Improvements to have five members. President to be chairman thereof.. • President may appoint, Board may increase. General duties of Chairman and Committees Committee on Improvements, general supervision of work….. May act in emergency without instructions. Monthly reports and recommendations • Committee on Finance, examination of claims, etc.. Compensation of employes, tax-levy, auditing books, etc. Claims to be certified before presented to the Board. Payment of enployes, pending meeting Committee on Judiciary, proposed legislation Rules, regulations and ordinances Committee on Designation of Grounds. Purchase or sale of lands, names for parks, etc. Committee on Employment and Supplies... Hiring of employes, purchase of supplies, etc Committee on Police, supervision, etc.. May suspend or discharge at will. 15 473 16 473 • • 17 473 17 473 17 473 17 473 · ► 18 473 • 19 473 19 473 19 473 • • • 20 474 20 474 20 474 • 20 474 21 474 21 474 22 474 • 22 474 • • 23 474 23 474 • • • 24 474 24 474 • 188 INDEX TO RULES, ETC. SUBJECT. SEC. PAGE PARK COMMISSION-CONTINUED- Committee on Shore Rights and Privileges.. Use of shores for boating purposes, erection of buildings. Refreshment-stands, bathing-houses, boat-landings, etc. Committee on Entertainments and Winter Sports. Picnics, band-performances, fireworks, etc.... Skating-rinks, toboggan-slides, speeding-tracks, etc..... Committee on Forestry, sale and planting of shade trees. Supervision of work of City Forester. • 25 474 25 474 • 25 474 • • • • 26 475 26 475 26 475 27 475 27 475 28 475 29 475 • • 30 475 31 475 31 475 31 475 A • 32 475 33 475 • 34 476 35 476 36 476 • 37 476 • 37 476 38 476 Board may increase or diminish duties of Committee. Special Committees, when and how appointed... Superintendent, Attorney, Chief of Police, Forester, etc General duties of Superintendent of Parks.. To act under direct supervision of the Board. Pay-rolls, time-checks, inventories, etc... Contingent Labor-Revolving Fund, how used. Orders for supplies, same to accompany claims. Trees, etc., if sold or planted, to be paid for in advance. Warrants for interest, etc.... • Commissioner or Committee not to bind Board.. Bonds to secure payment for material and labor. When required, penal sum, approval, etc Suspension of Rules, amendment or repeal... • • BY-LAWS- LIBRARY BOARD. Regular meetings.... 1 476 • Quorum and adjournments. 2 477 Order of Business.. 3 477 Standing Committees, President to appoint. 4 477 • • Finance Committee, reports of officers.. 5 477 Estimates, collections and disbursements.... 5 477 Building Committee, buildings, specimens and works of art... 6 477 Selection of Janitor, Curator, etc.. 6 477 Library Committee, reading rooms, etc. 7 477 • • • Librarian, books, catalogues, etc. 7 477 Reserved powers of Board.... 8 477 By-Laws, amendments, etc.. 9 477 D • • INDEX TO RULES, ETC. 189 COURT HOUSE AND CITY HALL COMMISSION. BY-LAWS- SEO. PAGE Officers Vice-President, when elected, etc. President, general duties.... 1 478 2 478 · • • • • • • 3 478 3 478 • • 3 478 • Member of all Standing Committees. Special meetings, when and how.. Vice-President, when to act.... • + Treasurer, receipts and disbursements, bonds, etc. Secretary, general duties... Records, accounts, warrants, etc.. Books, documents, papers, reports, etc. Standing Committees... • • • Finance Committee, supervision of finances. • Construction Committee, erection of buildings, etc.. Committtee on Site, acquisition of lands, etc... Auditing Committee, bills and accounts. Special Committees, when and how. President to appoint all committees Order of Business Quorum and adjournment. Contracts, bills, etc., majority of Board to order. Regular and annual meetings.... By-Laws, amendments, etc.. • 4 478 5 478 6 478 6 479 6 479 • • • • • 7 479 7 479 • · • · 7 479 7 479 7 479 7 479 7 479 • 8 479 9 479 10 480 11 480 12 480 • BOARD OF POLICE COMMISSIONERS. RULES OF ORDER- Regular and special meetings 1 480 President and Vice President, duties, rules, etc. 2 480 Order of Business 3 480 Standing Committees. 4 480 • Committee on Rules and Regulations. • Rules, government of employes, etc. Committee on Purchases and Supplies. Purchase and supervision of property, etc. Committee on Appointments and Discipline. Applications, conduct of Police, etc.. Committee on Salaries • • Schedules for payment of employes, etc. Committee on Finance 5 481 5 481 6 481 6 481 • 7 481 • 7 481 8 481 8 481 • • • 9 481 190 INDEX TO RULES, ETC. SUBJECT. POLICE COMMISSION-CONTINUED Claims, accounts, pay rolls, etc · Committee on Complaints.. Charges and investigations. Clerk, duties, records, etc • Surgeon, qualifications and duties. Superintendent, officers, patrolmen, etc. Reserved powers of Board... Rules, amendments, etc.... RULES FOR GOVERNMENT OF POLICE- Qualifications for membership..... Superintendent, general powers and duties Orders, how communicated, etc ..... • • · Superintendent to make weekly and monthly reports. Same-Records to be kept by Assistant Superintendent, duties, etc.' Chief Inspector, duties, records, reports. Inspectors, details for secret service, etc General duties of Inspectors Delivery of property recovered, etc • • Captains, general duties, records, reports, etc Condition of streets, sidewalks, nuisances, etc. Custody of prisoners, arraignments, etc.. Lieutenants and Sergeants, duties, etc. Patrolmen, general duties, etc.. Remain on beats, constant patrol, · • • • • Become acquainted with all parts of beat. Estray children, sudden deaths, accidents, etc. Suspicious characters, notes and reports. Liquor saloons, junk-shops, etc... • • · Gambling, prize-fighting, bawdy-houses, etc. Obstructions on streets, sidewalks, etc... Excavations and openings, nuisances, etc.. Store doors, windows, etc., unoccupied buildings.. Dangerous sidewalks, fires, waste of water, etc. Ashes, garbage, dead animals, etc…… Enforcement of ordinances, reports of violations.. Street beggars, fast driving, cruelty to animals. Street-cars, hacks, illegal fares, stoppages, etc. Blockaded streets, passageways for pedestrians. Assaults, disturbances, etc., arrests for same. May demand assistance from citizens. Vigilance precaution against crime, etc. Arrests on information, when and how. • • • • Not to visit bawdy-houses, saloons, etc., when.. SEC. PAGE 10 481 10 481 • • • • 10 481 11 481 12 481 13 481 • • • 14 482 15 482 482 • 483 • 483 483 • · • • • 483 483 · 483 483 483 · • • 484 • • 484 484 • 484 • • • • 484 485 485 485 · • 485 • 485 • 485 485 486 D · 486 • 486 486 • • • 486 486 486 • 486 486 487 487 487 487 487 INDEX TO RULES, ETC. 191 SUBJECT. PAGE POLICE COMMISSION--CONTINUED-- To keep watch over the same. Arrests, self-defense, abuse of prisoners, etc.. Preservation of property, marking same, etc. Record of work, details, etc.. Daily reports to Captains, etc.. Special Police, rules applicable to. • • Violation of rules, breach of discipline, etc.. • • • · • • • Officers to devote entire time, cleanliness, etc. Conduct and deportment, language, habits, etc.. Intoxicating liquors, s11oking, etc., where prohibited Gambling, card-playing, etc... Signing of petitions, bonds, etc., employment of attorneys.. Disclosure of official matters, compromise with thieves, etc. Gratuities, rewards, gifts, etc. • 187 487 • • • 487 487 488 488 488 1 488 489 • D • 489 489 489 489 • • • 489 190 490 490 D • 490 490 490 • 190 • 490 491 491 • - 491 491 Officers not to receive presents from men. Fairs, exhibitions, voting-schemes, raffles, etc.. Contributions, political assessments, testimonials, etc. Free passes to theatres, on railroads, etc...... Recovered property to be turned over to Clerk. Arrest when warrant in hands of another. How made, use of batons and weapons... ► Not to be made without formal complaint, when. Officers relieved from duty, when and how. Political discussions, record of residences Uniforms, how made and worn • • • • Enforcement of rules, penalty for violations. • • • FIRE DEPARTMENT. RULES FOR GOVERNMENT- Officers, general duties, etc. Captains, general duties.. Riding on apparatus, violation of ordinances. Obstructions to hydrants, cisterns and street-ends.. Escort of visitors, when and how Examination of buildings, combustible goods, etc. Familiarity with streets, buildings, landings, etc.. Suspension of members by Captains, charges, etc. Superintendent of City Telegraph.... Construction, operation, repairs, apparatus, etc. Instruction to officers, interference, etc. Superintendent of Horses, general duties • • • • · • 192 492 492 • 492 • • • 492 492 493 493 • • • • • • • • 493 493 493 193 192 INDEX TO RULES, ETC. SUBJECT. PAGE FIRE DEPARTMENT-CONTINUED- Responding to fire-alarms, imprudent driving, etc. Driving over bridges, viaducts, railways, etc. Racing, accidents, gong-ringing, etc. • · • Wanton conduct of drivers, collisions, penalties, etc. Assistance to police, when and how... Rewards, etc., to be paid to Relief Association. Names entered on "Roll of Merit," and published when. Death of member, draping house, etc.... Religious and political discussions forbidden Politics confined to exercise of suffrage.... Soliciting influence, subscriptions, etc. Officers not to receive presents from men Public property, preservation of same. Fire hats and badges, loss, etc.... • Hydrants, etc., out of order to be reported. Company fund, for blacking, papers, etc.. Qualifications for membership. Medical examination and requirements. Deception, previous dismissal, etc. Additional qualifications.. • • Full membership without probation when. Trial-service, oath of office, entire time, etc. Inefficient candidates, dropped, etc.... Uniform, badge, etc., when and how worn Applications for promotion, renewals, etc. Resignation, when and how accepted... Violation of rules, breaches of discipline. Failure to pay debts, etc... • · • • • • • • • • · 493 493 493 • • 494 494 494 494 • • 494 494 494 494 • • • 494 • 495 495 495 495 495 495 • • + • • · • · 496 496 496 496 496 496 497 497 497 • 497 497 497 497 497 497 498 498 • 498 498 498 • 498 • • • 498 ! 498 499 499 • • 499 Members not to visit saloons while in uniform. Nor smoke on street or loaf in front of quarters. Nor in other company-quarters, saloons, etc.. Intoxicating liquors, gambling, etc., prohibited. Dancing parties, social gatherings, etc., when permitted False reports, idle gossip, etc. • Members violating rules to be reported. Penalty if member fails to report. D Suspension from membership, transfer, etc., when and how. Notice of suspension to absentee, how given Officers giving unwarranted order, penalty. Subordinates protected in obeying same, when. Members resigning, etc., to turn over property. . Charges, when to be made.... • Statement, but no formal charge, against substitute, etc. Necessity of discipline, compliance with rules, etc.. 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