mined by lot, in presence of the city council or board of trustees, in such manner as they shall direct, which candidate or candidates shall hold the office. 60. Notice to persons elected or appointed.] § 12. It shall be the duty of the village or city clerk, within five days after the result of the election is declared or appointment made, to notify all persons elected or appointed to office of their election or appointment, and unless such person shall respectively qualify in ten days after such notice, the office shall become vacant. 61. When no quorum in office-special election.] § 13. If, for any cause, there shall not be a quorum in office of the city council or board of trustees, the mayor, clerk, or any alderman or trustee, as the case may be, may appoint the time and place for holding a special election to supply such vacancy and give notice and appoint the judges thereof. 62. Special elections.] § 14. If there is a failure to elect any officer herein required to be elected, or the person elected should fail to qualify, the city council or board of trustees may forthwith order a new election therefor; and in all cases, when necessary for the purposes of this act, may call special elections, appoint judges and clerks thereof; canvass the returns thereof, and provide by ordinance for the mode of conducting the same; and shall give notice of such special elections, in which shall be stated the questions to be voted upon, and cause such notices to be published or posted for the same length of time and in the same manner as is required in the case of regular annual elections in such cities or villages. ARTICLE V. THE POWERS OF THE CITY COUNCIL. 63. § I. The city council in cities, and president and the board of trustees in villages, shall have the following powers: First-To control the finances and property of the corporation. Second-To appropriate money for corporate purposes only, and provide for payment of debts and expenses of the corporation. Third-To levy and collect taxes for general and special purposes on real and personal property. Fourth-To fix the amount, terms and manner of issuing and revoking licenses. Fifth-To borrow money on the credit of the corporation for corporate purposes, and issue bonds therefor, in such amounts and form, and on such conditions as it shall prescribe, but shall not become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate to exceed five (5) per centum on the value of the taxable property therein, to be ascertained by the last assessment for state and county taxes previous to the incurring of such indebtedness; and before or at the time of incurring any indebtedness, shall provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it falls due, and also to pay and discharge the principal thereof within twenty years after contracting the same. Sixth-To issue bonds in place of or to supply means to meet maturing bonds, or for the consolidation or funding of the same. Seventh-To lay out, to establish, open, alter, widen, extend, grade, pave or otherwise improve streets, alleys, avenues, sidewalks, wharves, parks and public grounds, and vacate the same. Eighth-To plant trees upon the same. Tenth-To prevent and remove encroachments or obstructions upon the same. Eleventh-To provide for the lighting of the same. Twelfth-To provide for the cleansing of the same. Thirteenth-To regulate the openings therein for the laying of gas or water mains and pipes, and the building and repairing of sewers, tunnels and drains, and erecting gas lights: Provided, however, that any company heretofore organized under the general laws of this state, or any association of persons organized, or which may be hereafter organized for the purpose of manufacturing illuminating gas to supply cities or villages, or the inhabitants thereof, with the same, shall have the right, by consent of the common council (subject to existing rights), to erect gas factories, and lay down pipes in the streets or alleys of any city or village in this state, subject to such regulations as any such city or village may by ordinance impose. Fourteenth-To regulate the use of sidewalks and all structures thereunder; and to require the owner or occupant of any premises to keep the sidewalks in front of, or along the same, free from snow and other obstructions. Fifteenth-To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage or any offensive matter in, and to prevent injury to, any street, avenue, alley or public ground. Sixteenth-To provide for and regulate crosswalks, curbs and gutters. Seventeenth-To regulate and prevent the use of streets, sidewalks and public grounds for signs, sign posts, awnings, awning posts, telegraph poles, horse troughs, racks, posting handbills and advertisements. Eighteenth-To regulate and prohibit the exhibition or carrying of banners, placards, advertisements or handbills in the streets or public grounds, or upon the sidewalks. Nineteenth-To regulate and prevent the flying of flags, banners or signs across the streets or from houses. Twentieth-To regulate traffic and sales upon the streets, sidewalks and public places. Twenty-first-To regulate the speed of horses and other animals, vehicles, cars and locomotives within the limits of the corporation. Twenty-second-To regulate the numbering of houses and lots. Twenty-third To name and change the name of any street, avenue, alley, or other public place. Twenty-fourth-To permit, regulate or prohibit the locating, constructing or laying a track of any horse railroad in any street, alley or public place; but such permission shall not be for a longer time than twenty years. Twenty-fifth-To provide for and change the location, grade and crossings of any railroad. Twenty-sixth-To require railroad companies to fence their respective railroads, or any portion of the same, and to construct cattle guards, crossings of streets, and public roads, and keep the same in repair, within the limits of the corporation. In case any railroad company shall fail to comply with any such ordinance, it shall be liable for all damages the owner of any cattle or horses or other domestic animal may sustain by reason of injuries thereto while on the track of such railroad, in like manner and extent as under the general laws of this state, relative to the fencing of railroads; and actions to recover such damages may be instituted before any justice of the peace or other court of competent jurisdiction. Twenty-seventh-To require railroad companies to keep flagmen at railroad crossings of streets, and provide protection against injury to persons and property in the use of such railroads. To compel such railroad to raise or lower their railroad tracks to conform to any grade which may, at any time, be established by such city, and where such tracks run lengthwise of any such street, alley or highway, to keep their railroad tracks on a level with the street surface, and so that such tracks may be crossed at any place on such street, alley or highway. To compel and require railroad companies to make and keep open and to keep in repair ditches, drains, sewers and culverts along and under their railroad tracks, so that filthy or stagnant pools of water cannot stand on their grounds or right of way, and so that the natural drainage of adjacent property shall not be impeded. Twenty-eighth-To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof. Twenty-ninth-To construct and keep in repair culverts, drains, sewers and cesspools, and to regulate the use thereof. Thirtieth-To deepen, widen, dock, cover, wall, alter or change the channel of water courses. Thirty-first-To construct and keep in repair canals and slips for the accommodation of commerce. Thirty-second-To erect and keep in repair public landing places, wharves, docks and levees. Thirty-third To regulate and control the use of public and private landing places, wharves, docks and levees. Thirty-fourth-To control and regulate the anchorage, moorage and landing of all water craft and their cargoes within the jurisdiction of the corporation. Thirty-fifth-To license, regulate and prohibit wharf-boats, tugs and other boats used about the harbor or within such jurisdiction. Thirty-sixth-To fix the rate of wharfage and dockage. Thirty-seventh-To collect wharfage and dockage from all boats, rafts or other craft landing at or using any public landing place, wharf, dock or levee within the limits of the corporation. Thirty-eighth-To make regulations in regard to the use of harbors, towing of vessels, opening and passing of bridges. Thirty-ninth-To appoint harbor masters, and define their duties. Fortieth-To provide for the cleansing and purification of waters, water-courses and canals, and the draining or filling of ponds on private property, whenever necessary to prevent or abate nuisances. Forty-first-To license, tax, regulate, suppress and prohibit hawkers, peddlers, pawn-brokers, keepers of ordinaries, theatricals and other exhibitions, shows and amusements, and to revoke such license at pleasure. Forty-second-To license, tax and regulate hackmen, draymen, omnibus drivers, carters, cabmen, porters, expressmen, and all others pursuing like occupations, and to prescribe their compensa tion. Forty-third To license, regulate, tax and restrain runners for stages, cars, public houses, or other things or persons. Forty-fourth-To license, regulate, tax or prohibit and suppress billiard, bagatelle, pigeon hole or any other tables or implements kept or used for a similar purpose in any place of public resort, pin alleys and ball alleys. Forty-fifth-To suppress bawdy and disorderly houses, houses of ill-fame or assignation, within the limits of the city, and within three miles of the outer boundaries of the city; and also to suppress gaming and gambling houses, lotteries, and all fraudulent devises and practices for the purpose of gaming or obtaining money or property; and to prohibit the sale or exhibition of obscene or immoral publications, prints, pictures or illustrations. Forty-sixth-To license, regulate and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented li quor, the license not to extend beyond the municipal year in which it shall be granted, and to determine the amount to be paid for such license: Provided, that the city council in cities, or president and board of trustees in villages, may grant permits to druggists for the sale of liquors for medicinal, mechanical, sacramental and chemical purposes only, subject to forfeiture, and under such restrictions and regulations as may be provided by ordinance: Provided, further, that in granting licenses such corporate authorities shall comply with whatever general law of the state may be in force relative to the granting of licenses. Forty-seventh-The foregoing shall not be construed to affect the provisions of the charter of any literary institution heretofore granted. Forty-eighth-And the city council in cities, and president and board of trustees in villages, shall also have the power to forbid and punish the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquor to any minor, apprentice or servant, or insane, idiotic or distracted person, habitual drunkard, or person intoxicated. Forty-ninth-To establish markets and market houses, and provide for the regulation and use thereof. Fiftieth-To regulate the sale of meats, poultry, fish, butter, cheese, lard, vegtables, and all other provisions, and to provide for place and manner of selling the same. Fifty-first-To prevent and punish forestalling and regrating. Fifty-second-To regulate the sale of bread in the city or village; prescribe the weight and quality of the bread in the loaf. Fifty-third To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, cotton, tobacco, flour, meal and other provisions. Fifty-fourth-To regulate the inspection, weighing and measuring of brick, lumber, fire wood, coal, hay, and any article of merchandise. Fifty-fifth-To provide for the inspection and sealing of weights and measures. Fifty-sixth-To enforce the keeping and use of proper weights and measures by vendors. Fifty-seventh-To regulate the construction, repairs and use of vaults, cisterns, areas, hydrants, pumps, sewers and gutters. Fifty-eighth-To regulate places of amusement. Fifty-ninth-To prevent intoxication, fighting, quarreling, dog fights, cock fights, and all disorderly conduct. Sixtieth To regulate partition fences and party walls. Sixty-first-To prescribe the thickness, strength and manner of constructing stone, brick and other buildings, and construction of fire escapes therein. |