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and the enforcement of such penalties; and all moneys collected under or by authority of any city ordinance shall be deemed to be taken to belong to said city for the general use and benefit of the inhabitants thereof, for the purpose herein provided.
SEC. 24. The city council shall have power to make all ordinances which shall be necessary and proper for carrying into execution the powers specified in this act, so that such ordinances incur no indebtedness whatever, except as provided by this instrument, and necessitate no levying of taxes exceeding three mills on each dollar, except as provided in sections seven and eight, in article seven, and be not repugnant to nor inconsistent with the constitution of the United States or the organic act of this territory: Provided, that no ordinance shall take effect until it has first been presented to the mayor for his approval. If he approve, he shall sign it; but if not, he shall return it to the council, or to the city clerk, if the council be not in session, with his objections thereto, in writing. The council shall, at its next meeting after the return of any such ordinance, cause the objections of the mayor thereto to be spread at length upon its journal, and shall proceed to reconsider it. If, after such reconsideration, three-fourths of the council shall vote to pass such ordinance, the same shall take effect and be in force, the mayor's objections thereto notwithstanding; but in all such cases the vote shall be by yeas and nays, and the names of the persons voting for or against the ordinance shall be entered upon the journal. If any ordinance is not returned by the mayor, or filed with the city clerk within two days, Sundays excluded, after he shall have received it, the said ordinance shall take effect and be in force in like manner as if he had signed it. If an ordinance contain several appropriations of money the mayor may approve as to some of the items thereof, and disapprove as to others.
SEC. 25. To license, tax, and regulate auctioneers, merchants, peddlers, retailers, taverns, hotels, bakeries, restaurants, drinking saloons, billiard halls, hawkers, brokers, pawnbrokers, gambling houses, bankers, assay offices, professional men, barber shops, livery stables, wash houses or laundries, insurance agencies, photograph galleries, and theatrical and other exhibitions, and other amusements, and all branches of business: Provided, no license levied or imposed by the city council shall exceed in amount one-fourth of the license required to be paid by the statutes of this territory for like business.
SEC. 26. The city shall have no power to incur or make any city indebtedness, for any purpose whatever, to exceed the sum of $5,000 : but if the sum of any indebtedness shall exceed $5,000 the question of incurrence thereof shall be submitted to the duly qualified voters of said city, as provided in sections 7 and 8 of article 7 hereof.
Sec. 27. The style of the ordinances shall be "Be it ordained by the city council of the city of Billings.”
SEC. 28. All ordinances of the city council shall, within ten days after they have been passed, be posted in three public places in said city, and shall not be in force until they have been posted as aforesaid.
SEC. 29. All ordinances of the city council may be proven by the seal of the corporation, and when printed in book form, or pamphlet form, and purported to be printed and published by authority of the corporation, the same shall be received in evidence in all courts and places without further proof.
ARTICLE VI.—THE MAYOR.
The mayor shall preside at all meetings of the city council, and, in case of a tie, he shall have the casting vote, and in no other; in case of the non-attendance of the mayor at any meeting, the board of aldermen shall appoint one of their number as chairman, who shall preside at the meeting, but shall not thereby lose his right to vote on any question before the board; and in the discretion of the city council during the temporary absence or incapacity of the mayor, it may appoint one of its members to act as mayor pro tem during the interim, with all the powers of mayor, and subject to all his limitations provided by this act.
The mayor, or any two aldermen, may call a special meeting of the city council, the city clerk, on their requisition, giving reasonable notice in writing thereof to all members of the city council present in the city.
SEC. 3. The mayor shall at all times be vigilant and active in enforcing the laws and ordinances of the government of the city. He shall inspect the conduct of all subordinate officers of said city, and cause negligence or positive violation to be prosecuted and punished. He shal: from time to time communicate to the aldermen such information, and recommend such measures, as in his opinion may tend to the improvement of the finances, police, the health, security, and comfort of the city.
Sec. 4. He is hereby authorized to call on every male citizen of said city, over the age of eighteen years, to aid in the enforcement of the laws and ordinances, and, in case of riots, to call out the militia to aid in suppressing the same, or other disorderly conduct, preventing and extinguishing fires, for securing the peace and safety of the city, or of carrying into effect any law or ordinance; and any person who shall not obey such call shall forfeit to said city a fine not exceeding twenty-five dollars.
He shall have power, whenever he shall deem it necessary, to require of any of the officers of said city an exhibit of his
books and papers.
SEC. 6. He shall have power to execute all acts that may
be required of him by any ordinance made in pursuance of this act.
Sec. 7. He shall also have such power as may be vested in him by ordinance of the city in and over all places within five miles of the boundaries of the city, for the purpose of enforcing the health and quarantine ordinances and regulations thereof.
Sec. 8. In case the mayor shall be guilty of a palpable omission of duty, or shall willfully and corruptly be guilty of oppression, malconduct, or partiality in the discharge of the duties of his office, he shall be liable to be indicted in the district court of the proper county, and, on conviction, he shall be fined not more than five hundred dollars, and the court shall have the power, upon the recommendation of the jury, to add to the judgment of the court that he be removed from office, and forever thereafter be disqualified from holding office under this act, or any ordinances of said city.
ARTICLE VII.-MISCELLANEOUS PROVISIONS.
SEC. 1. The city council shall have the power, for the purpose of keeping the streets, lanes, avenues, and alleys in repair, to require every able-bodied male inhabitant in said city, over the age of twenty-one and under forty-five years, to labor on said streets, lanes, avenues and alleys, not exceeding one day in each and every year; and every person failing to perform such labor, when duly notified by the street commissioners, shall forfeit and pay two dollars for said day so neglected or refused to be used in improving the public streets.
The members of the city council and firemen shall, during their term of office as such, be exempt from working out any road or street tax, and shall likewise be exempt from serving in the militia of the territory, or on any jury.
Sec. 3. The council shall have power to provide for the punishment of offenders by imprisonment and hard labor in all cases where such offenders shall fail or refuse to pay the fine and forfeiture which may be recovered against them according to the laws of this territory.
SEC. 4. The city council shall have power, by ordinance, subject to the restrictions of sections 5 and 6 of this article, to levy and collect a special tax on holders of lots on any street, lane, avenue, or alley, according to their respective fronts, for the purpose of paving, grading, or planking sidewalks, and lighting such street, lane, avenue, or alley: Provided, such tax shall not exceed the actual cost of such sidewalks and lighting, respectively, which tax shall be collected in the same manner as other city taxes.
SEC. 5. That no special tax for the purposes specified in section 4 shall be levied on the holders of any lots in any block situated within the limits of such portion of the south-east quarter of section 32, township i north, range 26 east, as may now or hereafter be included within the corporate limits of the city, until the improvement for which such tax is proposed to be levied be first petitioned for by the holders of at least two-thirds of such lots.
Sec. 6. That no such special tax shall be levied on the holders of any lots in any block not specified
block not specified in section 5, unless such block fronts on Minnesota or Montana avenue, until the owners of at least two-thirds of such lots as are owned by residents of the city, and upon which lots in said block such special tax is proposed to be levied, first petition for said levy.
SEC. 7. That no levy or assessment of taxes or incurrence of a debt beyond $500, not heretofore provided for, shall be made by said city council, except upon a vote of two-thirds of the members thereof, and every levy of taxes or issue of bonds for each purpose shall be set forth in a section of an ordinance by itself.
Sec. 8. After the passage of said ordinance by such vote the same shall be published in at least one city newspaper for at least one week if daily, and two weeks if weekly, together with a notice that the same will be submitted to a vote of the tax-paying real estate holders of said city, on a day and at a place in each of the wards to be named, which election shall be conducted as is provided
of an of an
in other cases, and the ballots shall be "For section ordinance entitled (giving title)," or "Against section ordinance entitled (giving title);" and if two-thirds of said voters shall approve the same the said ordinance shall be in full force; but if not approved the same shall be void.
SEC. 9. The city council shall provide the detailed method of conducting such elections, not inconsistent with this act, but nothing in this and the two preceding sections shall affect the passage of ordinances levying taxes for the maintenance of the city police (not exceeding two in number), the payment of the night watchmen (not exceeding two in number), paraphernalia for extinguishing fires, cleaning streets, enclosing and protecting cemeteries, maintaining and keeping in repair the property of the fire department, and necessary notices in all of the city newspapers.
SEC. 10. That the city shall not be liable for any costs in any suit prosecuted in its name in its own courts, nor shall any fees taxed exceed in amount the items of fees allowed for similar services to other officers in this territory.
All fines and forfeitures collected for offenses committed, or penalties incurred, within the incorporation limits of the city of Billings, shall be paid into the treasury of the said city by the officer collecting the same, with details of sources and on what account paid out.
The city council shall cause to be published, quarterly, in all newspapers of said city, a general statement of the finances of said city, showing in condensed form what moneys have been received, and from what source, and the amount and purpose for which moneys have been paid out or expended. The books of the city assessor and treasurer shall be open, at all proper hours, to the inspection of any tax payer of said city, or other person
SEC. 13. All suits, actions, and prosecutions instituted, commenced, or brought by the corporation hereby created shall be prosecuted in the name of the city of Billings.
Sec. 14. Appeals shall be allowed from decisions in all cases arising under the provisions of this act, or any ordinance passed in pursuance thereof, to the district court, and every such appeal shall be granted in the same manner, and with like effect, as appeals are taken from and granted from justices of the peace under the laws of this territory.