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SEC. 15. No mayor or alderman of said city shall, during the period for which he is elected, be directly or indirectly pecuniarily interested in any contract let or to be let under the authority of said city, or in any payment to be made thereon, and if any such person shall violate the provisions of this section he shall be deemed guilty of a misdemeanor under the laws of this territory, and shall be prosecuted therefor in the district court, and, on conviction thereof, shall be fined not less than two hundred and fifty dollars, nor more than six hundred dollars, or imprisonment three months, or both such fine and imprisonment; and in all contracts involving the expenditure of one hundred dollars or more the city council shall advertise the same, with specifications, for a period to be prescribed by ordinance, and award the same to the lowest responsible bidder, and they shall advertise all contracts.
SEC. 16. This act is declared to be a public act, and may be read in evidence in all courts of law and equity within this territory without proof.
Sec. 17. Whenever the mayor shall absent himself from the city, or resign, or die, or his office shall otherwise become vacated, the board of aldermen shall immediately proceed to elect one of their number President, who shall be mayor pro tem, until the office shall be filled by election as herein provided, and any vacancy in elective offices occurring sixty days prior to any regular election shall be filled within twenty days from the date of occurrence of said vacancy by special election to be called as herein provided, the officer so elected to serve until the next regular election.
SEC. 18. The city marshal and the constables within said city of Billings shall be authorized to have power to execute anywhere within the county wherein said city may be located all processes issued by the police magistrate of said city, or other city magistrate within said city, and the said marshal shall have power to do all the acts that a constable may lawfully do, and shall receive the same fees that are allowed to constables in similar cases, and shall give bonds as constables are required by law to give.
SEC. 19. All actions brought to recover any penalty or forfeiture under this act, or any ordinance, by-law, or police regulation made in pursuance thereof, shall be brought in the corporate name of
In all prosecutions for any violation of any ordinance, by-law, or other regulation, the first process shall be by summons,
unless oath or affirmation shall be made for a warrant as in other cases.
SEC. 21. Upon rendition of judgment, the officer rendering such judgment may require the defendant to be confined in jail for a term not exceeding three months, and every person so committed shall be confined one day for each five dollars of such judgment and costs, unless he
The police magistrate shall have jurisdiction in all cases of violation of the city ordinances, and shall have the same jurisdiction in all civil and criminal proceedings as is now or shall hereafter be conferred upon other justices of the peace of this territory, and, in all courts of this territory, said police magistrate shall be held to be and he is hereby constituted a justice of the peace;' but no change of venue shall be allowed from said police magistrate to any justice of the peace for the hearing or determination of any case when proceedings shall be commenced against any person or persons for the violation of any city ordinance.
The duties of all officers mentioned in this act, not herein prescribed, shall be prescribed by ordinance.
There shall be a city attorney, who shall also act as city clerk, city assessor, who shall also act as city treasurer and collector, and city marshal, elected as hereinbefore provided. The police magistrate shall be a justice of the peace in said county, and he shall have the exclusive jurisdiction of all offenses against the ordinances of the city. The city attorney, city assessor, and city marshal shall severally discharge the duties usually pertaining to said offices, respectively, and the manner thereof may be prescribed by ordinance.
SEC. 25. This charter shall be submitted to the qualified voters of the city of Billings on or before the first Monday in April, 1885, at one convenient place therein, by directions of the commissioners appointed in this act. The ballots shall have printed or written thereon: "For the Charter," or "Against the Charter," and if a majority of the votes so cast at this election shall be in favor of the charter, then this act shall be in full force and effect; but if a majority of the votes so •cast shall be against the charter, then this act shall remain suspended, unless thereafter enforced as herein set forth.
SEC. 26. Peter Larson, Albert L. Babcock, and Sidney H. Irwin, Louis A. Fenske, and John W. Ramsey are hereby constituted and
appointed to act as commissioners, and to serve in such capacity until the first board of aldermen of said city shall be elected and duly qualified. Such commissioners, or any three of them, shall, if a majority of the electors of the said city vote in favor of this charter, within twenty days after its acceptance as aforesaid, proceed to lay out the territory embraced within the city limits of said city of Billings into three wards, and fix the boundaries of the same; and shall also provide for holding the first election herein appointed in the several wards of said city; shall fix the place for holding said election in each of said wards; shall appoint the persons to act as judges of election in each of said wards, who shall be sworn, and whose places may be filled, in case they do not serve, as provided by law in other elections. Said election shall be held and returns thereof made and certified in all respects as provided by law for the election of members of the legislative assembly. A copy of said returns of said election shall be then immediately delivered to the commissioners, who shall canvass the same within three days from the time received; and the persons receiving the highest number of votes for the several officers to be elected under this act, and the aldermen of each ward, shall be declared by said commissioners, or any four of them, duly elected to said offices. If two or more persons shall, at said election, receive the same number of votes for one of said offices, the commissioners shall determine the same by lot. Thereafter, on the first Monday in April, each annual election shall take place,
SEC. 27. In case of rejection of this charter by a majority of the voters at the first election, or at any time or times thereafter when sixty of the qualified voters of said city shall petition said commissioners for a re-submission of said charter, then it shall be the duty of said commissioners to again submit the adoption or rejection of this charter to a vote of the qualified voters of said city, and if upon said second submission a majority shall adopt this charter, then the same shall be in full force and effect from the time of its adoption. Said re-submission shall be conducted as in section 26 provided, and whenever said commissioners, or a majority of them present in said city, shall be of the opinion that an incorporation is desired they may re-submit said charter so many times as in their judgment shall be proper for adoption or rejection, in the manner in said section provided.
SEC. 28. And in case of occurrence of any vacancy, cause whatever, in said board of commissioners, the remaining number of members shall appoint others to fill the said vacancy or vacancies; and shall so do that the provisions of this act shall not fail at any time.
SEC. 29. This act shall take effect and be in force from and after
Approved March 10, 1885.
AN ACT to incorporate the city of Dillon.
Be it enacted by the Legislative Assembly of the Territory of
ARTICLE I.-OF BOUNDARIES.
SEC. 1. That the inhabitants of the town of Dillon, in Beaverhead county, and territory of Montana, be and are hereby constituted a body politic and corporate, by the name and style of the city of Dillon, and by that name shall have perpetual succession; and the inhabitants of said city, under the name and style of the city of Dillon, may sue and be sued, plead and be impleaded, defend and be defended, in all courts of law.and equity and in all actions whatsoever; and may keep and use a common seal, and alter the same at pleasure.
SEC. 2. All that territory embraced within the following limits, to-wit: Beginning at the point of intersection of the center of Bannack street with the center of the main track of the Utah and Northern railroad; and running thence with said railroad south-westerly, one-half of a mile, to a point in the center of said railroad track; thence at right angle with the main railroad track, and in a southeasterly direction, one-half mile; thence on a line parallel with the Utah and Northern railroad, in a north-easterly direction, one mile; thence north-westerly, and at right angle with said railroad, one mile; thence south-westerly, and parallel with said road where it passes through the city of Dillon, one mile; thence south-easterly, and at right angle with said railroad, one-half a mile, to the center of said railroad, the place of commencing of said boundary.
SEC. 3. Whenever any tract of land adjoining said city of Dillon shall be laid off into town lots, and duly recorded, as may be required by law, the same shall be annexed to and become a part of the city of Dillon.
SEC. 4. The inhabitants of the city of Dillon, in the name of the city of Dillon, shall have power to purchase, hold, and receive property, both real, personal, and mixed, either in or beyond the limits of said city, for burial grounds, and for other purposes, for the use of the inhabitants of said city.
ARTICLE II. OF THE CITY COUNCIL.
There shall be a city council, to consist of a mayor and board of aldermen.
The board of aldermen shall consist of two members from each ward, to be chosen by the qualified voters, for two years, and until their successors shall be elected or appointed and qualified.
SEC. 3. No person shall be an alderman, unless at the time of his election he shall have resided within the limits of the city six months next preceding his election, and shall have the requisite qualifications to vote for members of the legislature, be a resident of the ward for which he is elected, and a citizen of the United States.
SEC. 4. If any alderman, after his election, die, resign, or remove from the ward for which he was elected, or fail to qualify within 30 days after his election, his office shall be declared vacant.
SEC. 5. The mayor and alderman shall serve without compensation from the city government or funds of the city, until there shall be three thousand inhabitants in said city; and when the population shall exceed three thousand the mayor shall receive such compensation as the city council shall determine.
SEC. 6. At the first meeting of the city council the aldermen shall be divided by lot into two classes. The seats of those of the first class shall [become) vacant at the expiration of one year from the first election, and the seats of the second class at the expiration of two years; so that one-half shall be elected annually.
SEC. 7. The city council shall be the judge of the qualifications and returns of their [its] own members, and shall decide all contested elections under this act.
Sec. 8. A majority of the city council shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, under such penalties as may be prescribed by ordinance.
The city council shall have power to make the rules of its proceedings, punish members for disorderly conduct,