USA > Illinois > Gallatin County > Shawneetown > Directory, charter and ordinances of the city of Shawneetown, with a brief reference to the resources of Gallatin County, 1872 > Part 4
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§ 4. The city attorney shall prosecute all violators of ordi- nances of the said city. He shall be the legal adviser and attorney of the said corporate authorities, and shall receive such salary and other compensation as shall be agreed upon by the city council for his said services, to be paid out of the city treasury. He shall be responsible to the said city council for his conduct in office and may be removed by them for a suf- ficient canse.
§ 5. The city marshal shall also be collector of the city reve- nue, and shall have power to appoint, one or more deputies, in writing, for whose conduct in office the marshal shall be at all times responsible. He shall promptly arrest all violators of any ordinance and carry them before the city judge, and shall have power to summons witcesses, without written subpæna, to appear and give evidence ; and upon the failure of such witnesses to attend the city judge shall forthwith issue an attachment against thein for contempt. The city judge shall proceed to the trial of such offenders forthwith, in his discretion, or as soon as the witnesses can be brought before him : and if either the city or
CHARTER AND ORDINANCES.
the offender is not ready for trial the city judge may continue the trial, not more than three days, and may admit the offender to give bond for his appearance before the said judge at the time named therein : which bond shall be made payable to the City of Shawneetown. and collectable by action of debt, before the city judge. Any person who is fined for breach of any ordi- nance of said eity may replevy the same, by giving security for the payment of such fine and costs. within three months : and at the expiration of the said three months, if the fine and costs be not paid, the city judge shall render a judgment against the principal and his securities and forthwith issne execution thereon. directed to the city marshal : and every person fined for violat- ing any ordinance may pay such fine by labor on the streets of said city or on any public works of said city or in a work-house of said city, under the directions of the marshal. in such manner as may be determined by ordinance. All process issued by the city judge shall be directed to the city marshal. who shall receive the same fees as are allowed a sheriff, by statute. unless changed by ordinance.
$ 6. The marshal is hereby made a conservator of the peace of Gallatin County, and shall have power to summons any white male inhabitant of said Gallatin County or city, over the age of eighteen years. to aid him in arresting or securing any offender against the laws of this State or any ordinance of said city ; and any person failing to assist him, when so summoned, shall be reported by said marshal to the city judge. and punished in such manner as prescribed by the statute or as may be provided by ordinance.
$ 7. He shall receive a salary of not less than one hundred dollars, nor exceeding two hundred dollars, per annum, besides his fees ; which salary shall be paid out of fines assessed and collected in said city, and in no other way : and upon any omis- sion or neglect of duty said marshal shall be removed by the city council, who shall appoint his successor, until the next regu- lar election.
$ 8. The city marshal shall act as street commissioner and market master. and perform such duties as may be prescribed by ordinance.
ARTICLE VI.
OF THE LEGISLATIVE POWERS OF THE CITY COUNCIL.
$ 1. The city council shall have power and authority to levy and collect taxes upon all property. real and personal, within the limits of the city. not exceeding one-half of one per cent. per annum upon the assessed value thereof, and may enforce the payment of the same in any manner, to be prescribed by ordi- nance, not repugnant to the Constitution of the United States. or this State.
§ 2. The city council shall have power to require of all officers elected or appointed in pursuance of this charter. bonds, with
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penalty and security, for the faithful performance of their re- spective duties, as may be deemed expedient, and also to require all officers appointed or elected to take an oath for the faithful performance of the duties of their respective offices, before entering upon the discharge of the same. To borrow money and pledge the revenue of the city for the payment thereof : Provided, that no sum or sums of money shall be borrowed at a greater interest than ten per cent. per annum, for ordinary purposes.
$ 3. To make regulations to prevent the introduction of con- tagious diseases into the city ; to make quarantine laws for that purpose and enforce the same within five miles of the city.
$ 4. To make regulations to secure the general health of the inhabitants ; to declare what shall be a nuisance. and to prevent and remove the same.
§ 5. To open. alter, abolish, widen. extend, establish, grade, pave or otherwise improve avenues, streets and alleys and other public highways.
§ 6. To divide the city into wards, alter the boundaries thereof. and erect additional wards, as occasion may require.
$ 7. To establish, support and regulate night watches.
§ 8. To erect market houses, to establish market places, and provide for the government and regulations thereof.
$ 9. To provide for all needful buildings, for the use of the city : also water for the use of the city.
§ 10. To provide for the inclosing, improving and regulating all public grounds belonging to the city.
§ 11. To license, tax and regulate auctioneers, trading boats, merchants, retailers. grocers, taverns. hawkers, peddlers, brokers and bankers.
$ 12. To license, tax and regulate hackney carriages, wagons, carts and drays, and fix the rates to be charged for the carriage of persons, and for the wagonage. cartage and drayage of property.
$ 13. To license, tax and regulate theatrical and other exhi- hitions, shows and amusements.
§ 14. To license. restrain, prohibit and suppress tippling houses and dram shops.
§ 15. To regulate the storage of gunpowder. tar. pitch, rosin, and other combustible material.
§ 16. To provide, by ordinance. for the manner and time of assessing and collecting city taxes, where the same may not be fully provided for in this charter.
§ 17. To provide for the inspection and weighing of hay and stonecoal. the measuring of charcoal, firewood, and other fuel, to be used or sold in the city. and designate, by ordinance, where the same shall be sold.
§ 18. To provide for the taking the enumeration of the inhab- itants of the city.
§ 19. To regulate the election of city officers, and to provide 2
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for the removing from office any person holding an office created by ordinance.
§ 20. To fix the compensation. by fees, commission, or other- wise, and regulate the fees of jurors, witnesses and others, for services rendered under this act, or any ordinance in the city court or otherwise, in the city limits.
§ 21. To regulate the police of the city ; to impose fines and forfeitures and penalties, for the breach of any ordinance, and to provide for the recovery and appropriation for such fines and forfeitures, and the enforcement of such penalties.
§ 22. The city council shall also have power to make all ordi- nances which shall be necessary and proper for carrying into execution the powers specified in this act, so that such ordi- nances be not repugnant to nor inconsistent with the Constitu- tion of the United States, or this State.
§ 23. To provide for lighting the streets and erecting lamps thereon.
§ 24. To improve and preserve the navigation of the Ohio River within the city limits.
§ 25. To erect, construct, regulate, repair and control all pub- lic wharves and docks within the city, and to fix the rate, and to provide for the collection of wharfage or rent therefrom.
§ 26. To regulate the stationing, anchoring, or mooring of all kinds of water crafts within the city.
§ 27. To license, tax, regulate or restrain, prohibit or suppress billiard tables, ten-pin alleys, tippling houses, and dram shops, and to suppress gambling houses, bawdy houses, houses of assig- nation and ill-fame.
§ 28. To provide for the prevention and extinguishment of fires, and to organize and establish fire companies ; to regulate or prevent the erection of manufactories dangerous in causing fires ; appoint fire wardens and property guards, with power to remove and keep away from the vicinity of any fire all idle or suspicious persons, and to compel any person or persons present to aid in extinguishing fires, or in the preservation of property exposed to the danger of the same, and prevent goods from being purloined thereat, and with such powers and duties as may be prescribed by ordinance.
§ 29. To prevent the running of horses, mules or asses within the streets or alleys or city limits. or riding, leading, or hitch- ing the same upon the sidewalks, and shall prevent the exhibi- tion of stallions, jackasses or bulls within the streets or alleys, and prevent obstruction of (sidewalks. by awnings, signs, goods or boxes, or other obstructions.
§ 30. To prevent and restrain any riot, noise, open indecen- cies, disturbance or disorderly assemblies, in any house, street, or place in the city, and to prevent the violation of the Sab- bath day.
§ 31. To prevent and remove all encroachments upon all streets, lanes. avenues, alleys and public grounds.
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CHARTER AND ORDINANCES.
§ 32. To exercise complete and perfect control over all property belonging to the city, real or personal, either within or beyond the city limits, and the same to improve, lease, sell or dispose of, and generally to make, pass, award, amend, publish and repeal such rules, regulations, and ordinances as shall be deemed advisable, for the maintenance of the peace and good government of the city, and for the trade, commerce and manu- factures thereof, not repugnant to the laws and constitution of the State, and to enforce the observance of all such rules, regu- lations and ordinances, and to punish violations thereof by fines, penalties and imprisonment ; and any person against whom a fine or penalty shall be assessed, who shall fail, neglect or refuse to pay the same, may be imprisoned in the calaboose or city jail, or be required to labor on the streets or other public works of the city as aforesaid, and in such manner as may be prescribed by ordinance.
§ 33. To prevent the bringing and burial of dead bodies within the city.
§ 34. To regulate or prevent and prohibit the use of fireworks or the discharge of firearms within the city, except in the defense of persons or property, or at a proper public assembly or cele- bration, or by any military company or organization.
§ 35. To regulate, restrain or prohibit the running at large of horses, cattle, swine, sheep, goats and poultry, and to authorize the distraining, impounding and sale of the same, for the costs of the proceedings and the penalties incurred, and to impose penalties upon the owners thereof for a violation of any ordi- nance in relation thereto.
§ 36. To regulate or prohibit the running at large of dogs, and to authorize their destruction when at large contrary to ordinance, and to impose penalties upon the owners. keepers or harborers thereof.
§ 37. The council shall have exclusive power within the city to license, regulate or suppress, groceries, bars, tippling houses and beer shops, and all places where spirituous or fermented liquors are sold ; and all sums of money which shall be received for such licenses shall be paid into the city treasury for the use of the city.
§ 38. To restrain and punish vagrants, mendicants, street beggars and prostitutes.
§ 39. To compel the owner or occupier of any grocery, cellar, soap or tallow chandler, blacksmithery, tannery, stable, slaugh- tering house, establishment for rendering or steaming lard, tal- low, offal, or any other substance. packing houses, breweries, distilleries, privies or other places, or establishments where nauseous, offensive or unwholesome business may be carried on, to cleanse, remove or abate the same, and to direct their location, regulate their construction, or to abate or prohibit them within the limits of the city altogether.
$ 40. To authorize and direct the taking up and providing for
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CHARTER AND ORDINANCES.
the safe keeping, apprenticing or education of such children as are destitute of parental care or direction, and as'are found wandering about the streets, growing up in mendicancy, igno- rance, idleness and vice, and committing mischief and depreda- tions, including all minors. negroes and mulattoes, under the age of twenty-one, who shall be apprenticed to white persons by the city judge.
§ 41. The city council shall have power, by ordinance, to levy and collect a special tax on the owners or holders of any lots on any street, avenue or alley, or part thereof, according to the respective fronts owned or held by them, for the purpose of pro- viding or repairing such streets, sidewalks or gutters, drains or curbing, and shall have power to appropriate money for the opening of roads and highways, and the construction of bridges and culverts for the benefit of the city, beyond as well as within the limits of the city.
§ 42. The city council shall have power, and it is hereby made their duty, to protect the city against vagrants : they shall require, by ordinance, that the city judge shall have all idle per- sons, suspected as being vagrants, brought before him, and he shall investigate said person or persons upon their oath, and shall have power to call witnesses in said investigation, touching their character and vocation. If said person or persons, sus- pected of vagrancy, upon such examination shall be found of suspicious and idle character, without any landable employment. the said city judge may enter an order upon his docket, a copy of which shall be served upon said vagrant or vagrants, by the city marshal, notifying said vagrant or vagrants to leave the city within ten days thereafter, under a penalty of not exceeding fifty dollars, to be recovered as other penalties for the violation of ordinances : Provided, said vagrant or vagrants may. upon receiving said notice, give bond and security. to be approved by said judge, for his or their maintenance and good behavior. the penalty of said bond not to exceed one thousand dollars.
§ 43. The style of the ordinances of the city shall be-" Be it ordained by the City of Shawneetown."
§ 44. All ordinances passed by the city council shall, within ten days after they shall have been passed, be published in the newspaper in the city having the largest circulation, or by post- ing one copy of each ordinance in each ward, and shall not be in force except as aforesaid, until they shall have been published as aforesaid for five days.
§ 45. All ordinances may be proven by the seal of the corpora- tion or the oath of the city clerk, and when printed and pub- lished in book or pamphlet form and purporting to be published by authority of the corporation as in force, the same shall be received in evidence in all courts and places without further proof.
ARTICLE VII.
§ 1. All real estate and personal property, within the limits
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CHARTER AND ORDINANCES.
of the city of Shawneetown, shall be subject to taxation by the city council for the use and benefit of said city.
§ 2. The assessor shall prepare an assessment roll, with the following caption, in substance : "An assessment roll of all the real and personal property within the limits of the City of Shaw- neetown, made by the assessor of said city for the year," and shall set down in separate columns-First : The names of all the owners, if known. of real estate within the limits of said city. If the owner is unknown, it shall be so stated. Second : The description of the real estate opposite the name of the owner or the word "unknown." Third : The value of the real estate opposite the description. Fourth : The amount of tax assessed opposite the value. Said assessment roll shall also contain, in parallel columns-First : The names of the owners of personal property subject to taxation, in alphabetical order. Second : The assessed value of the personal property taxed to each indi -. vidual. Third: The amount of tax on each individual's per- sonal property.
$ 3. After the said assessment roll shall have been thus completed, the assessor shall attach his certificate to said roll. certifying the said roll is true and correct, according to his best information ; and said roll, so certified, shall, on or before the second Saturday in July, of each year, be returned to the city council in session or to the mayor.
§ 4. Previous to the second Saturday in August, of cach year, the said assessment roll may be inspected by any person inte- rested in the same. At the regular meeting of the council, on the second Saturday in August, of each year. and not afterward, the said council shall hear the application of any person who may consider himself or herself aggrieved by the said assess- ment. and. on being satisfied of any error therein, they may correct the same.
$ 5. On the return of said assessment to the mayor or council. the city clerk shall cause. to be posted, in the most public place of each ward, one written or printed notice, that the assessment has been returned and is ready for inspection. and also of the time when application may be made for reviewing the same.
§ 6. Immediately after the second Saturday in August, of each vear, the city clerk shall make out a true copy of the assessment, to which, after being satisfied that the same is a correct copy. as above, the city council shall annex a warrant, signed by the mayor of said city, requiring the collector to collect from the several persons the several amounts of taxes and costs set oppo- site their respective names, and pay the same to the treasurer of the city. And the said collector shall, thereupon, attend at some place in each ward of said city, for the purpose of receiv- ing taxes, giving ten days' notice of such place and the day on which he will attend, for the purpose aforesaid ; and if any resi- dent of said eity shall neglect to pay his taxes on the day men- tioned in such notice, the collector shall proceed to levy the same
X
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CHARTER AND ORDINANCES.
of the goods and chattels of said resident, and, after giving ten days' notice of the time and place of sale, by posting up a notice thereof in three public places in said city, shall sell as many of said goods and chattels as may be necessary to make the amount of tax and costs. In cases where the owner is not a resident of the city the collector shall proceed to levy and sell, within ten days after the day fixed in said notice. The said warrant shall be returnable on the second Saturday in October, after the date thereof; at which time the collector shall return said warrant and tax list to the clerk of the city council and pay over all money by him collected to the treasurer and take his receipt for the same.
§ 7. In the return of said warrant the collector shall give a list of the names of the persons whose tax upon personal property he has been unable to collect, on account of not finding goods and chattels whereon to levy the value of the property assessed and the amount of the tax thereon, and state, in said return, that he has been so unable to collect the tax ; and the city council may give him credit for the amount of taxes he has been unable to collect.
§ 8. The collector shall also make a list of the real estate upon which the taxes have not been paid or collected, and state to whom each parcel of said real estate was assessed, or that the same was assessed to a person "unknown," and describe said real estate and give the amount of tax on each parcel. The collector shall return said list at the time last aforesaid, with a certificate, signed and sworn to by him, that said taxes remain unpaid and that he could find no goods or chattels whereon to levy and collect the same ; and the city council may credit him with the amount.
§ 9. The said list shall be evidence of the taxes and costs due on any real estate in said city, and whenever any person owning real estate in said city shall fail to pay the same on or before the second Saturday in October, of any year, the city collector shall thereupon proceed to obtain judgment against and to sell said real estate, for taxes and costs, in the same manner as is pro- vided by the revenue law of this State for obtaining judgment against and selling delinquent lands.
'§ 10. All real estate sold for taxes and assessments assessed under this charter shall be sold and may be redeemed in the same manner and upon the same terms as lands are now sold and redeemed in cases of sale for State and county taxes ; and the deed of the city collector, for real estate sold under this charter, shall have the same force and effect as deeds made by county collec- tors of this State for delinquent lands sold for State or county tax.
ARTICLE VIII.
OF PUBLIC IMPROVEMENTS.
§ 1. The city council shall have power to cause any street. alley or wharf in said city to be graded, leveled, paved, macada- mized or planked, and keep the same in repair ; to cause side-
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walks and crosswalks, drains and sewers to be constructed, and regulate the same, and to grade, improve, protect and ornament any public square, now or hereafter laid out in said city, and to levy and to collect a tax for the purpose of carrying into [effect] the above powers.
§ 2. Every owner of any lot or lots in said city, in front of whose premises the city council shall, by ordinance, order and direct a sidewalk to be constructed or repaired, shall construct such sidewalk at his or her own expense, within sixty days after a copy of said ordinance is delivered to such owner : Provided. such ordinance is not passed in the month of December, January, February or March ; and if such sidewalk be not constructed or repaired by such owner or owners. in the manner and within the time required by ordinance. the city council may cause the same to be constructed or repaired, and assess the expenses thereof, in an order, to be entered on their journal ; and the said city council is hereby authorized and empowered to sue and recover from the owner or owners of said lot or lots two-thirds of said expenses, so entered in said order, with twenty per cent. damages on said amount : and said order is hereby made a lien on said lot or lots, and shall be evidence of the amount of such expenses : Provided, the said council may, at any time, by ordinance, fix the amount of such expenses to be paid by the owner of said lot or lots at more or less than two-thirds of said expenses.
ARTICLE IX.
§ 1. The inhabitants of the City of Shawneetown are hereby exempted from State tax, for the period of twenty years from the adoption and passage of this act, for the purpose of enabling the said inhabitants to levee the City of Shawneetown, to prevent its frequent or periodical inundation, from the overflow of the banks of the Ohio and Wabash Rivers, within and adjacent to the said city ; and the city council are authorized to levy upon the real and personal property within the city limits, a tax, to be called a "levee tax ;" which shall be equivalent to the tax which would inure to the State of Illinois, from time to time. had this exemp- tion not been made. And the city council are also authorized, by this act. to levy an additional levee tax. not exceeding two and one-half per cent. upon the real property within the corporate limits of said city, as well as all other real and personal property embraced within said levee, to high water mark, on the hill in the rear of said city ; which shall be appropriated to no other purpose than for making and keeping in repair the said levee. All of the above taxes, mentioned in this section, shall be levied and collected annually, excepting the two and one-half per cent., last above mentioned, which shall be levied and collected in the discretion of the city council, as other city taxes are levied, assessed and collected, and shall be kept as a separate fund- . the city treasurer giving special bond in the premises.
§ 2. It shall be the duty of the city council. as soon as prac-
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tieable after the passage and adoption of this act. to proceed and make arrangements for the construction of a levee that will so far surround the city. of a sufficient height and breadth, as to entirely prevent the future inundation or overflow of said city, or any part of it, from the waters of the Ohio or Wabash Rivers ; and they are hereby authorized and empowered to bor- row money, at not exceeding one per cent. a month interest, and to pledge the revenue of the city. together with the revenue and taxes mentioned in the first section of this article, for the pay- ment of said money and interest thereon ; and they shall issue bonds, to secure the payment of said money, with full specifica- tions, signed by the mayor and attested by the city clerk, under the seal of the said city.
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