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 5
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§ 3. The city council are authorized and empowered to make contraet or contracts, for the construction of said levee, and shall require of the person or persons undertaking the same a bond or bonds, payable to said City of Shawneetown, with good and ample security, for the performance of said contracts, to be approved by the city council. The city council may appoint a surveyor or engineer, who is hereby required to survey and lay off the ground upon which the said levee shall be constructed. agreeable to the directions of the city council. and shall perform such other general duties as surveyor or engineer of said city. whose salary, fees and duties shall be fixed by ordinance. The city council shall, from time to time, repair, improve, or alter the said levee, and shall make such rules and regulations concerning it, as shall not be in violation with the Constitution of the United States or this State. and shall have the right of way in its general construction and control.
ARTICLE X.
MISCELLANEOUS.
$ 1. The court over which the said city judge shall preside shall be called the City Court of Shawneetown, and shall have a seal, which may be altered by the city council. The said judge shall have concurrent jurisdiction with the justices of the peace of Gallatin County, to the extent of their jurisdiction, or in matters over which they have jurisdiction : but no changes of venue shall be taken from before him, excepting in eases pre- seribed by the law governing the changes of venue in the circuit courts of this State. And where a change of venue is sought, the person making application shall proceed in like manner as from said circuit courts ; and said changes shall be taken to no other than to the county or circuit courts of said Gallatin County : Provided, said county court shall have jurisdiction of the nature of the case : And provided. further, that said case is not for the violation of any city ordinance. And if the case so changed shall be a criminal case, perpetrated against the laws of the State, without the limits of the said city, the city marshal may take a recognizance, with sufficient penalty and security of the
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said defendant, for his appearance at the court to which the change is taken. The said recognizance shall be payable to the State, for the use of said county, and recoverable, in case of forfeiture, in an action of debt, in any court of Gallatin County having jurisdiction ; and, on failure to give such recognizance, the marshal shall commit the said defendant to the county jail, to be dealt with according to law, at the expense of said county.
§ 2. The city judge is hereby vested with power to take acknowledgments of deeds and other instruments of writing, take depositions and administer oaths necessary in so doing, and to certify the same, under the seal of said court ; and, when so certified, the same shall be taken in evidence, in any court, without further proof, and he shall further have power to admin- ister oaths to the officers of the city, and for general purposes, and to witnesses in any investigation before the city council, etc. Appeals may be taken from the decision of said judge to the county court or circuit court of said county : Provided, the county court shall have jurisdiction ; and, in the event that the said county court has or has not jurisdiction, said appeal or appeals may be taken to said circuit court in the same manner as appeals are taken from justices of the peace under the laws of this State.
$ 3. Transcripts of the dockets of said city judge may be filed with and recorded by the clerk of the circuit court of Gal- latin County in the same manner as from other justices of the peace of said county ; and said transcripts shall have the same effect against and lien upon real estate that transcripts from other justices of the peace of said county have or may have.
§ 4. The city council shall have power to provide for the pun- ishment of offenders, by imprisonment in the city calaboose, (which is hereby construed to mean a city jail, unless a city jail be erected within and by said city in addition to the calaboose,) the county jail, or by both fine and imprisonment, within the jurisdiction of said city judge, under the statute of this State.
§ 5. The said city judge shall adopt a series of rules, regu- lating the practice in his court, and shall record the same in his docket. He shall also enter the names of attorneys appearing in each case, if any, and for which of the parties said attorneys appeared, respectively ; and shall open and adjourn said court, by public proclamation, made by the marshal, his deputy, or some person appointed by the court. He may require written pleadings in said court.
$ 6. All warrants for money on the city treasury shall be ordered and allowed by the city council, signed by the mayor and attested by the clerk ; and when said warrants shall have been presented for payment and the date of presentation entered thereon by the treasurer, the same shall have priority of pay- ment in the distribution of the general fund in said treasury : Provided, that no warrant or order shall be drawn on the city treasury. to be paid out of the "levee fund." unless the said 3
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CHARTER AND ORDINANCES.
warrant shall stipulate that it is to pay for constructing or repairing said levee ; nor shall said fund be paid out for any other purpose.
§ 7. The city marshal shall attend, in person or by deputy, the said city court, when in session, and shall therein preserve order, etc. He shall, by himself or deputy, have power to arrest or cause to be arrested, with or without process, upon view or information, all persons who shall break the peace, or threaten to break the peace, or be found violating any ordinance of said city, and may hold such persons for examination or detain them in the calaboose of said city, or other safe place, for the space of thirty-six hours, and until they can be brought before the said city judge. The marshal shall be required to give bond, as collector, in double the amount of the city revenue, to be approved by the city council. Said city judge is hereby required to report to the city council, in writing, at their monthly meeting in each month, the amount of fines, penalties and for- feitures, and other moneys collected by him, belonging to said city. He shall pay the same to the treasurer immediately after making said report, and take his receipt in a book kept for that purpose ; which shall be as vouchers in making his annual report to said council ; at which time said council shall make a thorough examination of the vouchers, reports and dockets of said judge ; and, to secure this end, the said city council shall require of the said judge a bond, in the penalty of one thousand dollars, payable to the said city ; which shall be safely kept, also recorded in the recorder's office of Gallatin County ; and any person feeling aggrieved by the official conduct of said judge, may bring suit on said bond, in an action of debt, in any court of Gallatin County having jurisdiction.
§ 8. In the event that the mayor shall be required to act in the stead of said city judge, as provided in section 3, article fifth, of this act, he shall, before acting, take a similar oath prescribed for and taken by said judge. And said mayor is hereby made a conservator of the peace.
§ 9. The city attorney is hereby made a conservator of the peace, and shall have power to arrest or cause to be arrested, without process, any violator of ordinances. He shall be con- sidered a member of said court, and shall have power to enter nolle prosequi in criminal prosecutions in said court ; and, in the event of his absence or inability to attend to said duties, may appoint some attorney to act for him ; and in the event, further, if no attorney should be elected at any regular election the said city council shall have power to appoint one in his stead, to act until his successor is elected and qualified.
§ 10. The inhabitants of the City of Shawneetown are hereby exempted from working on any road extending outside the city limits. And the city council shall provide for all the resident paupers.
§ 11. The city council shall have power, for the purpose of
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keeping the streets and alleys and wharf in repair, to require, by ordinance, every able bodied male inhabitant in said city, over twenty-one years of age, to work on said streets, alleys and roads, not exceeding five days in each and every year.
§ 12. Whenever any inhabitant of said city, liable to do road labor, shall violate any ordinance requiring him to perform such labor, by failing or refusing to perform the same, after due notice, the street commissioner shall report his hame to the city judge, who shall forthwith issue his warrant, commanding the city marshal to bring such inhabitant before the said judge, who shall try him, as in other cases, for violating a city ordinance ; and, if convicted, he shall be fined one dollar for each day he shall fail to work on said streets or alleys or wharf.
§ 13. The city council shall cause to be published in the news- paper in said city having the largest circulation or by posting a written notice in each ward, annually, on the first Monday in May, a complete statement of all moneys received and expended ; . and said statement shall be certified to be correct by the mayor and city treasurer.
§ 14. All suits and prosecutions, instituted by the corporation hereby created, shall be instituted and prosecuted in the name of the City of Shawneetown ; and all actions commenced by and all fines and forfeitures which have accrued to the president and trustees of Shawneetown shall be vested in and prosecuted by the corporation hereby created ; and all the rights which have accrued to said president and trustees and all their property, held for the use of the idhabitants of Shawneetown, shall be vested in the corporation hereby created.
§ 15. The city council shall have power to levy a poll tax, of not exceeding one dollar, against each legal voter of said city, for city purposes.
§ 16. Whenever the city marshal is unable or refuses to serve any process issued by the city judge the same may be served by the sheriff or any constable of Gallatin County.
§ 17. All fines and forfeitures, recoverable by indictment or action, for any offense committed within the limits of said city, shall be paid into the city treasury, for the use of the city.
§ 18. This act is hereby declared to be a public act ; to be in force from and ofter its passage, and may be read, in evidence, in all the courts of this State, without proof.
§ 19. No money shall ever be borrowed by the city council, unless the ordinance therefor shall first be submitted and voted for by a majority of the voters voting at an election for that purpose, except for constructing or repairing a levee.
$ 20. No person shall be incompetent to serve as a witness or juror, in any suit when the City of Shawneetown is a party, by reason of his being an inhabitant of said city; and all ordi- nances of the president and trustees of Shawneetown shall remain in force till repealed by the city council.
$ [21.] The president and trustees of town of Shawneetown
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shall canse an election to be held in said town, giving ten days' notice thereof, on the second Monday in March next : at which time all legal voters residing within the limits described in sec- tion second, of the first article of this act, shall vote for or against the adoption of this charter; and if a majority of the votes polled at such election are in favor of the adoption of said charter it shall immediately take effect as law: otherwise it shall be of no legal effect. But if a majority of said legal voters, at said election, shall not be in favor of the adoption of this charter, it may be submitted for adoption by said voters at any time within twelve months-the said president and trustees giving ten days' notice of an election to be held for that purpose.
§ [22.] It is hereby made the duty of the said president and trustees to open and examine the poll books, and to announce the result of all elections under this charter, until the said city council shall be elected and qualified ; and it is hereby made the duty of the town clerk, and the city clerk thereafter, to certify to the county clerk of Gallatin County the election of said city judge ; and the county clerk shall thereupon, without delay, certify the election of said city judge to the governor of the State, as in cases of certifying the elections of justices of the peace ; and all acts or parts of acts or laws in any wise conflict- ing with this act are repealed from and after the passage and adoption of this charter.
Approved February 22, 1861.
RICHARD YATES. Governor.
FRANCIS A. HOFFMAN, Speaker of the Senate. SHELBY M. CULLUM, Speaker of the House of Representatives.
CITY ORDINANCES.
NUMBER I.
AN ORDINANCE RESPEALING CERTAIN ORDINANCES OF THE CITY OF SHAWNEETOWN.
SECTION 1. Be it ordained by the City of Shawneetown. That all ordinances of said city. the subject matter of which is treated of and provided for in the following revised ordinances under numbers two. three. four. five. six. seven, eight. nine. ten. eleven. twelve. thirteen. fourteen, fifteen. sixteen. seventeen. eighteen. nineteen. twenty. and twenty-one. be and the same are hereby repealed from and after the publication of the said revised ordinances in book or pamphlet form : Provided, hou- ever. that such repeal shall in no wise affect or invalidate any act done. right accrued, offence committed. penalty incurred, or proceeding commenced before the date of such publication, but all such acts. rights. penalties. offences. and proceedings shall be and remain in the same condition and of the same force in all respects as if this ordinance had not been passed.
Passed April 29. 1872.
NUMBER II.
AN ORDINANCE REGULATING THE ELECTION OF CERTAIN CITY OFFICERS BY THE CITY COUNCIL AND PRESCRIBING THE DUTIES OF OFFICERS.
§ 1. Clerk and other officers to be elected.
§ 2. Additional duties of mayor.
§ 3. Dutie- of city clerk defined.
§ 4. What officers must give bond.
§ 5. Oath of office must be taken.
SECTION 1. Be it ordained by the City of Shawneetown, That at the first regular meeting of the city council. in the month of June. in each year. or as soon thereafter as may be, there shall be elected, by ballot or otherwise, a city clerk, a city treasurer, one wharfmaster. and such other officers as may from time to time be deemed necessary. under the charter or any ordinance
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CHARTER AND ORDINANCES.
passed in pursuance thereof, by said city council, who shall hold their respective offices for one year, and until their suc- cessors shall be duly qualified, unless sooner removed by the city council, or their offices be abolished by the legislature or city council : Provided, that if any office or offices shall be cre- ated at any time after the said meeting in June in each year, the said council may appoint officers to fill the same at any meeting ; and the officers thus appointed shall hold their offices for such term as may be fixed by ordinance.
§ 2. That in addition to the duties required of the mayor by the charter and ordinances of said city, he shall see that all officers on their resignation, or expiration of their term of office, or their removal from the same, deliver over, in good condition, to their successors, all papers, books, plats, furniture, fixtures, machinery, tools, etc., belonging to the city.
§ 3. That the city clerk shall perform the following duties in addition to those mentioned in the charter and ordinances of said city, viz. : 1. He shall attend all the meetings of the city council and keep a record of their proceedings, and cause them to be published in such public newspaper, in said city, as the city council shall designate. 2. He shall record, in books to be provided for that purpose, all ordinances that may be passed from time to time by the city council, and cause the same to be published as provided by section forty-four of article six of the city charter ; and shall file and preserve in his office one or more copies of the paper containing every ordinance so published. 3. He shall keep and safely preserve all papers, books, and doc- uments pertaining to his office, and shall also have the custody of all books, papers, and documents belonging to the city and not in the actual use of the other city officers. 4. He shall make out, before the day of any city election, a poll-book for each ward in which such election is held, together with suit- able tally-papers. 5. He shall keep a correct account between the city and the collector of taxes on real and personal property, by charging him with the amount of taxes of every kind assessed as the same are set forth in the warrants issued to said collector ; and he shall allow the said collector such credits as he may be entitled to by law and the ordinances of said city. 6. He shall keep a correct account between the city and city treasurer, by charging him with all sums of money received by him, as ex- hibited to said clerk by the treasurer's receipt, and crediting him with all sums of money paid out by him by order of the city council ; and he shall allow said treasurer such other credits as he may be entitled to by law and the ordinances of said city. 7. He shall, in addition to the duties specified in article seven of the charter, in relation to duplicate of tax-list, from time to time correct all errors which he may discover in the name of the person charged with taxes, the description of the property, or the amount of tax charged ; and when such correction is made, after the duplicate has been delivered to the collector for
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CHARTER AND ORDINANCES.
collection, the clerk shall give, on order of the city council, to the person benefitted thereby, a certificate of such correction, under the seal of the city and signed by the mayor, to be pre- sented to the collector, who shall, on presentation of such cer- tificate, make the like correction on his duplicate, and shall keep such certificate as a voucher on settlement with the city council ; and it shall also be the duty of the clerk on discovering any omission of real estate or personal property from the duplicate to cause such assessment to be made in regular form by the assessor, and, on such assessment being made, to certify the same, by order of the council, to the collector, who shall enter the same on his duplicate, and shall be charged by the clerk. 8. He shall do and perform all other duties that may be required of him by ordinance or resolution of the city council.
§ 4. That the city attorney, clerk, treasurer, marshal, wharf- master, and such other officers as the city council may desig- nate, shall, before entering upon the duties of their respective offices, give bond to said city, in such sum as the city council may fix and require, with such security as the said council may approve, for the faithful performance of the duties of their respective offices according to law and the ordinances of said city, and that they will justly and fairly account for and pay over and deliver all moneys and other property received by them in their official capacity, under any process or otherwise.
§ 5. That the officers mentioned in the foregoing section shall, before entering upon the duties of their respective offices, take and subscribe to an oath to support the Constitution of the United States and of the State of Illinois and faithfully to perform the duties of their office, according to law, and to the best of their skill, ability, and judgment.
Passed April 29, 1872.
NUMBER III.
AN ORDINANCE FIXING THE COMPENSATION OF CERTAIN CITY OFFICERS.
§ 1. Mayor's salary.
§ 2. Aldermen, compensation of.
§ 3. City collector's fees regulated.
§ 4. Treasurer's salary fixed.
§ 5. City clerk and attorney, salary of fixed.
§ 6. City marshal's salary fixed.
§ 7. When to take effect.
SECTION 1. Be it ordained by the City of Shawneetown, That the mayor of said city shall receive a salary of two hundred dollars ($200) per annum.
$ 2. That the aldermen of said city shall receive the sum of seventy-five dollars ($75) per annum.
§ 3. That the city collector shall receive three per cent. on all taxes and assessments collected by him and paid into the city treasury.
§ 4. That the city treasurer shall receive a salary of one hun- dred dollars ($100) per annum.
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CHARTER AND ORDINANCES.
§ 5. That the city clerk and city attorney, each, shall receive a salary of one hundred dollars ($100) per annum and the fees hereinafter named.
§ 6. That the city marshal shall receive a salary of two hun- dred dollars ($200) per annum and the fees hereinafter named.
§ 7. That this ordinance shall not apply to any officer of said city whose term of office expires in June, 1872.
Passed April 29, 1872.
NUMBER IV.
AN ORDINANCE CONCERNING THE ISSUING OF LICENSES.
SECTION 1. Be it ordained by the City of Shawneetown, That the city clerk, and in his absence the mayor, is hereby authorized to grant all licenses provided for by the charter and the ordi- nances made in pursuance thereof. Each license shall be made out under the seal of the city, and the clerk shall keep a register of the same in a suitable book, entering the name of the person licensed, the date of license, for what purpose granted, date of expiration, the amount paid, and, in case of vehicles, the num- ber of the same, which shall also be inserted in the license ; if transferred, to whom, and the date of the transfer.
Passed April 19, 1872.
NUMBER V.
AN ORDINANCE IN RELATION TO THE WIDTH OF STREETS, ALLEYS, ETC.
§ 1. Must present a plat to the city conn- § 2. Streets must be not less than eighty cil. feet in width.
SECTION 1. Be it ordained by the City of Shawneetown, That whenever any person or persons may hereafter lay out an outlot or outlots within the limits of said city as originally laid out and surveyed, they shall present to the city council an accurate map or plat of the outlot or outlots or territory which is pro- posed to be thus laid out, showing in said plat the position and width of the streets and alleys ; which plat shall be recorded by the clerk in the minute-book of the council.
§ 2. All streets that may hereafter be laid out by virtue of the foregoing section shall be not less than eighty feet wide, if run- ning parallel with Main Street ; and all streets running at angles with Main Street shall be continuations of the central line of the present cross streets, and of not less than ninety-one feet in width. The alleys shall cross each other at right angles, and divide each square into four equal divisions, in like manner as the present squares, and shall be not less than fifteen feet in width. Passed April 19. 1872.
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CHARTER AND ORDINANCES.
NUMBER VI.
AN ORDINANCE CONCERNING THE CONFINING OF HOGS ON THE RIVER FRONT.
§ 1. Must not pen hogs on paved portion | § 2. Penalty for violation. of wharf, etc.
SECTION 1. Be it ordained by the City of Shawneetown. That it shall not be lawful for any person or persons to pen hogs, or cause them to be penned or confined, in any way or for any time, on the street or paved portion of the river front within the limits of said city : Provided, That nothing herein contained shall make it unlawful for any person or persons to drive hogs up or clown either wharf boat landing for the purpose of transportation.
§ 2. Every person violating the provisions of this ordinance shall forfeit and pay the sum of ten dollars ($10) for each and every day, or part of a day, any hog or hogs are so penned or confined.
Passed April 19, 1872.
NUMBER VII.
AN ORDINANCE REGULATING THE PUBLIC WHARF.
§ 1. Public landing fixed.
$ 2. Wharfage regulated. § 6. Fish-boats to be licensed.
§ 3. Must pay wharfage, etc. $7. License regulated.
§ 4. Dnty of wharfmaster to keep a book. compensation fixed by council.
§ 5. Wharfboats to be licensed.
§ 8. Wharfboat charges regulated.
SECTION 1. Be it ordained by the City of Shawneetown, That the landings and bank of the Ohio River in front of that part of said city lying between the north line of the levee and the middle of South Fifth Street, in said city, are hereby declared to be public landings, and landing places, in and for the City of Shawneetown.
$ 2. That the following rates of wharfage shall be levied and collected by the wharfmaster for the use of said city, to-wit :
1. From every steamboat which may land at any of the public landings and discharge freight :
Freight bill from $10 to $15. $1 00
Freight bill from $15 to $25. . Freight bill from $25 to $35. 2 00 . Freight bill from $35 to $50. 2 50
1 50
2. From every steamboat which may land at any of the public landings and receive freight :
Amount of 30 tons to 50 tons. .$1 00
Amount of 50 tons to 100 tons . 2 00
For every additional 100 tons. 1 00
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