Patoka;" and, by that name, shall have perpetual succession, make and use a common seal, and alter it at pleasure, and in whom the government of the corporation shall be vested, and by whom its affairs shall be managed. § 2. The corporate limits shall include all lands and Boundaries. lots within the following boundaries: Commencing at the south east corner of section twenty-eight, (28), in township four north, of range one east of the third principal meridian, and running south one-quarter of a mile; thence west one mile; thence north one mile; thence east one mile; thence south three-quarters of a mile, to the place of beginning. § 3. Whenever any tract of land adjoining the town of Additional terPatoka shall be laid off into town lots and recorded accord-ritory. ing to law, the same shall be annexed to and form a part of the town of Patoka. rate powers. § 4. The inhabitants of said town, by the name and General corpostyle aforesaid, shall have power to sue and be sued, to plead and be impleaded, to defend and be defended, in all courts of law and equity and in all actions whatsoever; to purchase, receive and hold property, real and personal, in said town, and to purchase, receive and hold property, real, beyond the limits of said town, for burial grounds, for the use of the inhabitants of said town, and to sell, lease, convey and improve property, real and personal, for the benefit of said town, and to do all other things in relation thereto as natural persons. ARTICLE II. SECTION 1. There shall be a town council, to consist of Connell. a president and four trustees, to be chosen annually by the qualified voters of said town. § 2. No person shall be a member of the town council unless he shall be at the time of, and shall have been six months immediately preceding, his election, a resident of the town, and shall be at the time of his election twentyone years of age, and a citizen of the United States. Qualifications of members. 3. If any member of the town council shall, during office vacated. the term of his office, remove from the town, his office shall thereby be vacated. 84. The town council shall judge of the qualifications, Election returns of elections and returns of its own members, and shall determine ail contested elections. 5. A majority of the town council shali 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 fines and penalties as may be prescribed by ordinance. Quorum to do business. Rules of procecdings. Journal proceedings. of No member 86. The town council shall have power to determine the rules of its proceedings and punish its members for disorderly conduct, in such manner as may be prescribed by ordinance. 7. The town council shall keep a journal of its proceedings and from time to time publish the same. 88. No member of the town council, during the term appointed to of of his office, shall be appointed to any office under the authority of the council. fice. Vacancies, how filled. Oath of office. Tie vote, how decided. Stated meetings Election and constable. of § 9. All vacancies that occur in the town council shall be filled by election. § 10. Each and every member of the town council, before entering upon the duties of his office, shall take and subscribe an oath that he will support the constitution of the United States and this state, and that he will well and truly perform the duties of his office to the best of his ability. § 11. Whenever there shall be a tie in the election of members of the town council, the judges of election shall certify the same to the police justice, who shall determine the same by lot, in such manner as may be prescribed by ordinance. § 12. There shall be four stated meetings of the town council in each year, at such times and places as may be prescribed by ordinance. ARTICLE III. SECTION 1. There shall be elected in the town of Patoka, justices of peace by the qualified voters thereof, on the first Monday of April, 1869, and on the first Monday of April, biennially, forever thereafter, a police justice and a town constable, who shall hold their offices for four years, and until their successors shall be elected and qualified. officers. Declared an Eligibility of § 2. No person shall be eligible to the office of police justice, or to the office of town constable, who shall not have been a resident of the town for six months next preceding his election, or who shall be under twenty-one years of age, or who shall not be a citizen of the United States. § 3. For the election of police justice and town constaelection pre inct ble, the town of Patoka is hereby declared an election precinct; and such election shall be conducted and the returns thereof made in the same manner as the election and returns of other justices of the peace and constables: Provided, such election shall be held at the same time, and shall be conducted by the same judges, as the election for members of the town council. Justices commissioned by § 4. The police justice shall be commissioned by the the governor. governor of the state of Illinois as a justice of the peace, and, as such, shall give bond, and take and subscribe the same oath of office as other justices of the peace, and, as such, shall be a conservator of the peace for the said town, and shall have power and authority to administer oaths, issue writs and processes, to take depositions, acknowledgments of deeds, mortgages and other instruments of writing, and certify the same, as other justices of the peace; and he shall have exclusive jurisdiction of all cases arising under the ordinances of the corporation, and concurrent jurisdiction, (in all sums not exceeding one hundred dollars) power and authority, in all cases whatever, with other justices of the peace, arising under the laws of this state; and shall be entitled to the same fees for his services as other justices of the peace in similar cases. constable. § 5. The town constable shall have such power and Duties of town authority, and be entitled to such fees, and be placed under such bond, conditioned for the faithful performance of the duties of his office, as may be prescribed by the ordinances of the corporation hereby created. glect of duty. 6. In case the police justice shall at any time be Penalty for neguilty of palpable omission of duty or shall willfully or corruptly be guilty of oppression, mal-conduct or partiality in the discharge of the duties of his office, he shall be liable to be indicted in the circuit court of Marion county, and, on conviction, shall be fined in a sum not exceeding two hundred dollars, and removed from office. ARTICLE IV. SECTION 1. On the first Monday of April next, an elec- Election tion shall be held in said town for the president and four town council. members of the town council; and forever thereafter, on the first Monday of April of each year, there shall be an election held for said officers. The first election shall be held, conducted, and returns thereof made, as may be provided by ordinance by the present president and trustees of the town of Patoka, who are the following persons: President, John H. Gray; town council, James Williams, J. W. Kessner, E. M. Beach, Noah Johnston; and all succeeding elections as may be provided by ordinance of the town council by this act created. § 2. All persons who are entitled to vote for state officers, and who shall have been actual residents of said town thirty days next preceding said election, shall be entitled to vote for said officers. of Qualification of electors. ARTICLE V. and collect SECTION 1. The town council shall have power and Power to levy authority to levy and collect taxes upon all property, real taxes. and personal, within the limits of the town, not exceeding one-half (1) per centum per annum upon the assessed value thereof, and may enforce the payment of the same in any Vol. IV-10 Appointment of officers. Oath of office Appropriations. General health., Provide water. manner to be prescribed by ordinance, not repugnant to the constitution of the United States or of this state. § 2. The town council shall have power to appoint a clerk, treasurer, assessor and supervisor of streets, and all such other officers as may be necessary, and to require of all officers appointed in pursuance of this charter, bonds, with such penalties and security for the faithful performance of their duties as may be deemed expedient. § 3. Also to require all officers, appointed as aforesaid, to take an oath for the faithful performance of the duties of their respective offices, before entering upon the discharge of the same. § 4. To appropriate money, and to provide for the payment of the debts and expenses of the town. 5. To make regulations to secure the general health of the inhabitants of the town; to declare what shall be a nuisance, and to prevent and remove the same. § 6. To provide the town with water; to sink and keep in repair wells and pumps in the streets, for the convenience of the inhabitants. Street im- § 7. To open, alter, abolish, extend, grade, pave or otherwise improve and keep in repair streets and alleys. provements. Bridges. Markets and 88. To erect and keep in repair bridges. 89. To erect market houses, to establish markets and market houses. market places, and to provide for the government and regulation thereof. 8 10. To provide for inclosing, improving and regulating all public grounds belonging to the town. § 11. To license, tax and regulate auctioneers, hawkers, peddlers, brokers and pawnbrokers. § 12. To license, tax and regulate and suppress theatrical and other exhibitions, shows and amusements. § 13. To prohibit and suppress tippling houses, dram shops, gaming houses, bawdy houses, and other disorderly houses. 14. The town council shall have power to license or suppress liquor saloons and beer houses, subject to a majority vote of the legal voters at each April election. 15. To regulate the fixing of chimneys and the flues. thereof. § 16. To regulate the storage of tar, pitch, rosin, gunpowder and other combustible materials. § 17. To provide for taking enumeration of the inhabitants of the town. 18. To regulate the election of town officers. $ 19. To fix the compensation of town officers, and regulate the fees of jurors, witnesses and others, for services rendered under this act or any ordinance: Provided, that in no case shall any member of the town council receive more than four (4) dollars for one year's service, excepting F the president, who shall in no case receive more than eight (8) dollars for one year's service. 20. To regulate the police of the town; to impose Regulate the fines, forfeitures and penalties for the breach of any ordi- police of town. nance, for the recovery and appropriation of such fines and forfeitures and for the enforcement of such penalties: Provided, that the right of trial by jury shall in no case be denied to any person charged with a breach of any of the provisions of this act, or any ordinance. § 21. The town council shall have power, within the Billiards, etc. limits of the town, by ordinance, to prohibit and suppress billiard tables and lotteries. Enforce ordinances. 22. The town council shall have power to make and enforce all ordinances necessary and proper for carrying into effect all of the powers specified in this act, so that such ordinances are not repugnant to nor inconsistent with the constitution of the United States or of this state. 8 23. The style of the ordinances of the town shall be, Style of ordi"Be it ordained by the Town Council of the Town of Putoka." nances. § 24. All ordinances passed by the town council shall, Publication of within one month after they shall have passed, be published ordinances. as provided by ordinance, and shall not be in force until they shall have been published as aforesaid. Ordinances dence. 25. All ordinances of the town may be proven by the seal of the corporation, and, when printed or published in shabe evibook or pamphlet form, and purporting to be printed or published by the authority of the corporation, the same shall be received in evidence in all courts and places, without further proof. ARTICLE VI. SECTION 1. The president shall preside at all meetings Presiding offlof the town council, and shall have a casting vote, and no cer of council. other; and in case of his non-attendance at any meeting, the council shall appoint one of their number chairman, who shall preside at that meeting. § 2. The president or any two members of the council Special meetmay call special meetings of the town council. ings. Active and vigilauti enfo:c 3. The president shall be active and vigilant in enforcing the laws and ordinances for the government of the ing laws. town. He shall inspect the conduct of all the subordinate. officers of the town, and cause negligence and positive violation of duty to be prosecuted and punished; and he is hereby authorized to call on any male inhabitant of said town, over the age of twenty-one years, to aid in enforcing the laws and ordinances thereof; and any person who shall not obey such call shall forfeit and pay to said town a fine not exceeding ten (10) dollars. § 4. He shall have power, whenever he may deem it necessary, to require of any officer of said town an exhibit Exhibit of books and papers. |