or without the corporate limits if such city or village, and to supply water for a reasonable compensation to the occupants of property adjacent or accessible to the line so extended, whether within or without the corporate limits of such city or village; provided, however, this act shall not be construed as granting any rights to any city or village within the corporate limits of any other city or village; provided further, that such line shall be so extended as not to interfere with the safety or convenience of ordinary travel over said roads, streets, alleys and public highways.-G. L. 1905, Chap. 228.

§ 574. Special tax for water works system. The village council of any village now or hereafter having a water works system shall have power to levy a special tax upon all property especially benefited thereby, in front of which any water-main shall be laid.— G. L. 1911, Chap. 346, § 1.

§ 575. How divided. The same may be divided up into five annual installments and shall not exceed the sum of one dollar per lineal foot of pipe laid in front of each lot or parcel of land, against each tract of land and the same shall be a lien upon such land from the time that the tax is levied by the village council as hereafter provided, provided however that no lot or parcel of land shall be subject to such tax after five annual assessments have been levied, except as hereinafter provided.-G. L. 1911, Chap. 346, § 2.

§ 576. Procedure of village council.-The village council shall proceed to act upon the petition of three or more owners of lots or of a majority of the frontage, where the same is unplatted, fronting on any street or block, where it is proposed to install such water-mains. In case of a service-main to connect either with the water-system of such village, or any adjoining municipality as hereafter authorized the village council may proceed upon its own motion.-G. L. 1911, Chap. 346, § 3.

§ 577. Time and place for hearing.-The village council in either of such cases shall fix a time and place for the hearing, and of the proposed tax levy of such water frontage tax for the hearing of all objections thereto, and give two weeks published notice thereof in accordance with the prescribed method of publication of ordinances of such village council.

At the time and place so fixed in such notice, the council shall meet and hear any objections thereto and determine whether such improvement is necessary or proper, and shall then make an assessment upon all property so fronting on such proposed water-main subject to such levy, which assessment shall state the amount levied per front foot, the name of the owner or reputed owner and the legal description by which said land is known.

Such assessment and levy shall thereupon be filed with the village clerk and a two weeks published notice of the time and place shall be given in the same manner heretofore provided, when the said council will meet, hear and determine any objections to such levy. At such time and place so fixed, the council shall meet and hear all persons; and may adjourn from time to time not exceeding three days, unless the hearing of such objections thereto shall not then be completed, in which case it shall continue in session daily until such hearing may be completed. On such hearing it may in any manner modify its levy as may appear proper.G. L. 1911, Chap. 346, § 4.

§ 578.

Village clerk to file statement.-On or before the 10th day of October thereafter, the village clerk shall make up and file a statement duly certified to by him, showing the frontage tax assessment so levied against each piece or parcel of land, with the county auditor, of the county in which said village is situated, as special taxes to be by him extended and collected against said land, and thereupon such auditor shall extend the same on his tax-rolls against such property, and shall collect, enforce and pay over the same to the village treasurer of such village in the same manner as all other village taxes.-G. L. 1911, Chap. 346, § 5. § 579. Disposition of money.-All moneys so collected on account of such frontage tax, shall be kept separate and distinct for the purpose of constructing and paying for any water-mains, or any bonds that may have been issued for such purpose, in accordance with this act.-G. L. 1911, Chap. 346 § 6.

§ 580. Issuance of bonds. If the village council shall determine such to be necessary it may when lawfully authorized by the voters of such municipalities bond, for the aggregate of such installments of frontage tax, drawing not to exceed five per cent interest per annum, and payable within fifteen years from date of issue payable on or before the due date thereof out of such frontage tax or any other revenues derived from the water fund of such village, applicable thereto, the proceeds of such bonds to be used for the installation of such water-mains.

Should the frontage tax levied at the outset prove insufficient to pay for such improvement, or the bonds issued in payment therefor, then a deficiency tax for such frontage may bę levied, which including the first tax levied shall not exceed in the aggregate the full amount of twenty cents per running foot, for five years annually. Such bonds if issued shall not be counted as a part of the bonded debt of such village, but the faith and credit of such village shall be pledged for the payment thereof.

Should the frontage tax levied at the outset prove insufficient to pay for such improvement, or the bonds issued in payment therefor, then a deficiency tax on such frontage may be levied, which including the first tax levied shall not exceed in the aggregate the full amount of ten cents per running foot, for ten years annually. Such bonds if issued shall not be counted as a part of the bonded debt of such village, but the faith and credit of such village shall be pledged for the payment thereof.— G. L. 1911, Chap. 346, § 7.

§ 581. Final assessment.-Before such village council shall have power to finally fix the assessment to be levied against the property abutting on such water-mains as provided in section four (4) of this act, and make contract, therefor, it shall obtain detailed estimates of the cost of installing the same, and may for such purpose employ a competent engineer therefor. and shall make a careful estimate of the amount that will be realized from such frontage tax to be levied and if it shall appear that the same will not be sufficient to pay the expense of the installation of such water-mains and that for such purpose it will be necessary to issue the bonds of such village, then before the said council shall proceed any further with such assesssments or installation, it shall submit the question of issuing the bonds necessary to pay any deficiency, to the voters of the village in accordance with the provisions of section 744 of the Revised Laws of 1905, fixing the amount of bonds to be voted for such

purpose. Such bonds shall be payable out of the general funds of such village, raised by taxation or other sources. If such bonds shall be voted by the village, the council shall then proceed further as heretofore provided.-G. L. 1911, Chap. 346, § 8.

§ 582. Contract with adjoining municipality.—The village council of any such village may also enter into contracts with any adjoining municipality, for the furnishing by it of water to the citizens of such village, and the laying of water mains in the streets of such village. Thereupon such adjoining municipality shall have power to lay water-mains under the direction of such village council in the streets of such village and may furnish it and its citizens with water therefrom, and all of the provisions of this act relative to petitions, frontage-tax notices, tax levy assessments, statements regarding such frontage tax, the collection thereof, the issuance of bonds and all other provisions of this act for the purpose of paying for such water-mains shall be followed, the same as if said water-mains were laid and said water was furnished directly by such village from its own waterplant system.-G. L. 1911, Chap. 346, § 9.

§ 583. Telephone privileges extended.-There is hereby granted to persons, co-partnerships and associations the same rights, powers and privileges now granted to corporations by the laws of this state to operate telephone lines and for the erection and maintenance of telephone poles, telephone wires and exchanges.-G. L. 1901, Chap. 231.

§ 584. Connecting street railways.-The council of any such village may grant to individuals or corporations the right to construct street railways upon its streets, and to operate the same by other than steam power, for the purpose of connecting such village with outside places or territory. But nothing herein shall authorize any exclusive franchise for such purpose, nor any franchise for more than twenty-five years. All such franchises heretofore granted, and all acceptances thereof, are hereby confirmed.-R. L. 1905, § 745.

§ 585. Villages may contract for electrical energy. All villages in the state of Minnesota are hereby authorized and empowered to contract with any person, firm, corporation or municipal corporation for the purchase of electric energy for municipal purposes and to be distributed and supplied by such municipality to the inhabitants thereof.-G. L. 1913, Chap. 317, § 1.

§ 586. Contract to be made by council.-Such contract shall be made by the common council, or other governing body of such municipality by a two-thirds vote of all the members of such council or governing body, and may be for a period not exceeding fifteen (15) years from the time when such person, firm, corporation or municipal corporations shall commence to furnish such electric energy, which time shall not be more than two years from the date of such contract.-G. L. 1913, Chap. 317, § 2.

M. V. M. 11.

CHAPTER IX.—HOME RULE CHARTERS..

§ 587.

How classified.-Cities are hereby divided, for legislative purposes, into classes as follows:

First Class. Those having more than 50,000 inhabitants. Second Class. Those having 20,000, and not more than 50,000 inhabitants.

Third Class. Those having more than 10,000, and not more than 20,000 inhabitants.

Fourth Class. Those having not more than 10,000 inhabitants. Changes in classification resulting from any future state or national census shall not take effect until the first Monday in January next after the taking thereof. Meanwhile the council or other governing body shall take measures for the election of proper officials, and for dividing the city into wards, if necessary, and otherwise prepare for the coming change.-R. L. 1905, § 746.

§ 588. Rome-rule charters-Patrol limits. Any city or village in the state of Minnesota, whenever incorporated, may frame a city charter for its own government in the manner hereinafter prescribed; provided, that in such cities having patrol limits established by charter, such limits shall not be altered unless the charter proposing such alteration be adopted by a three-fourths majority.-G. L. 1907, Chap. 375.

§ 589. Board of freeholders.-Whenever the judges of the judicial district in which such city or village is situated, shall deem it for the best interests of the municipality so to do, they may appoint a board of freeholders to frame such charter, composed of fifteen members, each of whom shall have been a qualified voter of such city or village for five years last past; and, upon presentation to them of a petition requesting such action, signed by at least ten per cent of the number of voters of such municipality, as shown by the returns of the election last held therein, they shall appoint such board. The members shall severally hold office for the term of four years, or until they cease to be such resident voters and freeholders, and vacancies in said board shall be filled by appointment of said judges for the unexpired terms. Upon the expiration of such four-year term, the judges shall appoint a new board, in case for any reason the judges shall fail to appoint a new board within thirty (30) days then thereafter at any time the judges upon their own motion may, and upon the written petition of ten (10) freeholders of said city, shall appoint said new board. Every appointment shall be made by order filed with the clerk of the court. Every appointee who shall neglect to file with the clerk within thirty days a written acceptance and oath of office shall be deemed to have declined such appointment and his place shall be filled as though he had resigned. The judges within thirty (30) days thereafter shall make such rules with reference to such board, and require such reports, as may appear desirable or necessary. Any appointee who has qualified by filing his written acceptance and oath of office within thirty (30) days, may thereafter be removed at any time from office, by written order of the district court, the reason for such removal being stated in the order; and upon receiving a certificate in writing, signed by a majority of the entire board of freeholders, setting forth that any member has failed to perform the duties of his office and has failed to attend Note to Chap. IX. See § 332.

four (4) consecutive meetings, without being excused by the board, and requesting a removal of such member, the district court shall thereupon make its order of removal, and fill the vacancy created as in the case of a resignation.-R. L. 1905, § 749, as amended by G. L. 1909, Chap. 423, as amended by G. L. 1911, Chap. 535.

§ 590. Compensation-Expenses-The members of such board shall receive no compensation, but the board may employ an attorney and stenographer to assist in framing such charter, and any amendment or revision thereof, and their reasonable compensation and the cost of printing such charter, or any amendment or revision thereof, when so directed by the board, shall be paid by such city or village. Provided, however, that the cost of preparation, printing and legal services in framing and submitting such charter in the first instance shall not exceed $500.-G. L. 1907, Chap. 216.

§ 591. Proposed charter, how framed. Within six months after such appointment, the board of freeholders shall deliver to the chief executive of said city or village the draft of a proposed charter, signed by at least a majority of its members. Such draft shall fix the corporate name and the boundaries of the proposed city, and provide for a mayor, and for a council consisting of either one or two branches; one in either case to be elected by the people. Subject to the limitations in this chapter provided, it may provide for any scheme of municipal government not inconsistent with the constitution, and may provide for the establishment and administration of all departments of a city government, and for the regulation of all local municipal functions, as fully as the legislature might have done before the adoption of section 33, article IV, of the constitution. It may omit provisions in reference to any department contained in special laws then operative in said city or village, and provide that such laws, or such parts thereof as are specified, shall continue in force therein. It may prescribe methods of procedure in respect to the operation of the government thereby created, and the duties thereunder of all courts and officers of the district and county in which the city is situated, which duties such courts and officers shall perform. And by such charter the city may be authorized to acquire, by gift, devise, purchase or condemnation, any property, within or without its boundaries, needed for the full discharge of any public function which it is permitted to exercise. Nothing in this section shall authorize a change of boundaries.-R. L. 1905, § 751. $592. Limit of bonded indebtedness.-No such charter shall permit the issue of any bonds of the city whereby its aggregate bonded indebtedness would be made to exceed 10 per cent. of the last assessed valuation of the property taxable therein; and no such charter of a city of the first class shall permit the issue of its bonds, except to fund maturing bonds, when thereby its aggregate bonded indebtedness would be made to exceed 5 per cent. of such assessed valuation, unless the charter provide that before such issue the approval of a majority of the electors voting upon the question at a general or special election be first obtained. But any such charter may provide that certificates of indebtedness or bonds issued before its adoption shall not be counted as part of such aggregate bonded indebtedness if (1) held in a sinking fund maintained by such city or village; or (2) issued for the purchase, construction, maintenance, extension, enlargement, or improvement of water and lighting plants, or either, owned and operated by such city or village, or the acquisition of property needed in connection therewith; or (3) for the crea