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engage in the business of selling goods, or merchandise after the commencement of the fiscal year, and the license fee in such cases may be apportioned with relation to the part of the fiscal year which has expired, but such traders, if they continue in the same business, shall not be required to take out a second license after the commencement of the next fiscal year: Provided, Such goods or merchandise have been Proviso. assessed for taxes for said fiscal year; Thirty-eighth, To regulate the putting up, taking down, Signs, poles moving, repairing and maintaining of telegraph, telephone and electric light poles and wires and signs, sign posts and awnings; and to require all electric light, telephone and telegraph wires in the public streets to be placed in underground conduits;

awnings

crossings.

Thirty-ninth, The council shall have power to provide for Railroad and change the location and grade of street crossings of any railroad track; and to compel any railroad company or street railway company to raise or lower their railroad tracks, to conform to street grades which may be established by the city from time to time; and to construct street crossings in such manner and with such protection to persons crossing thereat, as the council may require, and to keep them in repair; also to require and compel railroad companies to keep Flagmen. flagmen or watchmen at all railroad crossings of streets, and to give warning of the approach and passage of trains thereat, and to light such crossings during the night; to regulate and prescribe the speed of all locomotives and railroad trains. and street railway cars within the city; but such speed shall not be required to be less than six miles per hour, and to impose a fine of not less than five nor more than fifty dollars upon the company, and upon any engineer or conductor, violating any ordinance regulating the speed of trains;

etc.

Fortieth, The council shall have power to require and com- Culverts, pel any railroad company and any street railway company to make, keep open and in repair, such ditches, drains, sewers and culverts, along and under, or across their railway tracks, as may be necessary to drain their grounds and right of way properly, and in such manner as the council shall direct, so that the natural drainage of adjacent property shall not be impeded. If any such railroad. company or street When council railway company shall neglect to perform any such require work done. ment according to the directions of the council, the council may cause the work to be done at the expense of such company, and the amount of such expense may be collected at the suit of the city against the company, in a civil action, before any court having jurisdiction of the cause;

may cause

license.

Forty-first, To require all persons engaged in the manu- Liquor facture and sale of spirituous, intoxicating, malt, brewed or fermented liquors to pay a license fee to the city for conducting their business, in addition to the tax provided by the general laws of the State, and to provide for the revocation of said license;

Prescribe

Forty-second, To prescribe certain limits of the city wheresaloon limits. in saloons may be allowed to conduct the business of selling intoxicating liquors;

Regulate number.

Forty-third, To prescribe and fix the number of saloons or places where intoxicating liquors can be sold within the limits of the city.

Style, passage.

CHAPTER X.

ORDINANCES AND FRANCHISES.

SECTION 1. The style of all ordinances shall be, "The city of Ironwood ordains." All ordinances shall be entitled but no ordinance shall be held invalid because the title does not accurately or fully express the object or objects of such ordinance. All ordinances shall require, for their passage, the concurrence of a majority of all the aldermen elect, and each ordinance must be presented to the common council at a regular meeting, be read by its title and laid on the table until the next regular meeting, when it may be acted upon, but no ordinance shall be passed without first having been read at length, immediately before it shall be voted upon. When to take The time when any ordinance shall take effect shall be prescribed therein but shall not be for less than ten days from the day of its passage and approval and such time when the ordinance imposes a penalty shall not be less than twenty days from the day of its passage and approval.

effect.

Clerk to record.

Certificate of publication.

Council may prescribe penalty.

SEC. 2. Within twenty-four hours after the final passage of any ordinance as provided in this act, except an ordinance granting a franchise, it shall be the duty of the city clerk to present the same to the mayor for his approval, and when he shall have approved the same the clerk shall immediately proceed to record the same in a book to be called "The Record of Ordinances," and it shall be the duty of the mayor and clerk to authenticate the same by their official signatures upon such record. It shall not be necessary to record ordinances at length in the journal of the proceedings of the common council, but it shall be sufficient to state the title of each ordinance only.

SEC. 3. When any ordinance shall have been published, as in the act provided, the clerk shall immediately after such publication enter upon the record of ordinances in a blank space to be left for such purpose under the recorded ordinance, a certificate stating in what newspaper and of what date such publication was made, and sign the same officially, and such certificate shall be prima facie evidence that the legal publication of such ordinance has been made. SEC. 4. When by the provisions of this act the common council has authority to pass an ordinance for any purpose, it may prescribe therein a fine or penalty not exceeding one hundred dollars, unless a greater penalty is herein author

ized, or imprisonment not exceeding ninety days, or both, in the discretion of the court, together with the costs of prosecution for violation of such ordinance, and may provide that the offender on failing to pay such fine or penalty, and the costs of prosecution, may be imprisoned in the county jail of Gogebic county, or in the jail of said city of Ironwood, for a term not exceeding ninety days.

notice.

records, etc.

SEC. 5. In all courts having authority to hear, try or Judicial determine any matter or cause arising under the ordinances of the city, and in all proceedings in the city relating to or arising under the ordinances or any ordinance thereof, judicial notice shall be taken of the enactment, existence, provisions and continuing force of the said ordinances. And Proof of whenever it shall be necessary to prove any of the records, laws, regulations or ordinances of the city, or any resolution adopted by the common council thereof, the same may be proved in all courts of justice, and in all proceedings: First, From a record thereof, kept by the city clerk; Second, From a copy thereof, or of such record thereof Copy. certified by the city clerk under the seal of the city;

Record.

Third, From any volume of ordinances purporting to have Volume.

been written or printed by authority of the council.

SEC. 6. No repealed ordinance shall be revived unless the Re-enactment. whole or so much as is intended to be revived shall be reenacted. When any section or part of a section of an ordinance is amended, the whole section shall be re-enacted.

council may

SEC. 7. The common council shall have the power, by Franchises, ordinance, to grant a franchise or franchises to any person, grant. persons, partnership or corporation to use the public streets and alleys of the city, for street railway purposes and for the establishment of electric light, telegraph and telephone lines, and for a gas plant or plants for the manufacture and distribution of gas for illuminating or other purposes, and for any other public purpose for the advancement of the interests and welfare of the city under such terms and regulations as it shall impose and as are prescribed by this act. But no franchises shall be granted for a longer period than Term. thirty years.

to electors.

SEC. 8. After the final passage of any such ordinance Submission of, granting a franchise by the common council and its approval by the mayor the same shall be submitted to the qualified electors of the city for their approval, either at the annual election in April, the general election in November or at a special election to be called for that purpose. At least ten Notice. days notice of such submission shall be given immediately preceding any such election by posting copies of said notice in three public places in each ward and by publishing the same together with said ordinance, in a newspaper or newspapers published in said city to be designated by the common council, for two weeks in succession immediately preceding the day of election. Said notice shall specify the objects for

Canvass of votes.

Results.

If

which it is proposed to grant any such franchise. The votes for and against the granting of any such franchise shall be canvassed, declared and returned, and all things with reference thereto done in the same manner, as near as may be, as in the case of the election of city officers. At the close of any such election, the inspectors thereof in the several wards, shall make a certificate of the number of votes given for and against the granting of any such franchise and forthwith file the same with the city clerk. The said clerk shall present such certificates to the common council, at its next regular meeting after such certificates have been filed. a majority of the votes cast at such election shall have been in favor of granting such franchise the council shall so declare the result and take the necessary steps to put such franchise into operation. The terms and conditions of any such franchise shall be definitely fixed and settled in the ordinance before the election provided for in this act shall be called and a copy of the same shall be filed before that time, with the city clerk and subject to public inspection, and any alterations or amendments made to the same after it shall have been so filed, shall render it and the election and all proceedings provided by this section as necessary to legally Recording of. pass the same, absolutely null and void. When any such ordinance granting a franchise shall have been legally and finally passed upon by the common council, approved by the mayor and approved by the qualified electors of the city, it shall be immediately recorded by the city clerk in the book of ordinances and published in the same manner as other ordinances are recorded and published. To amend, renew or extend an ordinance granting a franchise, after being passed, it must be submitted in its amended form, to a vote of the electors in the same manner as above provided for its original submission and passage and subject to the same terms and conditions.

How amended.

City reserves right to purchase.

Company to

make deposit expenses, etc.

for election

SEC. 9. No such ordinance granting a franchise shall be passed by the common council or submitted to a vote of the electors unless there shall be expressly provided therein, that the city reserves the right to purchase such property and assets of the grantee of such franchise as may be necessary for the enjoyment of such franchise, and which may be situated within the county of Gogebic, which purchase shall be made under such terms and conditions as shall be imposed by the terms of the franchise.

SEC. 10. It shall be the duty of the common council before ordering the question of granting any franchise to be submitted to a vote of the electors of the city and before calling any special election for that purpose to require the person or persons, company or corporation, to whom the same is proposed to be granted, to deposit with the city treasurer a sufficient sum to defray all the expenses of any such special election, the cost of printing and publishing said franchise as required by this act, and all other costs in connection

therewith, and the same shall be deducted from the sum so deposited and placed in the appropriate fund or funds and the residue, if any, returned to the persons depositing the same. When any such question shall be submitted to the Exception, electors at a regular election no charge shall be collected election. for the expenses of said election.

CHAPTER XI.

TAXATION TAXES AND THE COLLECTION THEREOF.

regular

make

SECTION 1. The assessor of the city shall make and com- Assessor to plete the assessment of all the real and personal property in assessment. the city liable to be taxed, and in the same manner and within the same time, as near as may be, as is required by law for the assessment of property in the several townships of this State; and in doing so shall, in all respects, unless when otherwise in this act provided, conform to the provisions of law governing the actions of supervisors in the townships of this State in the assessment of property and the levying of taxes.

review,

SEC. 2. On the second Monday in July, and for so many Board of days thereafter as may be necessary in each year, it shall be meetings, etc. the duty of the assessor and the aldermen of the city to meet at nine o'clock in the forenoon on each day, in the common council rooms. They shall select one of their number to act as chairman and the said assessor and aldermen, or a majority of them, when assembled together as aforesaid, shall constitute a board of review and equalization for the purpose of reviewing and equalizing the assessment roll of the city, as presented to them by the assessor, and of correcting any and all errors which said board or a majority of them may discover in said roll and of exercising all the powers which the boards of review of townships are authorized to exercise at the time appointed by law for the review and equalization of their assessments; and any member of said board is hereby authorized to examine, on oath, any person who shall make any application to said board, and also to administer an oath to any such person who may be required to file any affidavit with them. Notice of the time and place of such meet- Notice, how ing of the board of review and equalization shall be posted given. in at least three public places in each ward of the city for six days preceding the first day of said meeting and published at least twice in each of the English newspapers printed and published in the city.

board.

SEC. 3. When the said board has reviewed, equalized and Certificate of completed the assessment roll, it shall be their duty, or the duty of the majority of the members of said board to cause to be attached to said roll, signed by them, a certificate which may be in the following form: "We do hereby certify that Form. the above assessment roll contains a description of all the real estate in the city of Ironwood liable to be taxed, ac

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