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Revision of charter.

Commission, how selected.

Nomination, etc., of.

Quorum.

Amendment,

how submitted.

Prosecuting attorneys, duty of.

Governor to examine charter.

been adopted and the officers have been elected and qualified
as herein provided.

SEC. 14. Any village desiring to revise its charter shall do
so in the following manner, unless otherwise provided by
charter: When its legislative body shall by a two-thirds vote
of the members elect, declare for a general revision of the
charter, or when an initiatory petition signed by qualified
electors equal to at least twenty per centum of the total vote
cast for president at the last preceding election, and verified
by the person or persons who obtained such signatures, shall
be presented therefor, the question of having a general charter
revision shall be submitted to the electors for adoption or
rejection at the next municipal election. In case the electors
shall, by a majority vote, declare in favor of such revision,
a charter commission shall be selected consisting of five
electors who are freeholders, to be elected at large on a non-
partisan ballot, having a residence of at least two years in
the municipality. The five candidates having the greatest
number of votes shall be elected.

SEC. 15. The legislative body of the municipality, unless it is otherwise provided, shall fix in advance of the election of a charter commission, the manner of nominating and electing the same, the place of its meeting, the compensation, if any, of its members, the money for the expense thereof, and provide the ballots for election.

SEC. 16. A majority of those elected shall constitute a quorum of the commission and its powers and duties shall be the same as those prescribed in section eleven of this act.

SEC. 17. Any amendment to the existing charter may be submitted to the electors by a two-thirds vote of the legislative body of the village, or may be petitioned for by not less than twenty per centum of the number of electors voting for president at the last preceding election, which petition shall be verified by the oath of the party or parties securing the same and filed with the village clerk. Every such amendment shall be submitted to the electors at the next municipal election occurring not less than forty days thereafter.

SEC. 18. It shall be the duty of the prosecuting attorneys of the several counties to give advice to any and all charter commissions of this State as to whether proposed charters contravene the constitution and general laws of the State and such other information in relation to the formation or revision of charters as they may require. Every charter framed or revised by a charter commission shall, before presentation by the charter commission to a vote of the electors, be presented to the Governor who shall examine the same and append thereto a certificate setting forth that the same has been examined by him, and he may transmit to the charter commission submitting the same any information or recommendations that he may see fit and all such information and recommendations shall be delivered by said charter com

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mission with a complete draft of said charter to the legislative body of the village.

SEC. 19. Every charter and amendment thereto before sub- Charter, etc., mission to the electors, shall be published as provided in sec- published.

tion eleven of this act.

to be

SEC. 20. If the charter, or any amendment thereto, be ap- When to proved, then two printed copies thereof, with the vote for and become law. against duly certified by the village clerk, shall, within thirty days after the vote is taken, be filed with the Secretary of State and a like number with the county clerk, and shall thereupon become law.

SEC. 21. All elections held hereunder shall be paid for by Elections. the locality where held, and except as otherwise provided herein shall receive such publication and notice as the legislative body may determine, and shall be arranged for, held and conducted by the same officers and in the same manner, as near as may be, as general biennial fall elections.

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SEC. 22. When any person has committed or is suspected Crime, etc. of having committed any crime or misdemeanor within lage, or has escaped from any village prison, the police officers of the village shall have the same right to pursue, arrest and detain such person without the village limits as the sheriff of the county.

SEC. 23. Each village charter as hereafter adopted or Compulsory amended shall provide:

(a) For the election of a president who shall be the executive head, a clerk, and a commission or other body vested with legislative power, and shall fix their compensation;

(b) For the election or appointment of such other officers or administrative boards as may be deemed necessary; (c) For the levying and collection of village taxes; (d) That the subjects of taxation for municipal purposes shall be the same as for State, county and school purposes under the general law;

For an annual appropriation of money for municipal

purposes;

(f) For the public peace and health, and for the safety of persons and property;

(g) For one or more election districts, the time, place and means of holding elections and the registration of electors;

(h) For keeping in the English language a written or printed journal of all proceedings of the legislative body; (i) For the publication of ordinances before they become operative;

(j) For all sessions of the legislative body and all records of the municipality to be public;

(k) For adopting, continuing, amending or repealing vil lage ordinances;

(1) And for a system of accounts which shall conform to any uniform system required by law.

charter provisions.

Permissible charter provisions.

SEC. 24. Each village may in its charter provide:

(a) For the regulation of trade, occupations and amusements within its boundaries, including the sale of intoxicating liquors and the number of licenses to be issued therefor, but no charter shall permit the sale of such liquors in any county where such sale is prohibited by operation of the general local option law of the State, but may suppress saloons for the sale of spirituous and intoxicating liquors;

(b) For the punishment by proper penalties of those who violate its laws or ordinances, no such penalty, however, to exceed a fine of one hundred dollars and ninety days imprisonment in the county jail or village prison, or in any workhouse in the State authorized by ordinance to receive prisoners from such village;

(c) For the establishment of any department that it may deem necessary for the general welfare of the village and for the separate incorporation thereof: Provided, however, That these provisions shall not be construed to extend to public schools;

(d) For the use and enjoyment of the surface of its streets and of the space above and beneath them;

(e) For assessing and reassessing the cost, or any portion thereof, of any public improvement to a special district; (f) For the purchase of private property for any public use or purpose within the scope of its powers;

(g) For selling and delivering water, heat, power and light without its corporate limits to an amount not to exceed twenty-five per centum of that furnished by it within the corporate limits;

(h) For acquiring by purchase, land without its corporate limits necessary for the disposal of sewage and garbage, or for any purpose authorized by the constitution or general laws;

(i) For the use upon the payment of reasonable compensation by others than the owner, of property located in streets, alleys and public places and used in the operation of a public utility;

(j) For a plan of streets and alleys within its limits; For the use, control and regulation of streams, waters and water courses within its boundaries, but not so as to conflict with the laws or action thereunder where a navigable stream is bridged or dammed;

(1) For the enforcement of all such local, police, sanitary and other regulations as are not in conflict with the general law;

For exercising all municipal powers in the management and control of municipal property and in the administration of the municipal government, whether such powers be herein expressly enumerated or not; for any act to advance the interest of the village, the good government and prosperity of the municipality and its inhabitants; and for

making all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by the constitution in villages, except where forbidden, or where the subject is covered exclusively by a general law.

adoption of.

SEC. 25. Each village may adopt as its charter or any Statutory part of the same, any chapter, act or section of the statutes provisions. of this State in force at the time of such adoption and not inconsistent with the provisions of this act, which relates to the powers or government of villages generally, either by reciting the same in such charter or by appropriate reference thereto.

SEC. 26. No village shall have power:

(a) To submit to the electors a charter or any revision thereof oftener than once in every two years nor unless it shall be filed with the village clerk ninety days before the election: Provided, however, That this provision shall not apply to the submission and resubmission of charters to villages which may be incorporated under this act until they shall have first adopted a charter;

(b) To call more than two special elections within one year: Provided, however, That this prohibition shall not apply to elections which may be held in the submission and resubmission of charters to villages which may be incorporated under this act until they shall have first adopted a charter;

(c) To change the salary or emoluments of any public official after his election or appointment, or during his term of office, where such office is held for a fixed term, nor shall the term of any public official be shortened or extended beyond the period for which he was elected or appointed, unless he be removed for cause;

(d) To adopt any charter or amendment thereto, unless approved by a majority of the electors voting thereon at any general or special election;

(e) To sell any property of the value in excess of ten cents per capita according to the last preceding United States census or any park, cemetery or any real estate used in carrying on a public utility, or any part thereof, or any property bordering on a water front, or vacate any street or public place leading to a water front or engage in any business enterprise requiring an investment of money in excess of ten cents per capita or authorize any issue of bonds, except emergency bonds as defined by this act, unless approved by three-fifths of the electors voting thereon at any general or special election;

(f) To adopt any scheme for exemption from municipal taxation;

(g) Any village may acquire by purchase or condemnation proceedings land without its corporate limits necessary for the disposal of sewage or the obtaining or protecting of

Restrictions.

Existing laws,

a water supply for the village or the inhabitants thereof. The jury in condemnation proceedings shall consist of twelve freeholders drawn from the body of the county, and if they shall determine that such use is necessary, and that the use proposed will not materially injure the health or safety of persons living adjacent to the land, they shall award the compensation to be paid therefor. Other proceedings in such cases shall conform to the general law authorizing cities and villages to take or hold land or property outside of their corporate limits as contained in chapter ninety of the Compiled Laws of eighteen hundred ninety-seven;

(h) To repudiate any debt by any change in its charter or by consolidation with any other municipality;

(i) To incur indebtedness by the issue of bonds or otherwise, in any sum which, including existing indebtedness, shall exceed ten per centum of the assessed valuation of the real and personal property within the village subject to taxation as shown by the last preceding assessment roll of the village. Moneys on hand in a sinking fund limited to the payment of indebtedness may be treated as a reduction of such indebtedness to that extent: Provided, That in the case of fire, flood or other calamity requiring an emergency fund for the relief of the inhabitants of the village, or for the repairing or rebuilding of any of its municipal buildings, works, bridges or streets, the legislative body of the village may borrow money due in not more than three years and in an amount not exceeding one-fourth of one per centum of the assessed valuation of such village, notwithstanding such loan may increase the indebtedness of such village beyond the limitations fixed by its charter or in this act: Provided, further, That when a village is authorized to acquire or operate any public utility, it may issue mortgage bonds therefor beyond the general limit of bonded indebtedness prescribed by law: Provided, That such mortgage bonds issued beyond the limit of general indebtedness prescribed by law shall not impose any liability upon the village, but shall be secured only upon the property and revenues of such public utility, including a franchise, stating the terms upon which, in case of fore closure, the purchaser may operate the same; which franchise shall in no case extend for a longer period than twenty years from the date of the sale of such utility and franchise on foreclosure;

(j) To lay or collect taxes for municipal purposes at a rate in excess of two per centum of the assessed value of all real and personal property in the village;

(k) To issue any bonds without creating a sinking fund for the payment of the same, except special assessment bonds which are a charge upon a special district created for the payment thereof, and serial bonds payable annually.

SEC. 27. No provision of any village charter shall conflict

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