Abbildungen der Seite
PDF
EPUB

following, as in this section required, specifying the items thereof under their appropriate heads, together with such other matters as they may deem proper, or the common council may require: provided, that nothin this chapter contained shall be deemed to authorize said board of education, or the common council, or both, to appropriate, contract or expend for school purposes in any one year any greater sum than is authorized to be raised for school purposes, in addition to the school moneys derived by said city from the state and county school fund, and such fines, forfeitures and penalties and tuition moneys as may properly belong to the city school fund, unless first authorized thereto by a vote of a majority of the vote of said city, which may be cast upon the subject.

accounts.

SECTION 11. All accounts or demands against said Allowance of school district, less than the sum of thirty dollars, except salaries of teachers, or amounts previously fixed by contract or determined by law, may be allowed and paid by said board, after first being audited by the comptroller, by an order on the treasurer of the city, payable to the order of the person in whose favor the same may be drawn, and which order shall specify the purpose for which it is drawn, and the same shall be signed by the president of the board of education and city clerk. All other accounts and demands shall first be audited and then allowed by the common council.

CHAPTER XIX.

CITY BONDS.

authorized to

railroads.

[ocr errors]

SECTION 1. For the purpose of compromising and Issue of bonds taking up the bonds of the city of Fond du Lac, issued compromise inander an act entitled "an act to authorize the city of debtedness for Fond du Lac to loan its credit to aid in the construction of railroads," approved March 16, 1854, and also under an act entitled "an act to authorize the city of Fond du Lac to loan its credit to aid in the construction of the Chicago, St. Paul and Fond du Lac railroad," approved March 7, 1856, the common council of the city of Fond du Lac shall have power to issue the bonds of said city at a rate that the mayor and a majority of the common council may agree.

10-P. & L LAWS

Denomination

of bonds, rate

SECTION 2. The bonds herein provided for shall be of interest, etc. issued in amounts of not less than five hundred dollars and not exceeeing one thousand dollars each, except in fractional amounts due to individual bondholders, on the terms hereinafter specified for sums less than five hundred dollars, in which case they may be issued for the actual sum for which such bond or bonds may be compromised. Each of said bonds shall bear date at the time they are issued, and shall be issued on time not exceeding twenty years, and with coupons or interest warrants attached, drawing an annual interest not exceeding six per cent., to be paid at the office of the treasurer of the city of Fond du Lac.

Sinking fund for redemption of bonds.

To be delivered only in ex

bonds.

Embezzlement.

SECTION 3. For the better security and more prompt payment of said bonds, the common council aforesaid are hereby authorized and required annually to assess and levy upon the taxable property of said city a sinking fund, sufficient to redeem the whole of said bonds within twenty years, commencing five years after date. The sinking fund shall be expended in the purchase of the bonds herein authorized, at a price not exceeding their New York market value, and not above par, or otherwise to be invested in United States or state stocks, at not exceeding their New York market value, to be disposed of exclusively for the redemption of such bonds whenever they can be purchased as aforesaid.

SECTION 4. The common council of said city, change for old the city officers and its agents, are hereby expressly pro hibited from issuing and delivering any of the bonds herein provided for except in exchange for the bonds and coupons first recited in this chapter, and then only upon a compromise at a rate herein provided for; and any other delivery of said bonds by any city officer or agent of the common council shall be deemed an embezzlement, and subject the offender upon conviction thereof, to fine and imprisonment, at the discretion of the court before which conviction is had, and the bonds when so illegally issued and delivered shall be of no value, and shall not entitle the holder thereof to collect the same from the city.

Tax for paym't
of coupons
and sinking
fund.

SECTION 5. For the payment of the bonds herein authorized, the common council of said city is authorized and required annually to levy and assess upon the taxable property of said city a tax of sufficient amount to pay the coupons and sinking-fund, and such portion

Individual

court may order

of the bonds as may become due during the ensuing year, the levying whereof shall be ordered by a vote of the common council, taken by ayes and nays, and recorded upon the journal; and if the levying of said tax shall be neglected or defeated, except for cause over liability. which the common council may not have control, any member thereof so neglecting, or acting knowingly contrary to the requirements of this section, shall be personally liable to a fine of five hundred dollars. SECTION 6. In case of any neglect or omission to Judge of circuit levy such tax by the common council aforesaid, upon levy of tax. the application of any one or number of persons holding such bonds or coupons so to become due or over due, to the judge of the circuit court, and showing such neglect or omission of the common council to the satisfaction of said judge, he is hereby authorized to issue his precept to the city clerk of said city, or to any other person, commanding such clerk or person so designated to levy the necessary tax (specifying the amount to be raised) to pay the coupons, sinking-fund and bonds so due or to become due, and an assessment so made shall be legal and binding in all respects as if ordered by the common council; and for the purpose of facilitating the assessment of such tax in the manner prescribed, the person so directed by said judge shall have free access to all the city records, assess ment rolls or other papers necessary for that purpose, and the taxes so levied shall be collected by the city treasurer, and returns made in every respect like other city taxes, and when collected shall be appropriated exclusively for the purposes specified in the chapter.

bonds before

SECTION 7. The common council, by a vote of two- Purchase of thirds of all its members, shall have power to purchase maturity. the bonds of the city before due, at such reduced rates below their value as they may deem for the best interests of the city, and they may levy taxes as aforesaid for the payment of the same, not exceeding ten thousand dollars in any one year for such purpose.

ceivable for

SECTION 8. Coupons falling due in any one year, Coupons reshall be receivable for city taxes of the year in which taxes. such taxes may be assessed.

SECTION 9. The common council of said city is Prohibition. hereby prohibited from issuing the bonds of said city hereafter for any other purpose whatever, except in payment of the bonded debt of said city.

Additional

bonds from treasurer.

Penalty for non-compli

ance.

Actions to be in

SECTION 10. The common council of the city of Fond du Lac is hereby authorized to require of the city treasurer any additional bond and sureties which may be deemed necessary for the safe keeping and disbursement of the moneys collected by authority of this chapter, and for the faithful performance of all duties imposed by the same.

SECTION 11. If any member of the common coun. cil, or any city officer or agent, shall neglect or refuse to comply with the provisions of this act not made the subject of special penalty, he or they, as the case may be, shall be liable to such fine or imprisonment, or both, on conviction thereof, as the circuit court in its discretion may impose; and all fines imposed by the provisions of this act may be collected by action in the circuit court, upon complaint of any person or party interested, and shall be paid into the city treasury, and appropriated exclusively for the payment of the coupons and bonds herein before mentioned.

CHAPTER XX.

MISCELLANEOUS PROVISIONS.

SECTION 1. All actions brought to recover any penname of city. alty or forfeiture under this act, or the ordinances, bylaws, police or health regulations made in pursuance thereof, shall be brought in the corporate name of the city. It shall be lawful to declare generally in debt for such forfeiture or penalty, stating the clause of this act, or by-law or ordinance under which the penalty or forfeiture is claimed, and to give the special matter in evidence under it.

First process.

Defendant may be imprisoned.

SECTION 2. In all prosecutions for any violation of any of the provisions of this act, or any by-law or ordinance, except as is herein otherwise expressly provided, the first process shall be by summons, unless oath be made for a warrant, as in other cases.

SECTION 3. Executions shall issue forthwith upon the rendition of the judgment. The execution shall require the defendant in any such action, in case no goods or chattels, lands or tenements whereof the judg ment can be collected be found, to be imprisoned in the watch house or county jail of Fond du Lac county for a term not exceeding six months, in the discretion

of the judge or justice rendering judgment, unless the same be sooner paid.

witnesses, etc.

SECTION 4. No person shall be an incompetent judge, Competency of justice, witness or juror by reason of his being an inhabitant of said city, in any proceeding or action in which the city shall be a party in interest.

bridges.

SECTION 5. The general laws for the preservation of Preservation of bridges and the punishment provided by such laws for the willful and malicious injuries thereto, are hereby extended to the bridges in the city of Fond du Lac, and the common council may make such by-laws and regulations for the preservation of such bridges, and enforce the same by adequate penalties; and for any injury done thereto by boats, vessels, rafts or other materials, the amount of such damages shall be and remain a lien upon such boat, vessel, raft or materials, and the common council may proceed against them under the law to provide for the collection of demands against boats, vessels and rafts.

fines, etc.

SECTION 6. Neither the mayor or common council Remitting shall remit any fine or penalty imposed upon any person for the violation of the laws or ordinances of said city, unless two-thirds of all the aldermen elected shall vote for such release or remission; but the mayor shall be authorized in his discretion to release from imprisonment any person committed to the county jail or watch-house for a violation of the ordinances or laws of said city, by virtue of the judgment of the police court. SECTION 7. When any suit or action shall be com- Service of promenced against the city, the service of process therein ces against may be had by leaving a copy thereof with the mayor, and it shall be the duty of the mayor forthwith to inform the common council thereof, or take such other proceedings as by the ordinances or resolutions of said common council may in such cases be provided.

city.

offenders.

SECTION 8. The expenses of apprehending, exam- Expenses of ing, trying and committing offenders against any law trial, etc., of of this state in said city, and of their confinement, properly chargeable to the county of Fond du Lac, shall be audited, allowed and paid by the supervisors of said county, in the same manner as if such expenses had been incurred in any town of said county of Fond du

Lac

SECTION 9. No general law of this state contraven. No general law ing the provisions of this act, shall be considered as tot

to repeal this

act.

« ZurückWeiter »