Abbildungen der Seite
PDF
EPUB

OHIO STATE UN

SITY

All expenses of charter conventions shall be paid out of the treasury upon the order of the president and secretary thereof. The expenses of elections for charter conventions and of charter votes shall be paid out of the treasury, upon the order of the council.

No franchise, relating to any street, alley or public place of the said city and county shall be granted except upon the vote of the qualified taxpaying electors, and the question of its being granted shall be submitted to such vote upon deposit with the treasurer of the expense (to be determined by said treasurer) of such submission by the applicant for said franchise. The council shall have power to fix the rate of taxation on property each year for city and county

purposes.

NEW CHARTERS, AMENDMENTS OF MEASURES

SEC. 5. The citizens of the city and county of Denver shall have the exclusive power to amend their charter or to adopt a new charter, or to adopt any measure as herein provided:

It shall be competent for qualified electors, in number not less than five per cent, of the next preceding gubernatorial vote in said city and county, to petition the council for any measure, or charter amendment, or for a charter convention. The council shall submit the same to a vote of the qualified electors at the next general election, not held within thirty days after such petition is filed; whenever such petition is signed by qualified electors in number not less than ten per cent, of the next preceding gubernatorial vote in said city and county, with a request for a special election, the council shall submit it at a special election, to be held not less than thirty nor more than sixty days from the date of filing the petition; Provided, That any question so submitted at a special election shall not again be submitted at a special election within two years thereafter. In submitting any such charter, charter amendment or measure, any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately without prejudice to others. Whenever the question of a charter convention is carried by a majority of those voting thereon, a charter convention shall be called through a special election ordinance, as provided in section four (4) hereof, and the same shall be constituted and held and the proposed charter submitted to a vote of the qualified electors, approved or rejected, and all expenses paid, as in said section provided.

[blocks in formation]

The clerk of the city and county shall publish, with his official certification, for three times, a week apart, in the official newspaper, the first publication to be with his call for the election, general or special, the full text of any charter, charter amendment, measure or proposal for a charter convention, or alternative article or proposition, which is to be submitted to the voters. Within ten days following the vote the said clerk shall publish once in said newspaper the full text of any charter, charter amendment, measure, or proposal for a charter convention, or alternative article or proposition, which shall have been approved by a majority of those voting thereon, and he shall file with the secretary of state two copies thereof (with the vote for and against) officially certified by him, and the same shall go into effect from the date of such filing. He shall also certify to the secretary of state, with the vote for and against, two copies of every defeated alternative article or proposition, charter, charter amendment,

[blocks in formation]
[blocks in formation]

measure or proposal for a charter convention. Each charter shall also provide for a reference, upon proper petition therefor, of measures passed by the council to a vote of the qualified electors, and for the initiative by the qualified electors of such ordinances as they may by petition request.

The signatures to petitions in this amendment mentioned need not all be on one paper. Nothing herein or elsewhere shall prevent the council, if it sees fit, from adopting automatic vote registers for use at elections and references.

No charter, charter amendment or measure adopted or defeated under the provisions of this amendment shall be amended, repealed, or revived, except by petition and electoral vote. And no such charter, charter amendment or measure shall diminish the tax rate for state purposes fixed by act of the general assembly, or interfere in any wise with the collection of state taxes.

CITIES OF THE FIRST AND SECOND CLASS

SEC. 6. Cities of the first and second class in this state are hereby empowered to propose for submission to a vote of the qualified electors, proposals for charter conventions and to hold the same, and to amend any such charter, with the same force and in the same manner and have the same power, as near as may be, as set out in sections four (4) and five (5) hereof, with full power as to real and personal property and public utilities, works or ways, as set out in section one (1) of this amendment.

SCHOOL DISTRICTS CONSOLIDATED

SEC. 7. The city and county of Denver shall alone always constitute one school district, to be known as District No. 1, but its conduct, affairs and business shall be in the hands of a board of education, consisting of such numbers, elected in such manner as the general school laws of the state shall provide, and until the first election under said laws of a full board of education, which shall be had at the first election held after the adoption of this amendment, all the directors of school district No. 1 and the respective presidents of the school boards of school districts Nos. 2, 7, 17 and 21 at the time this amendment takes effect, shall act as such board of education, and all districts or special charters now existing are hereby abolished.

The said board of education shall perform all the acts and duties required to be performed for said district by the general laws of the state. Except as inconsistent with this amendment, the general school laws of the state shall, unless the context evinces a contrary intent, be held to extend and apply to the said "District No. 1."

Upon the annexation of any contiguous municipality which shall include a school district or districts, or any part of a district, said school district or districts or part shall be merged in said "District No. 1," which shall then own all the property thereof, real and personal, located within the boundaries of such annexed municipality, and shall assume and pay all the bonds, obligations and indebtedness of each of the said included school districts, and a proper proportion of those partially included districts.

[ocr errors][ocr errors]

Provided, however, That the indebtedness, both principal and interest, which any school district may be under at the time when it becomes a part, by this amendment or by annexation, of said "District No. 1," shall be paid by said school district so owing the same by a special tax, to be fixed and certified by the board of education to the council, which shall levy the same upon the property within the boundaries of such district, respectively, as the same existed at the time such district becomes a part of said " District No. 1,” and in case of partially included districts, such tax shall be equitably apportioned upon the several parts thereof.

SEC. 8. Anything in the constitution of this state in conflict or inconsistent with the provisions of this amendment is hereby declared to be inapplicable to the matters and things by this amendment covered and provided for.

[blocks in formation]

For organic acts relating to the land now included within Connecticut, see in other parts of this work :

Virginia Charter of 1606 (Virginia, p. 3783).

Council for New England, 1620 (Massachusetts, p. 1827).
Commission to Andros, 1688 (Massachusetts, p. 1863).

FUNDAMENTAL ORDERS OF CONNECTICUT-1638–39 * ₺

FORASMUCH as it hath pleased the Allmighty God by the wise disposition of his diuyne puidence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harteford and Wethersfield are now cohabiting and dwelling in and vppon the River of Conectecotte and the Lands thereunto adioyneing; And well knowing where a people are gathered togather the word of God requires that to mayntayne the peace and vnion of such a people there should be an orderly and decent Gouerment established according to God, to order and dispose of the affayres of the people at all seasons as occation shall require; doe therefore assotiate and conioyne our selues to be as one Publike State or Comonwelth; and doe, for our selues and our Successors and such as shall be adioyned to vs att any tyme hereafter, enter into Combination and Confederation togather, to mayntayne and p'searue the liberty and purity of the gospell of our Lord Jesus wch we now p'fesse, as also the disciplyne of the Churches, weh according to the truth of the said gospell is now practised amongst vs; As also in or Ciuell Affaires to be guided and gouerned according to such Lawes, Rules, Orders and decrees as shall be made, ordered & decreed, as followeth :

1. It is Ordered, sentenced and decreed, that there shall be yerely two generall Assemblies or Courts, the on the second thursday in Aprill, the other the second thursday in September, following; the first shall be called the Courte of Election, wherein shall be yerely Chosen fro tyme to tyme soe many Magestrats and other publike Officers as shall be found requisitte: Whereof one to be chosen Gouernour for the yeare ensueing and vntill another be chosen, and noe other Magestrate to be chosen for more then one yeare; p'uided

* Hazard's State Papers, I, 437-441.

66

A provisional government was instituted, under a commission from the General Court of Massachusetts (March 3, 1635) to eight of the persons who "had resolved to transplant themselves and their estates unto the River of Connecticut," that commission taking rise from the desire of the people that removed, who judged it inconvenient to go away without any frame of government,-not from any claim of the Massachusetts of jurisdiction over them by virtue of Patent."

Springfield withdrew in 1637 from the association, and the remaining towns-Windsor, Hartford and Wethersfield,-formed this voluntary compact or constitution on the 14th of January, 1638-'39.

OHIO STATE UN

allwayes there be sixe chosen besids the Gouernour; wch being chosen
and sworne according to an Oath recorded for that purpose shall
haue power to administer iustice according to the Lawes here estab-
lished, and for want thereof according to the rule of the word of
God; wch choise shall be made by all that are admitted freemen and
haue taken the Oath of Fidellity, and doe cohabitte wthin this Juris-
diction, (hauing beene admitted Inhabitants by the maior p't of the
Towne wherein they liue,") or the mayor p'te of such as shall be then
p'sent.

2. It is Ordered, sentensed and decreed, that the Election of the
aforesaid Magestrats shall be on this manner: euery p'son p'sent and
quallified for choyse shall bring in (to the p'sons deputed to receaue
the) one single pap" wth the name of him written in yt whom he
desires to haue Gouernour, and he that hath the greatest nüber of
papers shall be Gouernor for that yeare. And the rest of the Mages-
trats or publike Officers to be chosen in this manner: The Secretary
for the tyme being shall first read the names of all that are to be put to
choise and then shall seuerally nominate them distinctly, and euery one
that would haue the p'son nominated to be chosen shall bring in one
single paper written vppon, and he that would not haue him chosen
shall bring in a blanke: and euery one that hath more written
papers than blanks shall be a Magistrat for that yeare; wch papers
shall be receaued and told by one or more that shall be then chosen
by the court and sworne to be faythfull therein; but in case there
should not be sixe chosen as aforesaid, besids the Gouernor, out of
those wch are nominated, then he or they wch haue the most written
pap's shall be a Magestrate or Magestrats for the ensueing yeare, to
make vp the aforesaid nüber.

3. It is Ordered, sentenced and decreed, that the Secretary shall not nominate any p'son, nor shall any p'son be chosen newly into the Magestracy wch was not p'pownded in some Generall Courte before, to be nominated the next Election; and to that end yt shall be lawfull for ech of the Townes aforesaid by their deputyes to nominate any two who they conceaue fitte to be put to election; and the Courte may ad so many more as they iudge requisitt.

4. It is Ordered, sentenced and decreed that noe p'son be chosen Gouernor aboue once in two yeares, and that the Gouernor be always a mēber of some approved congregation, and formerly of the Magestracy wthin this Jurisdiction; and all the Magestrats Freemen of this Comonwelth and that no Magestrate or other publike officer shall execute any p'te of his or their Office before they are seuerally sworne, wch shall be done in the face of the Courte if they be p'sent, and in case of absence by some deputed for that purpose.

5. It is Ordered, sentenced and decreed, that to the aforesaid Courte of Election the seu'all Townes shall send their deputyes, and when the Elections are ended they may p'ceed in any publike searuice as at other Courts. Also the other Generall Courte in September shall be for makeing of lawes, and any other publike occation, wch conserns the good of the Comonwelth.

6. It is Ordered, sentenced and decreed, that the Gou'nor shall, ether by himselfe or by the secretary, send out sumons to the Consta

This clause has been interlined in a different handwriting, and at a more recent period.

bles of eu Towne f
month at lest before
the gretest p'te of
tion to call a genera
to doe wthin fower
require, vppon a sh
the deputyes when
if the Gou'nor and
refuse to call the tv
at other tymes wh
Freemen thereof, o
to doe: if then yt
the Mayor p'te of
bles of the seuera
gather, and chuse
any Acte of power
7. It is Ordered
given out for
stables of ech To
any
habitants of the
sending fro howse
lymited and sett,
and chuse certen
ing to agitate the
be chosen by all t
and haue taken t
Deputy for any C
welth.

The a-foresaid p'son that is p'se names of such, w for that Imployn agreed on to be papers written names shall be en into the Courte, 8. It is Order and Wethersfield freemen as deput Townes shall be So many deputye tion to the nuber attended therein Towne to giue t as may be for th be bownd. 9. It is ordere have power and togather before

things as may c their owne Elect the gretest pite seclud such for their resons to t

« ZurückWeiter »