Bemidji Daily Pioneer Newspaper, September 20, 1905, Page 2

The Daily Pioneer PUBLISHED EVERY AFTERNOON. _omcial Paper Village of Bemidiji PIONEER PUBLISHING CO0. By R. W. HITCHCOCK. A A A A A AN APPSR ANNNS Wosered in the postoffice at Bemidjl, Minn., as second r1ass matter. SUBSCRIPTION $5 PER YEAR Shall Bemidji City? IN THIS issue the Pioneer pre- sents a complete synopsis of the proposed charter by the adop- tion of which Bemidji may be: come a city. The charter has been prepared by the charter commission consisting of tifteen representative citizens of Be- midji and the village council has set Tuesday, September 26, as the day upon which the people of the city shall vote upon the adoption or rejection of the charter, upon the organization of Bemidji as a city or the continu- ing it as a village. Become a The population of Bemidji is 3800 and with the village of Ny- more 4327, That it is time that Beridji was organized as a city no one has yet disputed. All have agreed that organization as a city is urgently needed. There are several reasons why city or- ganization is demanded, chief among these being the fact that city organization, for places the size of Bemidji, have invariably proved the more economical mode of adminstration, and the turther fact that by city organi- zation the people of the city are better represented and have more voice in the management of their own affairs, each ward of the city being entitled to an equal number of representatives. The proposal to organize asa city, and to that end to adopt a home rule charter, which may. be amended at any time as the people of the city see fit, is how- ever, met at once with violent op- position on the part of those who fear that their positions under the city adminstration will there- by be endangered and by those who fear that their grip upon the political control of the city will be lost. Before the terms of the proposed charter known, the moment in fact that were the charter commission held its first meeting to consider whether & charter should be drafted, the News and the Sentinel both is- sued with violent denunciations of tho proposal to make Bemidji a city. If these newspapers and the faction which supports them are so anxious to prevent the people of Bemidji from even con. sidering a home rule charter and the organization of the town as a city does it not seem that they must have purposes of their own to subserve thereby? Aie ‘the people so ignorant, so unwise ~that they should not be allowed to consider these matters which so nearly affect them? Are the News and Sentinel so omniscient that the people should blindiy leave all public business to them to be done withas they and their friends see tit? A complete synopsis of the proposed charter is given to the public for the first time today. We believe this is a matter in which every citizen of the city is vitally interested. The synopsis gives in abbreviated form every- thing that is found in the cnart- er. Byalittle study every per- son may inform himself of the exact character of the govern- ment proposed for Bemidji. Skétch of Proposed City Charter. B 3 ", entitled “NAME, POWERS 2 UNDARIES.” contains the provision common to all city charters in the state, giv- ing the name of the corporation and defining in general terms its vested powers. «The boundaries of the city are identicak with those of the present village, Tne city is di- vided into four wards, as follows: First Ward; All of section 4 and that part of section 9 lying north of the eenter line of Fourth Street and East of the center line of Beltrami avenue. = Second Ward: All that part of section 9 ly- ing north of the center line of Fourth Street and west of the center line of Beltrami ave- nue. Third Ward: Sections 3, 6,7, 8, 17 and north half of 18. Fourth Wa Section 1, 2, 10, 11, 12, the north half of 15 and 16 and that part of see- tion 9 lying south of the center line of Fourth Street. 1L Chapter "II”, entitled “ELECTIONS AND GENERAL PROVISIONS.” names the city officers: defines the terms of all officers: pro- vides for elections — general and special: makes provision for filling vacancies in case of removals, abandonment or resignation; names qualificationns: provides penalties for malfeasance, etc. The “elective” officers are mayor, clerk, treasurer. assesors, and until a municipal court is established, two justices of the peace: two alde rmer. from each ward and one alderman at large. The term of office of mayor, clerk. treasurer. and assessor is one year, after the t term which expires. on the first Monday in March, 1%7. At the first election under the charter one alderman in each ward will be elected for a term expir- ing on the first Monday in March, 1907, and one member from each ward for a term ex- piring on the first Monday in March. 1908—the member receiving the highest number of votes holds the longer term. Thereafter the term of alderman will be tyo years—four new members being chosen each year. The alder- man at large is at the firsy election. elected for a term expiring on the first Monday in March, 1907, thereafter he is elected for a term of two yearS. The first election under the charter takes place on Nov. 7th, 1905. No further ion will then take place until the third Tuesday in February 1907. The third Tuesday is general election day, and all terms of office begin on the first Monday in March of the appropriate year. The general election 1 of the state are made applic- able to e ons under the charter. Alloffic other than those above enum- erated, are termed “appointive’. officers. They are appointed by the council, in the first instance for terms expiring on first Monday in March, 197, and thereafter for terms of one year. They are appointed at the first Monday in March of each year. The terms of office of members of the vari- ous boards are three years. III. Chapter “LII", entitled “OFFICERS —~POW- ERS AND DUTIES, defines the powers and duties of all city officers. elective and ap- pointive, with thé exception of the council. The appointive officers street commission- er. city attorney and city engineer. The charter adopts the language employed in city charters generally throughout the state in defining the duties and powers of these offi- ers, The only departure made from the ordi- nary language used in such instruments, generally, is in defining - the duties of the mayor. The mayor is clothed with all the powers of chief magistraté in other cities. He is required to sign all ordinances and resolu- tions passed by the council berore they are effective as such, and is vested with the veto but he is not a member of the council s nct required to attend council meet- ings—the alderman at large beiny the presid- ing officer of the council. The alderman at large succeeds to the office of mayor when the latter from any cause is unable to act, and fills out the une pired term of the mayor in case of a vacancy in that office. The matter of appointment of a.city engincer is optional with the council. Iv. Chapter “IV™, entitled, “THE COUNCIL", defines the dutie The powers of the couneil scope to the powers of other It is composed of the nine alde n.and a majority of all the members constituteS a quorum. The derman at large is the presiding officer. ie first meeting takes place on the 14th day of November, 1905, The_first annual meeting takes place on the first Monday in March in each year, at which time the council elects a president pro tempore, whose duty it is to preside in case the alderman at large is for any reason unable to act, The council also, at this fill the appointive offices for the ens r. Aftertheir first meeti fohe cotncil is required 1o hold stated me ings, and the mayor may call special mget: ings. e council is authorized to expend-during the fiscal year from the general fund for con- tingent expenses not to exceed 3500, and no part of this sum can be expended except upon resolutions adopted by at least a ¥ vote of all bers. Ttis also required to_appro- urther sum, not less than 3100 nor 200. as a conting ear, the ¢ 1 for bids for the public is required to be let to the lowest bidder. v Chapter is entited, “DEPARTME: AND BOARDS", and deals with the su implied from the title. The first sub- is the Police Department. The mayor has control and supervis on of this department. [l e;members are appointed by the mayor, anu he may at his pleasure. remove any member, but any police officer so discharged is permitted a hearing before the council if he demands it. he total expense of the rolice Department is limited to the amount of appropriation in each year made by the council. No person is eligible to the police force who is not a citizen of the United State. and able to read and write the English languge understandingly. nor is any person ent of the city for at appointment, or five years of age. 63 less than t yor is anthori: 1 temporary ap- ntments cannot last more than one week without the consent of the council. The ‘ot is also authorized to appoint special policeman at the request of perso i cial organizations, e free of expense to the city, and onfined in their powers to limits to be esignated by the mayor, and can wear no badge of office outside of such limits, except when taking a prisoner to the police station. 1t municipal court be established in the city, the mayor is required, at the request of the Municipal Judge. to appoint some mem- ber of the police force for attendance upon such court. The police are delegated with the powers usually conferred upon the police of other cities.the charter.in this respect, be- ing similar in its language to other charcters throughout the state, generally, The mayor and chief of police are required to formulate for the department, with a view of mak- efficient. These rules are required to h the city clerk. and a copy far- h member of the force. This s who are peace officers. pre- s for the refusal of persons in quelling disturbaaces, or who wrongfully assumes to act as police officer. patrolman or detective without auth- [ nished to chapter de seribes pen A matter of so much moment deserves the earnest considerag tionof all. Let us not believe what somebody else tells us, but let us study the proposed. echart- er for ourselves and decide for ourseives whether it will give Bemidiji a good form of govern- ment or not. If after careful consideration of the charter we believe that it will not better the us vote it down; if our own in- give us more voice in the man- agement of public affairs, as well as greater economy of adminis- tration, let us cast our votes for it. lary of not to ex- ! preseunt form of governwment, let| vestigations show us that it will ority, or who refuse or neglect to assist a police officer in makingan arrest when called upon to do so, or resists arrest or impedes a policeman in the discharge of his duty. - The compensation of members of the police de- partment is fixed by the council. The second sub-heading under this chapter. is the “"FIRE'DEPARTMENT.” The mayor i has general supervision of this department, which shall consist of a board of engineers, composed of a chief, two or more assistant engineers, one or more engine companies and one or more hook and ladder and hose: com- panies. The department may be volunteer, part paid or paid. but a part paid or paid department cannot be established except, by an affirmative vote of % Of all the members i ouncil. 1f the department be volun- I r, the members elect their own chief and { other officers, subject to the approval of the nd adopt their own constitutior and aws, subject to like approval. The chief is vested with powers smiilar 1o fire chiefs in other cities, generally. Provision is made for the destruction of buildings where such destruction is necessary to arrest the progr: ia of fire. The council is authorized to es- tablish and maintain efficient fire alarms and telegraph and telephonesystems for the use he fire department, Penalties’ are pre- scribed for disobedience t9 orders of the fire chief at fire. 4§ The third sub-heading is “WATER AND LIGHT DEPARTMENT.” The city is em- powered to construct or purchase, and main- tain its own water and_electric ?“zhb. Dower and neating plant, or either of them, ‘and to furnish the water. heat. and power to the inhabitants of the city. The .control and management of these plants may be exercis- ed by the council, orin its discretion. by a board to be known as the “Water and Light Commission.” 1f the board execises thé con- trol, the members of the board are appointed by the District Court. In the first instance the Court appoints one member for a term o: two years and one member for a term of one year, one member of a term of three years, and thereafter the court ap- points one member each vear, the board con- sisting of three members, all of whom shall be residents and citizens of the city, and at least two of whom shall be freeholders and residents of the for two years prior to the time of their appointment. The mem- bers of the board receive a salary of One Dollar per annum, and are required to give a bond for the faithful performance of their duties in the sum of 22500. The board regu- lates the di: ater, light, heat or The city cannot be charged a high han individuals, and cannot be made to pay more than 340 per hy- drant. y_water is paid forfrom_ the general fuud. The board is authorized to make rules and regulation to carry into ef- fect the provisions of this chapter, and are required to maintain the Fates so that the water and light fund of the city shall be at least sufficient to defray the cost of opera- tion of the plant under their management and to pay the interest on all bonds of the city issued on account of such plants. and to maintain a_sinking fund of 5 per cent of the bonds so designated for replacement. The board organizes by electing one of its members president and another secretary. The latter is the bookkeeper of the board. Said board shall employ a superintendant, an engineer and such other help as is necessary, dis charge such employees at will, and fix their compensation. The secretary is required to report to the council each month. All sup- pulies are purchased as follows: requisition for supplies is made by the board to the city clerk. who thereupon lays the matter before the council for their action. 1f allowed, the suppliés are then purchased by the clerk. The council may, however, by % orize the wate! i contract for servi the board may make their requisition to the clerk, who may, by and with the consent of the mayor, make tk 5 In case the council refuses a requisition fo supplies from the board,.the latter may ap peal to the District Court, and the Court is empowed to determine the question in a sum- mary manner. No extension of pipes, wires or mains can be made except by order of the board to be approved by the council. The board appoints a collector of rentals, Ample provision is made to insure the prompt pay- ment of rentals, and for the enfor ent of their collection, also penalties pre bed for the unauthorized use of water, light or power and for injuries to the plants’ The fourth sub-heading under th! ter is the "HEALTH DEPARTMENT’ "he board health is composed of three members, one of whom must be a practicing physician The members of the board are appointed b. the council, for a term of one ye: The board vested with the powers conferr of health by the general law and in addition thereto, powers and duties are presc: The fifth sub-heading under thi; the “LIBRARY'BOARD”. The city, by the DProvisions of this chapier, h power o tablish ‘and maintain’/public libraries and reading rooms, galleries of art and museums forthe a chapter is sted upon land to which the city has not the title in fee simp! The management and control of all such property is committed toa ibrary Board. composed of five members, follows: the mavor of the city and the superintendant of the public schools of the city. who are members, ex-officio, and three other members. two of whom may be women, and who shall be appointed by the mayor follows: one member for one year, one mem- ber for two years, one member for three ye said terms beginning on January 1s! appointed. The board crganize by electing one of their number president and one secre- tary, the latter beingclerk and bookkeep- er. Theboard may emwploy a librarian and fother necessary help and discharge its em- ployees at will. Tt makes rules for its employ- ees, and rules and regulations for the patron: of the libraries Supplies. books. furri- ture and fixture etc,, are purchased by the secretary of the board making requisition to the city clerk, who reports to the council, and the latter directs the clerk by resolution to make the purchases. The council may, however, authorize the board to make pur- chases, not to exceed $100 in_any one month, by a % vote of the coun e secretary of the board, under its direction, makesa report to the council. monthly. In this report, the books purchased during the month need not be enumerated. but sum total need only be given. All libraries, reading rooms, gailer- ies of art etc.. established by the city, are forever free to the inhabitants of the city. | subject to reasonable rules and regulations imposed for their protection. ¢ VI Chapter "VI”, is entitled “FINANCE AND TAXATION,” and deals with the subject in- dicated by the title, The fiscal year begins on the first day of I'ebruary. The city debt cannot be increased except as provided in the charter, neither can any bond or war- rant issue except as therein provided, neither can the city loan its credit or become a stockholder in acorporation, or make a dona- tion to any person or_corporation. The city is authorized to provide by taxation for pay- ment of interest and for asinking fund for the payment of bonds whether issued or to be {issued. A1l moneys and other property is {under the management and control of ‘the council. Money is paid _out of the treasury {upon a warrant signed by the mayor and countersigned by the clerk. after having been {duly authorized by the council. The funds maintained in the treasury are as follows: 1. A sinking fund, whi created for the puypose of paying the principal of the bond- { ed indebtedness, and is maintained by a three { mills levy on all taxable property and 25 per jcentof all licenses, and fines, and all money collected to pay interest in excess of the amount required to pay interest. 2. A perm- anent improvement fund, created for the ipurpose of paying for real property and permanent improvements thereon acquired by the city and also for paying such portions of local assessments as devolve upon the city and maintained by moneys derived from the sale of such property. and the sale of bonds sued on account of such fund, and the ex- ss of all assessments for sewer, paving and gutters, and further, by an annual tax to be levied and fixed by the council, 3. A perm- anent improvement revolving fund, created for the purpose of paying for local improve- ments for which assessments may by levied- Thisfund is not supported by taxation, but all moneysare paid into it that are derived from local assessments, and also such amounts as are realized from sales of bonds or certificates for local improvements. 4. The interest fund, which is created for the purpose of paying interest on outstandibg bonds, etc,, is maintained by an annual tax levy snfficient to pay such interest. 5. The Water and Light fund, created for the pur- Dpose of maintuining water and light plants. is not maintained by taxation, but all moneys i derived from a salesf bonds in that behalf, and all moneys derived from special assess- ments in that behalf and from sales of pro- perty connected with the water or light plants, including rentals, are paid into this fund. 6. The Poor Fund,created for the pur- pose of providing for the city’s . is main- tained by a tax of not to ex: 1% mills on the dollar of the valuation of pro- verty in the city. 7. The Library Fund. created for the purpose of maintaining a vublic library etc..iS supported by a tax of zot to exceed one mill on the dollar, and all moneys derived from any source, either by | or other property used in connec nd annually thereafter one member is ; ‘A Cream of Tartar Powder Made From Grapes No Alum ' gift or otherwise, on account of such institu- tions are paid into this fund. 8. Thegeneral Fund is created for the parpose of paying all other legal obligations of the city. It iS maintained by an annual tax levy, and all moneys not specifically designated as be- longing to any other fund are paid into this fund. Money cannot be diverted from the fund to which it belongs, except that when thereis a surplns of cash in an ne fund the council may. by % vote, authorize such sur- plus to be placed to the credit of the” sinking fund or idterest fund and when there is an accumulation in the water and light fund be- s thereof. the council may by % vote place s accumulation in the sinking fund. No money can be transferred from the sinking fund to any other fund until the purposes of the sinking fund are accomplish- ed, This chapter also provides for a sinking fund commission to be- composed of the | mayor, treasurer and attorney. who have | charge of the sinking fund under the direc- | tion of the This ecommission invest the sinking fund either in bonds and obliga- tions of the city, or such other bonds as are permitted by law for the investment of school funds of the state, or in any county or school bonds of the state. This commission, whose powers are specifically defined, act under the consent and directing of the coun- cil in all things, and are required to make de- tailed repors to the council on the first Mon- day in March in each year, and at such other times as the council may direct. Any tax payer of the city may enforce compliance with the provisions of this section, either on the part of the council or the commission. No department or officer of the city can create any debt on behalf of the city, except as authorized by the council. The power to borrow money and_ incurdebt is prescribed as follows: The city may issue bonds by ordinance as follows, First, for the purpose of constructing, extending and maintaining suitable water. light, heat or power plants, or for the purpose of paying for real estate ion there- with: Second, for the purpose of raising not to exceed 320000 for a permanent improve- ment revolving fund, in order to provide money for contemplated local improvements, such bonds to constitute a first lien on_such improvements, and upon the property bene- fited thereby and to be asse: therefore: Thira, for the purpose of paying. funding or refunding any indebtedness of the city or the interest thereon, whether now existing or hereafter created. The ci also_has power by ordinance to Issue certificates in anticipa- tion of taxes and ssment, and this chap- ter especially provides that certificates may issue in anticipation of a bond issue for the CONSTRUCTION OF A ER SYSTEM. When the council decide to issue bonds, the question is submitted to vote of the people either at a special or general election. The debt of the cannot be increased by bonds or otherwise beyond 5 per centof the total value if taxable property, but bonds may be issued for the purchase or construction of water, light, heat or power plants, and for creating a pcrmanent improvement revoly- ing fund. but the total amount of such bonds shall not, when added to the other indebted- ness of the city, exceed in a total amount, ten per cent of the taxable property, provid- ed however, that bonds mav be issued for funding the city’s bonded indebtedness when- ever required, and that certificates against taxes levied and assessed may be issued whenever required. Certificates or other evidences of indebtedness cannot bear a greater rate of interest than 6 per eent. and if they run for more than’ years, not greater per cent, and can in no event be. sold ss than par. The board of tax le composed of amayor, the clerk and the cl man of the finance committee of the council, and are delegated with the duties usually de- volving upon such boards. The mayor and one member of the council from: each ward constitutes the hoard of equalization; the mayor being the chairman. This board is vested with the same powers and duties con- ferred upon such boards by the gene laws of the state. This chapt 150 makes provi- fion for the le ng and collecting of a poll tax for not I than one nor more than three days work on the public streets, from all male inhabitants of the ¢ between the ages of 21 and 50° per: liable to this tax. at their option, pay $1.50 for each day so levied. into the city treasu VIL. “VIL”, is entitled “"EMINENT DOMAIN — LOCAL IMPROVEMENT AND ASSESSMENTS.” The city is empowered to to acquire by purchase, condemnation pro- ceedings or otherwise, any property. cor- poreal or incorporeal, wherever situated, either within or without the limits of the city, which may be needed by the city or any board or department thereof, for any public purpose whatever, and is empowered O levy assessments on property benefitted by any improvement which may be made by the council, to the extent of such benefits and without regard to valuation. The system of levying assessments and collecting them is the system adopted by the charter proposed for the city of Minneapolis. In acquiring property for publie buildings etc.. in the exer- cise of eminent domain, and opening, widening or extending streets the prelimin- ary steps are substantially the same. Five commissioners are in each instance appointed by the council not more than two of whom reside in the same ward. These commission- ers give notice of the time and place when they will meet to view the property, through the official paper. They then fix the amount 10 be paid for the property when it is taken for public buildings or the like, and make their report to the council. The council may reject or affirm the report. When a report is affirmed. provision ismade for the pay: ment of the award. In case of grad- ing, opening extending streets, the commis- sioners, assess the benefits and damages on the abutting property. and in case of di- verting or changing the course of any ditch, drain or stream of water, they also assess the expense of making the improvement on the property benefitted. If property is_bene- fitted by the improvement of the street, it is assessed accordingly, and if damaged,dam- ages are allowed accordingly. Ample pro- vision is made for all parties in‘erested to be heard both by the commissioners and the cOuncil before an improvement is made. and also ample provision made for appeals from the awards of the commissioners to the! court. 1In the case of paving, mecademizing, laying curb or gutter, watermains or sewer the council causes a survey and_estimate of the cost of the improvement to be made by an engineer. A brief statement of thisis laid before the council and published in the offic- ial proceedings Of the council, The matter is then laid over until next council meeting. when if the council still contemplates the improvement, it instructs the engineer to ad- vertise for bids for doing the work. The council then gives a hearing to all parties af- fected, and if it still concludes to make the improvement, it may proceed with the im- provement, either by bid or otherwise, When the cost of the work can be ascertained, the engineer makes and presents to the council assessment rolls, assessing the cost of the impovement on the abutting property at so much per frent foot, and such property is legally assessed accordingly. The assessment is limited. however. to the cost of a six inch, Chapte: M Satisfied for One €ent A Word FOR SALE. FOR SALE—Magniticent moose head, mounted; will be sold cheap Inquire at this office, FOR SALE — Rubber stamps. The Pioneer will procure any kind of a rubber stamp for vou on short notice. MISCELLANEOUS. WRITE A. D. STEPHENS, Crooks- ton, Minn.," about the new towns of Holt, Middle River, Strathcona and Grenbhush on tho Thief River Falls extension. PUBLIC LIBRARY — Open Tuesdays, Thursdays and Sat- urdays, 2:30 to 6 p. m. Thurs- day 7 to 8 p. m. also. Li- brary in basement of court House. Mrs. E R. Ryan, li- brarian. HELP WANTED. WANTED—Girl for general housework. 413 America Ave. —_— e WANTED—Cook and chamber- maid at once at the Lakeshore i hotel. : WANTED—Dinning room girl at Brannon Hotel, at Northome, Good wages. Call phone No. 203 before tomorrow evening. WANTED—For U. S. army able- bodied, unmarried men be- tween ages of 21 and 35, citi- zens of TUnited. States, of good character and temperate habits, who can speak, read and write English. For in- formation apply to Recruiting Offiter, Miles block, Bemidji. Minnesota. Lost and Found. A A AN AN RN LOST—Opportunities for profit when you neglect the Pioneer want columns. improvements will cost in excess of that sum into the permanent improvement revolving fund, in which case the improvements may be made’ Provision is made for the laying of branch pipes and assessing the cost thereof on the property benefitted, also for the lay- ing of pipes in areas and spaces wholly with- in the lines of a street, for draining marshy districts, whether within or without the limits of the city, where it is necessary for the health Of the community to do and for making parties who own such lands or are benefitted such drainage, parties to such proceedings, and for assessing the cost of such drainage upon the property benefitted. In case of corner lots or lots fronting«On two streets, the council may 4n its discretion, where pipes have been laid on both streets, remit such amount from the assessment, not exceeding the amount of assessment for 25 feet frontage, as is in the judgement of the council, just and equitable under the circum- stanc No improvement, the eost of which is raised in whole or in part by special assess- ment, can be ordered by the council later thgn the 1st of August in that vear, nor can any improvement be ordered unless there be sufficient money in the fund or accumulat- ing to that fund to pay the whole cost of the same when it is completed provided that when an improvement is desired by ownezs and such owners pay into the fund for such improvement asufficient sum to cover the estimated cost of making it, then the work may be proceeded with, and the parties ad- vaucing the money may be reimbursed by the city when the special as: ments for such improvements are collected. Provision is made for reassessing when as: nents are for any reason annulled by the court or otherwise. A ¥ vote of all the members of the council is required to make an improve- ment for which special assessments may be levied, except in the case of sidewalks, when an affirmative vote is sufficient, The assess- ment rolls are made out by the clerk and traosmitted to the County Auditor, and by the latter the assessments are extended on books of the county and collected with other taxes. Provision isalso made for the pay- ment of front foot assessments in install- ments, and with this end in view the County Auditor is required to divide such asse: ments into five equal installments and d tribute the same over a period of five ars, the deferred payments bearing interest at the rate of 5 per cent per annun. VIIL Chapter "VIII is entitled “PUBLIC HIGH- WAYS.” The city council is vested with the treets, alleys and public grounds with- e limits ‘of the city. Also parks and rk-ways, and may lay out, open and main- tain new streets alleys and highw and 2xtend, widen and straighten any that now exist, or which may hereafter e. and may also for the purpose of drainage, construc- tion of bridg nd making other necessary improvements, or for the improvement of the health and sanitary condition of the peo- i lower or raise, £ ivert any stream of water, or any ditch or drain within the limits of said city, and may build, maintain and re- B 5 & Dair bridges across streams or railway tracts and may provide for the pavement of zuul:»lra The teeet the or the roadbed of any street or ally. council also has power to establish grades, and may by a * vote chang grade of a street after it has been estal ed. In the case of changing the establ grade of a street, provision is made for allow- ing objections thereto by property owners affected by such change. Persors damaged may file a sworn claim to the amount of dam- age such change of grade will dO to them and the council may reconsider its action, if in its opinion, the amount of damage such change of grade will occassion does not war- rant the change, If, however, the council determine by % vote to make the change, nevertheless, then commissioners are ap- pointed to asseSs the benefits and damages occassioned by such change of grade, on the abutting property, and proceedings are had very similar to those in reference to opening, widening, laying out or straightening streets’ The commissioners make their award of as- sessments of benefits and damages, and re- DOTt back to the council. This award may be either confirmed or rejected and a new award ordered. When an award has been confirm- ed provision is made for those who feel agrieved thereby tO take an appeal to the District Court. 1Those not appealing are paid the.amount of damages awarded, and the assessments for benefits are collected in the same manner as other special assess- ments The city council may vacate or dis- continue public grounds, streets, alleys and public places. Also parks and park-ways within the city, and all county, territorial or state roads within the city, in the following manner. A petition shall be presented to the council signed by a majority of the owners, residents within the city, of the property abutting on the portion of such streets, alleys or public places sought to be vacated, and of property within X4 mile from each end of such portion, and of property within 300 feet on both sides of such portion, and outside the limes of such street, alley or public place, said petition to present the reasons for such vacation and be accompanied with a plat of the ground, When this petition has been filed. if the council conclude to act upon it, they shall cause to be published for four suc- cessive weeksIn the official paper a notice of the filing of the petition, and in said notice fix a timeg which shall notbe less than ten days after the last publication. when the council will meet and consider the petition and-hear testimony and evidence in relation thereto. 1f the council finally conclude to make the vacation prayed tor in the petition, commissioners are appointed to award bene- fits and damages, and subsequent proceed- ings are in accordance with the provisions of the charter relating to collection. of special assessments in the case of laying out, widen- ing and opening streets. It is the duty of all owners of property to maintain sidewalks on the streets on which such property abutts. of the width and material prescribed by the council, - If the council determines to build a sidewalk, it shall by resolution direct the building thereof | and prescribe the width of the same and the material to be used. Such resolution shall be published once in the Oficial paper, and if the owners do not within two weeks after such publication, build such side-walk, the city shall construct the same, and assess the cost thereof against the abut- in the case of water mains and a two foot pipe in case of sewer mains. Whereexcavating is excessive the assessment cannot exceed 65 cents per foot, in the case of water mains and $1.50 per foot in the case of sewer mains. The cost of the improvement above these figures is borne by the city. The terms 65 cents and 3130 have reference to a front foot on each side of the street abutting on the property. The city cannot make assessments fOr sewers, paving and gutter or sewers and gutter, in any one year to an amount_exceeding 320000., but this does not” prevent its ordering work aggregating in special assessments more than that sum. and owners of property desi such improvement may pay the amount such * ting property. Sidewalk assessments are collected in the same manner as other spec- 1al assessments are collected. It is made the duty of owners of property abutting on the streets to keep the sidewaks i%gmdr. and in case this is not done, the streefommissioner repairs the same, and reports the amount to the council, and once in each year, the coun- cil assesses the repairs against the several parcels of land which are liable, and the as- sessments are collected in the same manner as _other special assessments. Before the orders council the construction of a sidewalk, the ground for the same must be properiy graded, The city has the power to sprinkle the streets and assess the cost of sprinkling against property ahutting on the streets at > supervision and_control of all high- | an equal sum per front foot. Provision is made against the obstruction of streets, pil- ing of snow on street, etc., and_for the plat- ting of Tands, and acceptance of plats. , IX. Chapter “EX,” is entitled “FRANCHISES.” The word"Franchises” as used in the charter, shall be construed to mean any special priv- ilege granted to any person or corporation in, over, upon Or under any of the streets, alioys or public places of the city, whethersuch priv- ilege, has been granted by the city of Bemidji or by or under the state of Minnesota. Every ordinance by which the council shall pro- Dose to grant a franchise, shall contain all the terms and' conditions of the franchise,and it shall be a feature of every franchise that the maximum price for the service or charge shallbe stated in the grant. Before any such ordinance shall be in force, hall be adopt- ed by % vote of thecouncil. The 'city has the power to-regulate and control the max- imum rate to be charged by any corporation or person exercising any franchise, for ser- vices rendered by itito the city or the inhab- irats thereof, provided such rate is fair to 1he corporation or person and to the publie, " ae manner in which such rates shall be fixed by ihe cour s Ly ordinance,and the council have the right to prescribe by ordinance, and for the appointment of commissioners to in- vestigate and determine all questions with reference-to vote rates to be charged by such person orcorporation holding a franchise, No franchise can be granted for a longer period tha years, and no exclusive franchises or privileges can ever be granted. X. Chapter “X", is entitled “MISCELLANE- OUS PROVISIONs.” Tt is provided in refer- ce to salaries that the clerk, treasurer, as- essor, attorney and health officershall re- ceive salaries to be fixed by the council at a neeting in January of each year for eeding year, that the engineer, oner, members of the board of ive of the heath ofticer, mem- the board of equalization, oners appointed pursuant to the brovisions of Chapters VII, VIII, orIX, also allen of the city. shall, where no other Drovi: made gherefor in the charter, receive such compensation as the council may jdetermine, A salary cannot be increased or ished during the term. for which an ficer is appointed.or elected, or during the time intervening between such election or appointment and the commencement of the term of service, No member of a board or v city can accept either directly in or about the performance of of his office or positign, any gratuity or reward, excepting the salary or fees provided for is the charter. The council may require a bond from any officer or employe of the city and may fix the amount of the bond and make such regulations as it shall deem proper regarding sureties, and corporate sureties, authorized to do business in this state may be accepted, All contracts for commodities or service to be furnished or aperformed for the city or any de- partment thereof, involving the expendi- ture of more than 3100., shall. be made as follows and. not otherwise, All such com- modities or- service shall be furnished or done, unless the estimated cost does not ex- ceed $100.,. upon public bids or in open mar- ket, unless otherwise specifically provided for. The couucil may first request estim- ates for commodities or service from any department or-officer of the city. It shail then cause specifications or plans to be made and filed with the clerk. The clerk then advertises for bids in the official paper and such. other papers as the council shall direct, at such times and in such manner as the council shail direct. All bids shall be gccomponied by, a certain check on some responsible bank in Bemidji for 10 per cent of the bid to be forfeited if the bidder fails to perform in case the contract is let to him. The council then meet at the time and place appointed, in open session, and open and read the bids in their order,” A1l contracts must be let to the lowest responsible bidder and everything else being equal home bid- ders must be preferred to foreign ones. Al contracts sball be executed by the successful bidder within five days after the awarding uf the contract. When the bids are opened, they shall be read aloud, and any person is at liberty to see and inspect the bids if they so desire. In every eontract exceeding $200, the contractor is required to give bonds, and in contracts under that sum, tne council. may i exact bonds if it sees fit to do so. Contracts with the ity cannot be assigned, and before an estimate can be allowed a contractor he must make affidavit that all work and labor has been paid. Provision is made in this chapter for bringing action against the city for personal injir.es, limitirg the time in which sucn actions shall be brought, and pro- viding for previous service on the mayor. 1t also contains certain provisions in_reference to serving process on the city, collection of Jjudgments against the city, appeals taken by the city. Provides that all claims against the city shall be verified. and provides penal- ties for the allowance by any board or officer of the city of any claim not verified. Should Fix Sidewalks. Considerable complaint has been heard of late about the con- dition of the sidewalks along the {north side of Third street. A stone walk, constructed accord- ing to the established sidewalk grade, has been placed in front of the buildings in the middle of the block, and this walk is about a foot higher than the walk on each side. As a result several persons have stumbled while passing the high Walk, although 0o one has sustained any serious injury. A damage suit against’ the city might result if the con- sequences of a fall sustained by stumbling over the walk proved to be serious, i FOLEYSHONET=TAR for children; safe, sure. No oplates - b