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motion, by a majority vote, adjourn to meet at an hour and date to be named in the motion; at such meeting all unfinished business must be first transacted and then any and all other business. The mayor may at any time, when public necessity requires it, by proclamation, convene the common council in special session, at which no business shall be transacted except such as may be in writing referred to them by the mayor. [R. S. 1889, Sec. 1254.

SEC. 11. Quorum. The majority of the common council shall constitute a quorum for the transaction of business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as it may prescribe. [R. S. 1889, Sec. 1248.

SEC. 12. May make rules. The common council may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds of all the members elected, expel a member for malfeasance in office or disorderly conduct. [R. S. 1889, Sec. 1249.

SEC. 13. Shall keep a journal. The common council shall keep a journal of its proceedings, and the yeas and nays of the members on any question shall, at the desire of any two members, be entered therein, and the yeas and nays shall be recorded on the final passage of all ordinances. [R. S. 1889, Sec. 1250.

SEC. 14. Mayor pro tem.-The president of the common council shall exercise the duties and receive the compensation of mayor, whenever and so long as from any cause said office of mayor shall be vacant or the mayor be absent from the city. [R. S. 1889, Sec. 1269.

SEC. 15. Attendance of witnesses.-The council shall have power to compel the attendance of witnesses, and the production of papers relating to any subject under consideration, and in which the interest of the city is involved;

and shall have power to call upon the proper officers of the city or county in which such city is located, to execute such process. The president of the council, and the chairman of every committee thereof, shall have power to administer oaths, [R. S. 1889, Sec. 1256.

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SECTION 1. Mayor, election of.-The chief executive officer of such city shall be the mayor, who shall be elected by the qualified voters thereof, and who shall hold his office for two years, and until his successor is duly elected and qualified. [R. S. 1889, Sec. 1275.

SEC. 2. Qualifications of.-No person shall be a mayor who has not resided in the city one year, and who does not, at the time of his election, possess the qualifications of an alderman, as herein before defined; nor shall any person continue in the office of mayor who shall cease to possess any of said qualifications. [R. S. 1889, Sec. 1276.

SEC. 3. Tie vote; how determined.- When two or more persons shall have an equal number of votes, and more than any other person, for the office of mayor, the common council shall decide the election. [R. S. 1889, Sec. 1277.

SEC. 4.

Contested election.-Whenever an election for mayor shall be contested, the common council shall determine the same. [R. S. 1889, 1278.*

SEC. 5.

Vacancies. Whenever any

vacancy shall

happen in the office of mayor, it shall be filled by election, in

*Contested elections governed by Sec. 4706 R. S. 1889. Amended laws 1895, p. 172.

such manner as shall be provided by ordinance. [R. S. 1889, Sec. 1279.

SEC. 6. Removal from office. The mayor or other elective officer may be removed from office for any misdemeanor or other offense, by a vote of two-thirds of the common council, and the ayes and nays shall be entered upon the journal. [R. S. 1889, Sec. 1280.

SEC. 7. Duties of mayor.-The mayor shall take care that the laws of the state and the ordinances of the city are enforced, respected and observed within the city. He may, upon good cause shown, and by and with the consent of the common council, remit fines, forfeitures and penalties accruing from or imposed for the violation of any city ordinance. He shall have power to nominate, and by and with the consent of the common council to appoint all city officers not ordered by this article to be elected by the people or otherwise appointed; also, to suspend, and, by and with the consent of two thirds of the common council elect, to remove any city officer for cause. He may fill any vacancy which may occur in any elective office, until the same be filled by election, as hereinafter provided. He shall, from time to time, give the common council information relative to the state of the city, and shall recommend to their consideration such measures as he shall deem expedient, and for the advantage of the city. In all cases where, by this article or any ordinance of such city, the mayor is authorized, by and with the consent of the common council, to appoint any officer, it is hereby made his duty to make such nomination within such time as may be prescribed by ordinance. If the common council shall refuse their consent to any such nomination made by the mayor, he shall, within five days, if the council be then in session, nominate another person to fill the office. If he fail to make the nomination within that time, his power of appointment shall cease during the remainder of the term for which

such officer shall be appointed, and the common council shall appoint a suitable person to fill the office during the term. [R. S. 1889, Sec. 1281.

SEC. 8. Majority necessary to confirm appointment. When the consent of the common council is required by this article to the appointment of any city officer by the mayor, or any other officer or officers of the city, such consent can only be given by a majority of the common council elect voting for such appointment. [R. S. 1889, Sec. 1286.

SEC. 9. May call special meetings.-The mayor shall call special sessions of the common council by proclamation. [R. S. 1889, Sec. 1282.

SEC. 10. May require officers to exhibit accounts.—He shall have power, when he deems it necessary, to require any officer of the city to exhibit his accounts or other papers, and to make report in writing, touching any subject or matter he may require pertaining to his office. [R. S. 1889, Sec. 1283.

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made.—In the absence of any express provision in the laws governing cities of the second class as to the manner of appointing any officer, the mayor shall nominate, and with the consent of the common council appoint such officer. [Laws 1897, p. 47.

SEC. 2. Other officers. In all such cities there shall be a city clerk, city engineer, city assessor, city counselor and city comptroller, who shall be appointed by the mayor, by and with the advice and consent of the common council, and shall hold their office for the term of two years unless sooner removed, and who shall perform such duties as may be prescribed by this article or any ordinance of the city. [R. S. 1889, Sec. 1284.

SEC. 3. Elective officers.-There shall also be a city recorder, [judge of the police court] city attorney, city auditor and city treasurer, who shall be elected by the qualified voters of said city, to hold their offices for the term of two years, and until their successors are duly elected and qualified, who shall, in addition to the duties prescribed by this article, perform such other duties as may be prescribed by ordinance. There shall also be such other officers, servants and agents of the corporation as may be provided by ordinance, who shall perform such duties as may be prescribed by ordinance. [R. S. 1889, Sec. 1285.

SEC. 4. Salaries to be fixed by ordinance.— The common council shall, at least as early as their regular monthly meeting in March next before each biennial election, by ordinance, fix the salary and fees of all the officers for the next two fiscal years, and shall not increase nor diminish the salary of any officer during his term of office. [R. S. 1889, Sec. 1244.

SEC. 5.

General election to be held, when.The general election of all elective officers of such city shall be held on the first Tuesday after the first Monday in April, every two years, except as otherwise provided in this article in relation to the election of aldermen. Special elections to fill vacancies shall be held under such regulations as may be provided for by ordinance. [R. S. 1889, Sec. 1444.

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