A Bill for an act to incorporate the City of Springfield.
Sec[Section] 1. Of boundries and general powers. Be it enacted by the people of the State of Illinois represented in general Assembly. That the Inhabitance of town of Springfield in County of Sangamon and State of Illinois be and they are hereby constituted a body politic and corporate by the name and Style
of the City of Springfield, and by that name shall have perpetual Succession and may have and use a common Seal,
which they may change and alter at pleasure
Sec 2, All that district of country Enclosed whithin the following [boun]dries to wit, Being in Sangamon County and State of Illinois one mile square the State House is the centre of.
Sec 3, The president ^and^ Board of Trustees of the Town of Springfield, Shall on or before the first day of March next ^or as soon thereafter as practicable^ divide the Said City of Springfield into four Wards1, as nearly in population as practicable particularly describing the boundries of each.
Sec 4 Whenever any tract of land adjoining the City of Springfield Shall have
^or may have been^ been laid off into town ^lots^ and duly recorded as required by law the same shall be annexed to and form a part
of the City2 of Springfield
Sec 5 The inhabitants of said City by the name and Style afforsaid shall have power to sue and be sued, to implead and be impleaded, defend and be defended
in all Courts of law and Equity And in all actions whatever, To purchase, receive
and hold property real and personal beyond
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the City for burial grounds as for other public purposes for the ^use^ of the inhabitants of said City. To sell[,] lease[,] convey or dispose of property, real and and personal for the benefit of the City and to improve and protect Such property and to do all other things in relation thereto
as natural persons
Article 2.
Of the City Council
Sec 1, There shall be a City Council to consist of a Mayor and Board of Alderman
Sec 2, The Board of Alderman shall consist of one ^member^ from each ward to be chosen by the qualified voters for two years.
Sec 3, No person shall be an Alderman unless at the time of his election he shall have
resided six months within the limits of the City And Shall be at the time of his Election a bona fide freeholder in said City and twenty one years of age, and citizen of the United States
Sec 4, If any Alderman shall after his Election remove from the ward for Which he is
elected or cease to be a freeholder in said City, his office shall be thereby vacated
Sec 5 At the first meeting of the City Council the Aldermen shall be divided by lot
into two classes, the seats of those of the first class shall be vacated at the expiration
of the first year And of the second class at the expiration of the second year, so
that one half of the board shall be elected annually.
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Sec 6, The City Council shall judge the qualifications[,] elections and returns of their own members and shall determine all contested elections
Sec 7, A majority of the City Council Shall constitute a quorum to do business, but a
smaller number may adjourn from day to day and compel the attendance of absent members
under such penalties as may be prescribed by ordinance
Sec 8, The City Council s^h^all have power to determin the rule of its proceedings[,] punish its members for disorderly conduct and with the concurrence of two thirds
of the members elected expel a member
Sec 9 The City Council shall keep a journal of its proceedings and from time to time
publish the same, and the yeas and nays when demanded by any member present shall
be entered on the journal
Sec 10 No Alderman shall be appointed to any office under the authority of the City, which shall have been created, or the emoluments of which shall have been increased
during the time for which he shall have been elected
Sec 11 All vacancies that shall occur in the Board of Aldermen shall ^be^ fill^ed^ by election
Sec 12 The Mayor and each Alderman entering upon the duties of their office shall take
and sub subscribe an oath “that they will support the constitution of the United States and
of this state and that they will well and truly perform the duties of their office to the best
of their skill and abilities
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Sec 13, Whenever there shall be a tie in the election of Aldermen the judges of election
shall certify the same to the Mayor who shall determine the same by lot in such manner
as shall be provided by ordinance
Sec 14, There shall be twelve stated meettings of the City Council in each year, and at such times and places as may be prescribed
by ordinance
Article 3.
Of the ^Chief^ Executive officers
Sec 1 The Chief Executive officers of the City Shall be a Mayor, who shall be elected by the quaified voters of the City, and shall hold his office for one year, and untill his successor shall be elected and qualified
Sec 2 No person shall be eligable to the office of Mayor, who shall not have been a resident of the City for one year next preceding his Election or who shall be ^under^ twenty one years’ of age, or who shall not at the time of his Election be a bona
fide freeholder in said City and a citizen of the United states.
Sec 3 If any Mayor Shall during the time for which he shall have been elected remove
from the City, or shall cease to be a freeholder in said ^City^ his office shall be vacated.
Sec 4 Where two or more persons shall have an Equal number of votes for Mayor the judges
of election shall certify the same to ^the^ City Council who shall proceed to determine the same by lot in such manner as may
be provided for by ordinance
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Sec 5 Whenever an election of Mayor3 shall be contested the City Council shall determine the same in such manner as may
be provided by ordinance
sec 6 Whenever any vacancy shall hapen in office of Mayor it shall be filled by election
Article 4
Of Elections
sec 1 On the third monday of April next one Election shall be held in each ward of said
City for one Mayor for the City, one Alderman from each ward, and forever thereafter on the third monday of April
after, Each year there shall be an Election held for one Mayor for the City and two Aldermen from two of the wards, the first election held for Mayor and Aldermen
shall be held, conducted, and returns thereof made as may be provided by ordinance
of the present Trustees of Town of Springfield
sec 2 All free white male inhabitants4
^Citizens of the United States^ of the age of twenty one years who are entitled to vote for state officers and who
shall have been entitled actual residents of said City ninety days
^Six months^ next preceeding said election shall be entitled to vote for City officers provided that said voters
shall give there votes for Mayor and Alderman in wards in which they respec^tively^
fully reside and in no other, and that no vote shall be received at any of said elections
unless the person offer^g^ such ^vote^ shall have been an actual resident of ^the^ ward where the same is offered at least ten days next preceding such Election
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Article 5
Of the legislative powers of the City Council
Sec 1, The City Council shall have powers and authority to levy and collect taxes upon
all property real and personal within of the City, not exceeding one half per cent per annum upon the assessed value thereof, and may enforce the payment of the same
in any manner prescribed by ordinance not repugnant to the constitution of the United
States and of this state
Sec 2 The City Council Shall have power to require of all officers appointed in pursuance
of this Charter bonds with penalty and security for the faithfull performance of their respective duties as may be deemed expedient, and also to require
all officers appointed as aforsaid to take an oath for the faithful performance of the duties of their respective offices
upon entering upon the discharge of the same
Sec 4 To establish, support, and regulate common shcools to borrow money on the cridit of the City provided that no sum or sums of money shall be borrowed at a greater interest than
six per cent per annum nor shall the interest on the aggregate of all the sums borrowed and outstanding
every exceed one half of the City revinew arising for taxes assessed on real property within the corporation
Sec 5 To make regulations to prevent the introduction of contagious diseases into the
City, to make quarentine laws for that purpose and enforce the same within five miles of the City.
se" 6 To appropriate and provide for the payment of the debt expences of the City
se" 7 To Establish hospitals, and make regulations for the government of the same
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Article 6
Of the Mayor
Sect[Section] [1] The Mayor shall preside at all meetings of the City Council and shall have a casting
vote and no other in case of non attendance of the Mayor at any meeting the Board
of Aldermen shall appoint one of their own members chairman who shall preside at that
meeting.
Sec 2
The Mayor or any two Aldmen may call special meetings of the City Council
sec 3 The Mayor shall at all times be active and vigilant in enforcing the laws and
ordinances for the government of said City he shall inspect the condu[ct] of all subordinate offices of said City, and cause negligence and positive violation of duty to be prosecuted and punished
he shall from time to time communicate to the Aldermen such information and recommend
all such measures as in his opinion may tend to the improvment of the finaces, the police, the health[,] security[,] comfort[,] and ornament of the City
Sec 2 He is hereby authorised to call on every white male inhabitant of said City over the age of Eighteen years to aid in enforcing the laws and ordinances, and in
case of riot to call out the malitia to aid him in suppressing the same or in carrying into effect any law or ordinance
and any person who shall not obey such call shall forfeit to the said City a fine not exceeding five dollars
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Sec 3 He shall have power whenever he may desire it necessary to require of any of the
officers of the said City an exhibit of his books and papers
sect4 He shall have power to execute all acts that may be required of him by any ordinance
made in pursuance of this act
sect 5 He shall be Commissioned by the Govenor as a Justice of the peace for said City ^and County,^ and as such shall be a conservator of the peace in the said City and shall have power and authority to administer oaths[,] issue writs and processes under the seal of the City[,] to take depositions[,] the acknowledgments of deeds[,] Mortgages and all other instruments of writing and certify to the same under the
seal of the City which shall be good and valid in law
Sec 6 He shall have exclusive jurisdiction in all cases arising under the ordinances
of Corporation and concurrant jurisdiction with all Justices of the peace in all civil and criminal cases within
the limits of the City arising under the laws of the state and shall receive the same fees and compensation for his services in similar cases.
Sec 7 He shall also have such jurisdiction as may be vested in him by ordinance of the City in and over all places within five miles of the boundaries
of the City
for the purpose of enforcing the health and quarantine ordinances and regulations
thereof, And,
He shall receive for his service such salary as Shall be fixed by ordinance of the
City
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Sec 4 In case Mayor shall at any time be guilty of a palpable omision of duty, or shall wilfully and corruptly be guilty of oppression[,] malconduct or partiallty^aility^ in the discharge of duties of his office He shall be liable to be indicted in the
circuit Court of Sangamon County and on conviction he shall be fined not more than two hundred dollars and the Court shall have power on recommendation of the jury to add to the judgment of the Court that he be removed from office
Article 7
Proceedings in special cases
Sec 1 When it shall be necessary to take private property for opening, widing or altering any pub^l^ick street, lane[,] Avenue of Alley, the Corporation shall make a just compensation therefor to the person property whose property is so taken, and if the amount of such compensation cannot be agreed
upon The Mayor shall cause the same to be ascertained by a jury of six disinterest freeholders of the City
sec" 2 When the owner of all the property and street[,] lane[,] avenue, alley proposed to be opened[,] widened or altered shall petition therefore the City Council may open[,] widen or alter such street, lane[,] avenue or alley upon condition to be presented by ordinance but no compensation shall
in such case be made to those whose property shall be taken for opening[,] widening or altering such street, lane[,] avenue or alley nor shall there be any assessment of benefits or damages that may
accrue thereby to any of petitioners
Sec 3 All persons empower empowered to inquire into the amount of benefits or damages which shall hapen to the owers of property proposed to be taken for opening[,]
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widening or altering any street[,] lane[,] avenue or alley, shall be first sworn to that effect, and shall return to the Mayor
their inquest in writing and signed by ^the^ Jurors.
Sec 4 In assertaining the amount of compensation for property taken for opening, widing, or altering any street, lane, avenue or Alley, the Jury shall take into consideration
the benefit as well as the injury hapening by such opening[,] widening or altering such street, lane[,] avenue or alley, the Jury shall take into consideration the benefit as well as the
injury hapening by such opening widening or altering such Street, lane avenue or alley
Sec 5 The Mayor shall have power for good causes shewn him within ten days after any inquest shall have been returned to him as aforsaid to set the same aside and order a new inquest to be made
Sec 6 The City Council shall have power by ordinance to levy and collect a special
tax on the holders of the lots in any street, lane[,] avenue or alley or part of any street[,] lane[,] avenue or alley according to their respective fronts named by them, for the purpose
of paving and grading the side walks, and ligh^t^ing such streets, lane[,] avenue or alley
Sec 7
He shall also have such jurisdiction
Article 8.
Misscellaneous provisions
Sec 1 The inhabitants of the City of Springfield are hereby exempted from working on any road beyond the limits of the City and from paying any tax to procure laborers upon the same and from any tax for County purposes, Provided the Corporation shall support and provide for all the resident
poor
residents
^Paupers.^ of said City and pay all
^the ^
their due proportion of
[...?] expenses of the Circuit Court in all Criminal cases arising out of the offences, of any [...?]
^Citizen^ of said City, as also Jail feese which may accrue therefrom viz Boarding & lodging of Criminals or charges that may
be Just
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and equitable
Sec 2 The City Council shall have power for the purpose of keeping the streets, lanes[,] avenues or alleys in repair, and require any male inhabitants in said City of twenty one years of age to labour on said street, lane[,] avenue or alleys not exceeding three days in each and every year and any person failing
to peform such labour when duly notified by supervisor shall forfeit and pay ^not to exceed^ one dollar per day for each ^day^ so neglected or refused
Sec 3 The City Council shall have power to provide for the payment of officers punishment of offenders by imprisonment in Court or City jail in all cases when such
offenders shall fail or refuse to pay the fines and for forfeitures which may ^be^ recovered against them
Sec 4 The City Council shall cause, to be published annually a full and complete statement
of all moneys received and expened by the Corporation during the proceeding year and on what account received and expended
Sec 5 All ordinances and resolutions passed by the President and trustees of the Town
of Springfield shall remain in force untill the same shall have been repealed by the City Council hereby enacted created, Provided no Contract or agreement shall be effected thereby
Sec 6
All ^suits^ actions fines and penalties and forfeitures which have accrued to the President &
Trustees to the Town of Springfield shall be vested in and prosecuted the Corporation
hereby created
Sec 6 All suits, actions, and prosecutions instituted[,] commenced or brought by the corporation hereby created
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shall be instituted[,] commenced and prosecuted in the name of the City of SpringfieldSec 7 All actions[,] fines[,] penalties, and forfeitures which have accrued to the President and Trustees to the
town of Springfield shall be vested in and prosecuted by the Corporation hereby created
Sec 8 All property real and personal heretofore belonging to the President and Trustees
of ^the^ Town of Springfield for the use of the ^said^ inhabitants of said Town shall be and the same is hereby declared to be vested in the corporation hereby created.
sec" 9 This Charter shall not invalidate any act done by the President and Trustees
of the Town of Springfield nor divest them of any right which may have accrued to them prior to the passage
of this act.
sec 10 The President and Trustees of the Town of Springfield shall immediately after the passage of this law within the limits of the City of
Springfield issue their Proclamation for the Election of officers and cause the same to be published
in all the newspapers in said City; for four weeks in succession prior the day of Election for said officers
Sec 11 Appeal shall be allowed from the decission in all cases arising under the provisions of this act or any ordinance passed in
pusuance thereof to the circuit Court of Sangamon County and every such appeal shall be taken and granted in the same manner and like effect
as appeals are taken from and granted by Justices of the peace
Sec 12 Whenever the Mayor shall absent himself from the City or shall resign or die or his
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office shall be otherwise vacated, The board of Alderman shall immediately proceed to elect one of their number President Who shall be the
Mayor pro tem
Sec 13 This act is hereby declared to be a public act and may be read in evidence in
all Courts of law and Equity in this state without proof
Sec 14 All acts or parts of acts coming within the provision of this Charter or contrary
to or inconsistant with its provisions, are hereby repealed
Sec 15 The City Marshall or any other officer authorized to execute writs or other process Isued by the Mayor shall have power to Excute the same any where within the limits ^of the City^ of Sangamon County, and shall be entitled to the same fees for traveling as are allowed to Constables
in similar cases
sec 16 This Act shall take effect from and after the passage of the same
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Com[Committee] Jud[Judiciary]
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laid on table
Handwritten Document, 16 page(s), Folder 260, SB 65, GA Session 11-S, Illinois State Archives (Springfield, IL) ,