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Sec. 4. At said election each vote shall have written or printed Ballots, etc. upon it the words “Railroad Appropriation-Yes,” or “ Railroad Appropriation-No." If a majority of the votes polled in the county shall have upon them “Railroad Appropriation-No," then no further proceedings shall be taken in said county under the provisions of this Act. If a majority of the votes so cast in any county shall have upon them “ Railroad Appropriation-Yes," then the Board of Commissioners of said county shall proceed as hereinafter directed.
Sec. 5. Whenever, after the vote in any county in favor of the ap- When propriation, the said company shall have graded and fitted to receive boarn toda the iron superstructure,-if in the county of Elko, of thirty miles; if in White Pine County, of fifty miles ; if in Nye County, of thirty miles ; or if in Lincoln County, of forty miles of the said Railroad, and an affidavit of that fact, made by a competent civil engineer, or certificate of the County Surveyor to the same, shall be filed with the Board of Commissioners, the Board shall forthwith cause to be prepared, issued and delivered to said company, for its benefit, the bonds of said county, to the amount named in the appropriation voted. The said bonds shall Bonds, how be of such convenient amounts, not less than one thousand or more than issued, and five thousand dollars, as the Commissioners shall direct. They shall be ble. payable in gold coin, fifteen years from their date, with interest payable semi-annually, in gold coin, at the rate of seven per cent. per annum. They shall each be signed by the President of the Board, and counter- How signed by the Treasurer of the County, and interest coupons shall be signed, etc. attached, signed by the President of the Board, for the semi-annual interest. Sec. 6. From and after the issuance of said bonds, the Board Special tax
to be levied. of Commissioners of the county shall annually, at the same time and in the same manner as other county taxes are levied, levy a special county tax, sufficient in amount to pay the semi-annual interest upon said bonds; and after the third year from their issuance, an amount sufficient to pay, in addition to the interest, one twelfth part of the principal of said bonds; and the faith of the State of Nevada is hereby pledged that this Act shall not be repealed or so modified as in any way to impair the security of those who shall hold or purchase the bonds herein provided for.
Sec. 7. The proceeds of said tax shall be placed by the County Railroad Treasurer in a separate fund, to be known as the “ Railroad Interest Interest and Sinking Fund," and shall be applied, first, to the payment of the ing Fund. interest on said bonds as the same shall become due; and second, to the redemption of said bonds in the manner specified in the next section.
Sec. 8. Whenever after the third year from the issuance of said Surrender bonds all interest due upon said bunds shall have been fully paid, and of bonds. there shall be in said fund a surplus of five thousand dollars or upwards, which, upon a fair estimate of the receipts which will probably come into the same, will not be needed for the payment of the future interest to accrue within the next succeeding twelve months, the Board of Commissioners, after having ascertained the amount of said surplus, sball insert an advertisement in at least one newspaper published in said county, for the period of not less than two weeks, stating the amount of money on hand to be applied in the purchase of said bonds, and inviting sealed proposals to surrender the same, to be made and Sealed filed with the clerk of said Board on or before a day certain therein proposals. named. At the next meeting of the Board after said day, the Board Proposals shall open such sealed proposals as shall have been filed on or before opened.
the day fixed in the advertisement, and to the extent of the amount named shall purchase the bonds so offered, giving the preference in all cases to the bidder who shall offer to surrender said bonds at the lowest price; provided, that no offer shall be accepted for more than the par value of said bonds.
CHAP. XCIX.-An Act to incorporate the town of Hamilton.
[Approved March 6, 1869.]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Hamilton SECTION 1. For the purpose hereinafter mentioned, the inhabiCity incor
tants of that portion of Lander County embraced within the limits hereporated.
inafter set forth in this section, shall be a body politic and corporate, by the name and style of the “ Inhabitants of Hamilton City,” and by that
name they and their successors shall be known in law, have perpetual Boundaries. succession, sue and be sued in all Courts. The boundaries of said in
corporate city shall be as follows, viz: Commencing at a point two hundred feet north of Hamilton upper spring, and running west one mile, thence south one mile, thence east two miles, thence north one mile,
thence west one mile to the place of beginning. Corporate SEC. 2. The corporate powers of said city shall be vested in a howevested. Board of Trustees, to consist of five members, who shall be resident
householders of said city. In addition to said Trustees, there shall be a Treasurer, Assessor and Marshal elected by the qualified electors of
said city. Term of Sec. 3. The said officers shall hold their offices for the term of one office.
year, and until their successors are elected and qualified, except as
hereinafter provided. Eligible to Sec. 4. No person shall be eligible to the office of Trustee, Treas. office.
urer, Assessor or Marshal, who shall not be a qualified elector of the State of Nevada, and who shall not have been an actual resident of the
said Hamilton City for three months next preceding the election. Voters, Sec. 5. No person shall be allowed to vote for said officers who qualifications of. shall not be a qualified voter of the State of Nevada, and shall not
have actually resided at Hamilton City for three months next preced
ing the election. General
Sec. 6. The general election shall be held on the first Monday of Election.
June of each year. Laws
Sec. 7. All the provisions of law now in force, and of all laws applicable to elections, which may be hereafter enacted regulating elections in the State of
Nevada, so far as the same are consistent with the provisions of this
Act, shall apply to the election of officers herein provided for. The Judges and Board of Trustees of Hamilton City shall, for each election, at least Clerks of elections. three days prior to the same, appoint three Judges, and shall designate
the place for opening the polls. Within two days after each election, the Judges and Clerks of the same shall make out, sign and deliver to such of the Trustees receiving the bighest number of votes, the certificate of their election to such office. Immediately after the votes are
counted, the said Judges and Clerks shall make out a statement of the number of votes cast for the offices of Trustee, Treasurer, Assessor and Marshal, and for each person severally, which statement shall be certified under oath by the majority of said Judges, and they shall cause the same, together with the poll list and votes duly sealed up, to be delivered to the Board of Trustees of said city. Within two days after the receipt of the same, the said Board of Trustees shall proceed to Canvass. ascertain from such statement, what persons have received the highest number of votes for the offices of Treasurer, Assessor and Marshal, and a certificate of election shall be issued by the Clerk, under the direction Sealed of said Trustees, to the persons receiving the highest number of votes for packages, each of said offices respectively. The Clerk of said Board of Trustees shall keep the sealed packages containing the ballots and poll lists for thirty days, when, if no notice of any contested election shall have been given, he shall destroy the same. Sec. 8. The Trustees, Treasurer, Assessor and Marshal chosen at Officers to
qualify and any election, shall be qualified and enter upon the discharge of their enter duties within one week after being notified of their election ; and in duties. case of any Trustee, Treasurer, Assessor or Marshal, shall fail to qualify in the said time, his office shall be deemed vacant. All officers, before entering upon their official duties, shall take the official oath prescribed by law.
Sec. 9. The Board of Trustees so elected shall, at their first meet- President ing, or as soon thereafter as may be, elect one of their number as of Board. President, who shall preside at all meetings, and discharge such other duties as may be prescribed by the Board of Trustees.
Sec. 10. When a vacancy shall occur in the office of Trustee, Vacancies Treasurer, Assessor or Marshal, the Board of Trustees shall appoint in
how filled. some person to fill such vacancy, and such person so appointed shall hold his office for the residue of the term of his predecessor.
Sec. 11. The Board of Trustees shall have regular meetings, as by Regular adjournment or resolution they may direct, and the President shall meetings. have power to call special meetings whenever he deems the same necessary.
Sec. 12. A majority of the Board of Trustees shall constitute a Quorum. quorum to transact business.
Sec. 13. The Board of Trustees shall determine rules for the gov- Rules, etc. ernment of their own proceedings, and shall be judges of the election and qualifications of their own members. All their meetings shall be public, except when the Board shall deem that the interests of the city require secrecy. A journal of all proceedings of the Board shall be accurately kept by the clerk, and the ayes and nays shall be taken and entered upon the journal, upon the passage of any question, at the request of any member.
Sec. 14. The Board of Trustees shall have power: First-To General make by-laws and ordinances not repugnant to the Constitution or laws powers of
Board. of the State of Nevada. Second To levy and collect taxes upon all property within the city, both real and personal, made taxable by the Taxer. laws of the State of Nevada, for State and county purposes, which are now in force or which may hereafter be enacted except the proceeds of mines, which shall not be subject to taxation, which tax shall not exceed one and one-half per cent. per annum upon the assessed value of all property. Third-To lay out, extend, open, alter and repair the streets st
reets, etc. and alleys, and provide for the grading, draining, cleaning, widening and lighting, or otherwise improving the same; also, to provide for the
construction, repair, and preservation of sidewalks, bridges, drains and sewers, and for the prevention and removal of obstructions from the streets and sidewalks, and in the creation of sidewalks, and making other improvements; to compel the owners of lots and property to bear the expenses of erecting sidewalks and creating improvements in front of the same, by special tax or otherwise. Fourth-To provide for the extinguishment of fires; also, to organize, regulate, establish and disband fire companies. Fifth-To regulate the storage and sale of gun
powder, and all other combustible or explosive material. Sixth-To Nuisances. prevent and remove nuisances ; also, to determine what are nuisances. Offices and
Seventh-To elect a clerk, and fill the additional offices of City Attorofficers.
ney and City Recorder, and such other offices as they may deem necessary for the public interests, whenever in the opinion of a majority of said Board, the exigencies of the times require such officers, and to provide for the election of all officers that may be appointed under this provision. All officers appointed by the Board shall hold their respective offices until the general election, and until their respective successors are elected and qualified, unless they shall be sooner removed for
misconduct in office, neglect of duty, or other cause, or said office be City Police. abolished. Eighth-To create and establish a City Police, and pre
scribe their duties, and is their compensation, and provide for Licenses. the regulation and government of the same. Ninth-To fix and
collect a license tax on, and collect a license tax on and regulate all theaters and theatrical performances, shows, circuses, billiard tables, bowling aileys, and all exhibitions and public amusements; to fix, reg. ulate, and collect a license tax on, and regulate all hotels, restaurants, lodging houses, chop houses, saloons, bar rooms, bankers, brokers, gold dust or bullion buyers, manufacturers, livery stables, express companies, and persons engaged in transmitting letters or packages; to fix and collect a license tax on, and regulate auctioneers, stock brokers, drays, job wagons, and stage companies or owners, whose place of business is in said city, or who shall have an agency therein ; to license, tax and regulate, or prohibit or suppress all tippling houses, dram shops, raffles, hawkers, peddlers, pawnbrokers, all gaming, gambling houses, hurdy-gurdy houses, public dance houses, and houses of illfame; to fix and collect a license tax upon all professions, trades or
business, not herein before specified, having due regard to the amount Same. of business done by each person or firm thus licensed. Tenth-To
provide for the issuance of all licenses above named, in such sums and Dogs.
on such terms as they may deem best. Eleventh-To levy and collect an annual tax upon all dogs within the limits of said city, and provide
for the extermination of all dogs for which such tax shall not have been Public paid. Twelfth-To provide for all necessary public buildings for the
use of said city. Thirteenth-To prevent and restrain any riot or Riots, etc. riotous assemblage, or disorderly conduct within said city; to close all
places of business, or public amusement on Sunday, and prohibit and suppress the sale of spirituous liquors on any day of municipal, county or State election. Fourteenth-To establish a board of health, to
prevent the introduction and spread of disease, and provide for the Gunpow indigent sick. Fifteenth-To provide for and regulate or prevent the
using of gunpowder, or other explosive or combustible material, the use of which would be likely to endanger the lives or property of the
inhabitants; to make ordinances for the preservation of the peace, Wards.
quiet and safety of the inhabitants of said city. Sixteenth-To divide the city into two or more wards, define the boundaries thereof, and
Board of Health.
provide for elections therein. Seventeenth-To fix and prescribe the Fines, etc. punishment for the breach of any city ordinance or resolution, but no fine shall be imposed for any one offense in any sum greater than five hundred dollars, and no term of imprisonment shall be prescribed for more than six months. Eighteenth-To determine the duties, fix and Salaries, etc. establish the fees, salaries and compensation of all officers of said city; provided, that no member of the Board of Trustees shall receive or be entitled to receive for his services more than one hundred dollars per annum. Nineteenth-To compel the attendance of absent members, Absent
members, to punish members for their disorderly conduct, and to expel members etc. for cause, by a vote of four-fifths of its members elected, and also to fill all vacancies occurring in their own number, or in the office of any city officer mentioned in this Act. Twentieth - To make all necessary Contracts, contracts and agreements for the benefit of the city; to contract debts etc. on the faith of the city, but no debt shall be contracted or liability incurred which shall exceed in the aggregate the sum of twenty thousand dollars; to appropriate money for any item of city expenditure, and to appropriate to the use of the city all fines, penalties and forfeiture for the breach of any city ordinance. Twenty-first- All taxes Gold coin. and fines imposed, and all scrip issued, shall be made payable in gold coin of the United States. Twenty-second-All ordinances made by Ordinances, said Trustees shall be signed by the President and Clerk of said etc. Board upon the journal of proceedings, where the same shall be written in full, and all scrip and bonds issued, contracts and agreements made, shall be signed by the President and countersigned by the Clerk of said' Board. Twenty-third—The Board of Trus- Condemnatees shall have power to condemn and appropriate to the public tion of..
property. use, or the use of the inhabitants of said city, all real or personal property, when they deem the same necessary for the opening of streets or alleys, or for other public purposes, such property shall be condemned or appropriated in the following manner: The Board of Trustees shall appoint one referee, and the claimants, owner or owners of such property, so to be condemned, shall appoint one referee, and in the event of the two referees so appointed shall not agree in the valuation of such property or claim, then shall the two so appointed select a third referee, and the decision of a majority of such three, as to the valuation of the property or claim by them appraised, shall be reported to said Board of Trustees, and may by them be regarded and held as finally binding, and upon the payment of the sum named by said appraisers for such property to the claimant or owner thereof, or his agent or attorney, such property or claim shall become the property or claim of said city, and take full and immediate possession of the same ; and it may be obtained in the form and manner provided by law, where the relation of landlord and tenant exists. In case the owner or owners of property shall refuse or neglect to appoint said referee, when by said Trustees required, then shall said Board of Trustees constitute a Board of Appraisers, and their valuation shall be final and binding; but no act of said board of referees in the condemnation of property, or any claim, right or title to the same, as herein provided, shall be interpreted as an admission on the part of said incorporate city of the legality of such assessed (?) claim, right or title. And in the condemnation of Same. property, as in this section provided, said referee shall consider if the property (?) improvement for which said property is so condemned shall be of any benefit to the person or persons owning or claiming the said property, and they shall estimate the value of such improvements