lars per annum; one assistant, nine hundred ($900) dollars per annum; each councilman and member of the excise board, except the mayor, three hundred ($300) dollars per annum; clerk, two thousand ($2,000) dollars per annum, including the making of the tax list; deputy city clerk, twelve hundred ($1,200) dollars per annum; marshal, one hundred ($100) dollars; captain of police, ninety ($90) dollars, and policemen seventy ($70) dollars each per month; city engineer, eighteen hundred ($1800) dollars per annum; street commissioner, seventy-five ($75) dollars per month; city attorney, fifteen hundred ($1500) dollars per annum; deputy city attorney, nine hundred (900) dollars per annum; water commissioner, one thousand ($1,000) dollars per annum; inspector of meats and live stock, seventy ($70) dollars per month; chairman of the board of public works, twelve hundred ($1200) dollars per annum, and the other two members of said board, two hundred ($200) dollars per annum. The foregoing to be construed as limitations and not fixed salaries. All other officers and employes of the city, except police judge, shall receive such compensation as the mayor and councilmen shall fix by ordinance at the time of their employment; Providing, however, That if any officer absent himself from the city for the period of sixty days or more he shall forfeit his salary during such absence, and if absent for ninety days his office may be declared vacant by the mayor and three-fourths of all the members of the council. The emoluments of no officer, whose election or appointment is required by this act, shall be increased or diminished dur ing the term for which he was elected or appointed, and no person who shall have resigned or vacated any office shall be eligible to the same or any appointive office during the time for which he was elected or appointed. No one shall be appointed as an inspector, or other public officer, who has not been qualified by practical experience in the particular line of industry that requires his attention and constitutes the duties of his office. SEC. 5. That section twenty-five (25) of said mending sec. act be amended to read as follows: City clerk, Section 25. The city clerk shall have the cus-ques tody of all laws and ordinances, and shall keep a correct journal of the proceedings of the council; he shall also keep a record of all outstanding bonds against the city, showing the number and amount of each, for what and to whom the said bonds were issued, and when any bonds were purchased, paid, or canceled, said record shall show the fact, and in his annual report shall describe particularly the bonds issued and sold during the year, and the terms of sale, with each and every item of expense thereof; he shall also perform such other duties as may be required by the ordinances of the city; he shall also make, at the end of each month, a report showing the amount appropriated to each fund and the whole amount of warrants drawn thereon, which shall be spread at large upon the minutes. And said clerk may, in case the council Deputy elty deem such assistance necessary, appoint a deputy, who shall give a bond as required of his principal, and whose salary shall not exceed the sum of nine hundred ($900) dollars per annum. clerk. Amending sec. 26. Treasurer; bond; duties. Deputy and assistant treasurer. SEC. 6. That section twenty-six (26) of said act be amended to read as follows: Section 26. The treasurer shall be required to give bonds in not less than three hundred thousand ($300,000) dollars, or he may be required to give bond in double the sum of money estimated by the council to be at any time in his hands belonging to the city and school districts, and he shall be custodian of all moneys belonging to the corporation; he shall keep a separate account of each fund or appropriation, and the debits and credits belonging thereto; he shall give every person paying money into the treasury a receipt therefor, specifying date of payment and on what account paid; he shall also file copies of receipts with his monthly reports; he shall, at the end of each and every month, and as often as may be required, render an account to the city council under oath, showing the state of the treasury at the date of each account, the amount of money remaining in such fund, and the amount paid therefrom, and the balance of money in the treasury; he shall also accompany such accounts with a statement of all the receipts and disbursements, together with all warrants redeemed and paid by him, which said warrants, with any and all vouchers held by him, shall be filed with his said account in the clerk's office, and if said treasurer neglect or fail for the space of thirty days from the end of any month to render his said account, his office may by resolution of the mayor and council be declared vacant, and the city council shall fill the vacancy by appointment until the next election for city officers. The treasurer may employ and appoint a deputy, who shall be allowed a salary of not more than twelve hundred ($1200) dollars per annum, and an assistant at not more than nine hundred ($900) dollars per annum, to be fixed by the council at the time of his employment, and the treasurer shall be liable upon his bond for the acts of such deputy. SEC. 7. That section twenty-seven (27) of said Amending see. act be amended to read as follows: duties. to maintain behalf of city. Section 27. The city attorney shall be the legal City attorney; adviser of the council and city officers; he shall commence, prosecute, and defend suits and actions commenced, prosecuted, or defended on behalf of the corporation, shall attend all the meetings of the council, and give them his opinion upon any matter submitted to him, either orally or in writing, as may be required; Provided, That he shall not be required to prosecute complaints for offenses against the city ordinances in police court, except on the request of the mayor, council, or police judge; And provided further, That in case any Right of citizen citizen or citizens shall be of opinion that any civil action in liability, arising out of contract or otherwise exists in behalf of the city, against any person, persons, or incorporation, he or they may demand of the city attorney that he begin and prosecute an action against such person, persons, or incorporation in the name of said city for the enforcement of such liability or the recovery of any amount or property to which the city may, in his or their opinion, be entitled by reason thereof, and if the said city attorney shall refuse to begin and prosecute such action, or shall neglect so to do for the term of one week after such demand, it shall be lawful for the citizen or citizens making such demands to begin Amending sec. 42. Money, how drawn from treasury. and prosecute such action in the name and upon the behalf and for the benefit of said city, upon filing with the petition therein an undertaking with one or more sureties, approved by the clerk of the court in which the action is brought, conditional for the payment of all the costs that may be incurred in said action, if the same shall be unsuccessful. But the city shall not in any event be liable or responsible for attorney's or counsel fees incurred in the prosecution of any such action, and it shall be lawful for any citizen or citizens at their own expense and charge to associate any attorney or attorneys with the city attorney in the prosecution or defense of any action to which said city may be a party. SEC. 8. That section forty-two (42) of said act be amended to read as follows: Section 42. The mayor and council shall have no power to appropriate, issue, or draw any order or warrant on the treasurer for money unless the same shall have been appropriated or ordered by ordinance, or the claim for the payment of which such order or warrant is issued has been allowed according to the provisions of this chapter, and appropriations for the class or object out of which such claim is payable has been made as provided Neither the city coun in section forty-one (41). |