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AN ACT to amend an act entitled "An act to incorporate the city of Helena," approved February 22, 1881.

Be it enacted by the Legislative Assembly of the Territory of Montana:

SEC. I. That section 33 of article 5, of an act entitled "An act to incorporate the city of Helena," approved February 22, 1881, be amended so as to read as follows:

SEC. 33. The city council shall have power to make all ordinances which shall be necessary and proper for carrying into execution powers specified in this act: Provided, that no ordinance shall take effect until it has first been presented to the mayor for his approval; if he approves, he shall sign it; but if not, he shall return it to the council, or to the city clerk, if the council be not in session, with his objections thereto, in writing. The council shall at its next meeting after the return of any such ordinance cause the objections of the mayor thereto to be spread at length upon its journal, and shall proceed to reconsider it. If after such reconsideration twothirds of the council shall vote to pass such ordinance, the same shall take effect and be in force, the mayor's objections thereto notwithstanding; but in all such cases the votes shall be by yeas and nays, and the names of the persons voting for or against the ordinance shall be entered on the journal. If any ordinance is not returned by the mayor or filed with the city clerk within two days, Sundays excluded, after he shall have received it, the said ordinance shall take effect and be in force in like manner as if he had signed it. No appropriation for city expenses or improvements exceeding in amount the sum of five hundred dollars shall be made except by ordinance duly passed, as above provided, except that an ordinance which only makes appropriations, and extends to no other subject, need not be posted, as required by section 35 of this article, before the same shall take effect. If an ordinance so passed contain several appropriations the mayor may approve as to some of the items thereof, and disapprove as to others.

SEC. 2. That there be added to said article 5 of this act, to which this is amendatory, the following section, to be numbered section 37, viz.:

SEC. 37. The city council shall have power at its first meeting after the passage of this act, and annually thereafter at its first meeting after the first day of April of each year, to elect one of its members chairman, who, in the absence of the mayor, shall preside at

its meetings, and in case of the absence of the mayor from the city shall discharge all of the duties of mayor during his absence.

SEC. 3. That there be added to article 6 of the act to which this is amendatory the following section, to be numbered section 9, to-wit:

SEC. 9. The mayor may grant pardons, and remit fines and forfeitures for offenses against city ordinances, when, in his judgment, public justice would be thereby subserved, but he shall report all such cases, with the reasons for the exercise of his clemency, to the city council at its first meeting after he shall so have extended clemency in any case.

SEC. 4. All acts and parts of acts in conflict with this act be and the same are hereby repealed.

SEC. 5. This act shall take effect and be in force from and after its passage.

Approved January 30, 1885.

AN ACT to amend an act entitled "An act to incorporate the city of Helena," approved February 22, 1881.

Be it enacted by the Legislative Assembly of the Territory of

Montana:

SEC. I. That sections 1, 7, 9, 20, and 21, of article V, of "An act to incorporate the city of Helena,” approved February 22, 1881, be

amended so as to read as follows:

SEC. I. The city council shall have power and authority to levy and collect ad valorem taxes, for city purposes, upon all taxable property, real, personal, and mixed, except as herein excepted, within the city limits, not exceeding three mills per annum upon the assessed value thereof for general purposes, and not exceeding three mills per annum upon the assessed value thereof for fire department purposes, in addition to the tax authorized to be levied for street purposes, under the provisions of the act of the legislative assembly of Montana, entitled "An act to provide for the levy of street taxes in incorporated towns and cities," approved March 7, 1883, and may enforce the payment of such taxes in any manner

that may be prescribed by ordinance, not repugnant to the constitution of the United States or the organic act of this territory. All taxes collected for general purposes shall be paid into the general fund, and taxes collected for fire department purposes shall be paid into the fire department fund, and taxes collected for street purposes shall be paid into the street fund. Every warrant drawn upon the city treasurer shall designate the fund out of which the same is to be paid, and shall be paid only out of moneys belonging to the fund so designated. No moneys shall be transferred from one fund to another, except under the authority of an ordinance of said city council.

SEC. 7. To make regulations to secure the general health of the inhabitants; to regulate the burial of the dead, the return of bills of mortality and birth statistics; to declare what are nuisances, and to prevent or abate the same; to require the owner or person conducting, occupying or having charge of any grocery, cellar, tallow chandler's shop, soap factory, dairy, tannery, stable, barn, privy, sewer, or other unwholesome, nauseous house, building, or place, to remove or abate the same, or to cleanse it, as may be necessary for the public health; to direct the location and management of slaughter houses, and to prevent the erection, use or occupation of the same; to prevent persons from bringing, depositing or leaving within the city limits, any putrid carcass, or other unwholesome substance; to require the owners or occupants of lands or buildings to remove dead animals, stagnant water, or other unwholesome substances from their premises, and to provide for the cleansing and removal of obstructions from any water course within the city limits, and to prevent the obstruction or retarding of the flow of water therein, or the putting of anything into the same which may be prejudicial to the health of any of the inhabitants of the city.

SEC. 9. To lay out, open, change, widen, or extend streets, lanes, alleys, sewers, parks, squares, or other public grounds, and to grade, pave, improve, repair, or discontinue the same, or any part thereof; to establish and open drains, canals, or sewers, or alter, widen, or straighten water courses; to make, alter, widen, or otherwise keep in repair, vacate, or discontinue sidewalks and crosswalks; to prevent the incumbering of streets, sidewalks, crosswalks, and alleys with carriages, carts, wagons, sleighs, sleds, lumber, firewood, or other obstacles or materials; to prevent horse racing or immoderate riding or driving in the streets or public places of the city; to prevent the riding or driving of animals, or the drawing of vehicles of any kind on the sidewalks, or the doing of any damage to such sidewalks; to require the owners or occupants of

lots or buildings to remove snow, dirt, rubbish or other obstruction or material from the sidewalks adjacent thereto; and, in default thereof, to authorize the removal thereof at the expense of such owners or occupants.

SEC. 20. To regulate, limit, or prevent the storage of gunpowder, tar, pitch, rosin, coal oil, and other dangerous or combustible materials.

SEC. 21. To regulate parapets, walls, and partition fences; to restrain the running at large of cattle, horses, mules, sheep, swine, poultry, and other animals, and to authorize the distraining, impounding, and sale thereof; to establish pounds, and regulate and protect the same; to require the owners or drivers of horses, oxen, or animals, attached to vehicles, under saddle, or otherwise, to fasten the same while in the streets, alleys, parks, or other public places of the city; to prohibit the hitching of horses, teams, or other animals to any fence or tree, and to prevent injury to the same; to regulate and control the running of engines and cars through the city, and the rate of speed of the same; to prevent the running at large of dogs, and to authorize the impounding or sale or destruction of the same in a summary manner when found running at large contrary to ordinance; to prohibit cruelty to animals, and to provide for the punishment of persons who shall be guilty of cruelty to animals.

SEC. 2. The city council of said city of Helena shall have power to condemn and appropriate private property for opening, establishing, widening, or altering any public street, avenue, alley, lane, park, sewer, water-way, or for any other public use, and the resolution or ordinance of the city council ordering, directing, authorizing, or providing for the taking of private property for any such use shall be conclusive as to the necessity for such taking.

SEC. 3. The following shall be a classification of the estates and rights in lands subject to be taken for public uses by or on behalf of said city:

First. A fee simple, when taken for public buildings or grounds, or for permanent improvements or water-ways.

Second. An easement, when taken for any other use.

SEC. 4. All classes of private property may be taken for the public uses in this act mentioned.

SEC. 5. In all cases where the city council by resolution or ordinance has authorized, or shall authorize, the taking of private property for public use, just compensation shall be paid to the owner or owners for the property so taken; and no final order authorizing the said city to enter upon said lands shall be made without providing that before the condemnation shall take effect the compensation adjudged to be paid to the owner or owners shall be paid to such owner or owners, or deposited in court, subject to his or their order; but at any time after service of notice of the application hereinbefore mentioned, the court or judge may authorize said city, if already in possession, to continue therein, and if not in possession, then to take possession of and use the property during the pendency, and until the final conclusion of such proceedings, and may stay all proceedings against said city on account thereof.

SEC. 6. If the owner or claimant of such lands or other property, and the mayor or other officer authorized by the city council, cannot agree as to the damages or compensation to be paid for such property, the amount shall be determined by the appraisal of three disinterested commissioners, who may be appointed upon application of the mayor or other authorized officer to the district court in and for the county of Lewis and Clarke, or to the judge thereof, or, in the absence of such judge, then to the judge of the probate court in and for said county. Said commissioners shall hear such legal testimony as may be offered by any party to the proceedings, and for that purpose shall be authorized to administer all necessary oaths, and thereupon must ascertain and assess

First. The value of the property sought to be condemned, and all improvements thereon pertaining to the realty, and of each and every separate interest or estate therein. If it consists of different parcels the value of each parcel, and each estate or interest therein, shall be separately assessed.

Second. If the property sought to be condemned constitutes only a part of a larger parcel the damages which will accrue to the portion [not] sought to be condemned by reason of its severance from the portion sought to be condemned, and the construction of the improvement, or exercise of the use in the manner proposed by the city council.

Third. Separately, how much the property not sought to be condemned, and each estate or interest therein, will be benefited, if at all, by the construction of the improvement or exercise of the use proposed by the city council; and if the benefit shall be equal to

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