페이지 이미지
PDF
ePub

Article XII, § 1

one general ticket, provided that in no instance shall the number of delegates be less than fifteen. The delegates shall be elected according to the principle of proportional representation. The charter may invest the municipality with any power or function, excepting such as are explicitly and by name forbidden to the municipalities by the constitution. Such charter may provide for the initiative, referendum and recall and for woman suffrage in all municipal elections. The charter adopted by the convention shall be certified in duplicate by the signatures of the chairman and secretary of the convention, and returned one copy to the chief executive officer of the town, city or village and the other to the recorder of deeds of the county. Such proposed charter shall be published within thirty days after its adoption by the convention, in two newspapers of general circulation in such town, city or village excepting that in towns, cities or villages of not more than twenty-five thousand population, it shall be published in one newspaper and, at the expiration of thirty days, submitted to a vote of the electors of the town, city or village at a general or special election; and if the majority of those voting on said charter shall ratify the same, it shall become the charter of such town, city or village, and the organic law thereof, and supersede any existing charter and all amendments thereof and all laws inconsistent with said charter. A copy of such charter certified by the chief executive officer and authenticated by the seal of such town, city or village, setting forth the submission of such charter to the electors, and its ratification by them shall be made in duplicate and deposited one in the office of the secretary of state and the other, after being recorded in the office of the recorder of deeds for the county in which the town, city or village is located, shall be deposited in the archives of the municipality; and the courts shall take judicial note of the provisions of said charter and it shall remain in full force and effect until amended or repealed. The charter may be amended, at intervals of not less than one year, by a proposal therefor made by a petition presented to the chief magistrate or clerk of the town, city or village bearing signatures of electors of said town, city or village equal in number to ten per centum of the total vote for governor cast in said town, city or village at the preceding general election, demanding the submission to the voters of the town, city or village of an amendment to the charter. Said proposed amendment shall be pub

Article XII, § 2

lished and submitted to a vote in the same manner provided for the charter. A referendum for the repeal of the charter may be initiated and submitted in a like manner as amendments, at intervals of not less than two years. In submitting any such charter or amendment thereto or repeal thereof; any alternative article or proposition may be presented for the choice of the voters and may be voted on separately without prejudice to others. [and] The legislature may regulate and fix the wages or salaries, the hours of work or labor, and make provisions for the protection, welfare and safety of persons employed by the state or by any county, city, town, village or other civil division [of the state] or by any contractor or subcontractor performing work, labor or services for the state, or for any county, city, town, village or other civil division thereof.

[blocks in formation]

(For other proposed amendments to this and other sections providing for municipal home rule, see p. 338.)

§ 2. All cities are classified according to the latest State enumeration, as from time to time made, as follows: The first class includes all cities having a population of two hundred and fifty thousand, or more; the second class, all cities having a population of fifty thousand and less than two hundred and fifty thousand; the third class, all other cities. Laws relating to the property, affairs or government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the Legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the Legislature at which such bill was passed has terminated, to the Governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other

Article XII, § 2

city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill; but the Legislature may provide for the concurrence of the legislative body in cities of the first class. The Legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the Governor. Whenever, during the session at which it was passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the Legislature, and it shall then be subject as are other bills, to the action of the Governor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words "accepted by the city," or "cities," as the case may be; in every such law which is passed without such acceptance, by the words "passed without the acceptance of the city," or "cities", as the case may be.

AMENDMENT SUBMITTED TO THE PEOPLE AND ADOPTED

§ 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of one hundred and seventy-five thousand [two hundred and fifty thousand] or more; the second class, all cities having a population of fifty thousand and less than one hundred and seventy-five thousand; [two hundred and fifty thousand;] the third class, all other cities. Laws relating to the property, affairs [or] of government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city, or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the legislature, the house in which it originated shall immediately

Article XII, § 2

transmit a certified copy thereof to the mayor of such city, and within fifteen days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the legislature at which such bill was passed has terminated, to the governor, with the mayor's certificate thereon, stating whether the city has or has not accepted the same. In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill; but the legislature may provide for the concurrence of the legislative body in cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided, by every such city. Whenever any such bill is accepted as herein provided, it shall be subject as are other bills, to the action of the governor. Whenever, during the session at which it was passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legislature, and it shall then be subject as are other bills, to the action of the governor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words "accepted by the city," or "cities," as the case may be; in every such law which is passed without such acceptance, by the words "passed without the acceptance of the city," or "cities," as the case may be. 1906. S. No. 1090 (Int. 848). To Sec. of State.

S. J. 889, 1093, 1142, 1187, 1931.

A. J. 2417, 3028, 3095.

1907. A. No. 434 (Int. 425). (Same as S. No. 265.) To Sec. of State.

A. J. 124, 254, 287, 300, 324, 367, 824.

S. J. 240, 278, 364, 368.

S. No. 265 (Int. 253). (Same as A. No. 434.)

S. J. 101.

Adopted Nov. 5, 1907.

Vote: for, 309,159; against, 123,919.

AMENDMENTS PROPOSED BUT NOT SUBMITTED TO THE PEOPLE 1. Action of mayor and governor on special city bills

§ 2. All cities are classified according to the latest state enumeration, as from time to time made, as follows: The first class includes all cities having a population of two hundred and fifty

Article XII, § 2

thousand, or more; the second class, all cities having a population. of fifty thousand and less than two hundred and fifty thousand; the third class, all other cities. Law relating to property, affairs or government of cities, and the several departments thereof, are divided into general and special city laws; general city laws are those which relate to all the cities of one or more classes; special city laws are those which relate to a single city; or to less than all the cities of a class. Special city laws shall not be passed except in conformity with the provisions of this section. After any bill for a special city law, relating to a city, has been passed by both branches of the legislature, the house in which it originated shall immediately transmit a certified copy thereof to the mayor of such city, and within [fifteen] ten days thereafter the mayor shall return such bill to the house from which it was sent, or if the session of the legislature at which such bill was passed has terminated, to the governor with the mayor's certificate thereon, stating whether the city has or has not accepted the same[], and the governor shall have the same power over any bill so returned as over other bills, either to approve or disapprove the same, within thirty days after the return of said bill by the mayor of any city. In every city of the first class, the mayor, and in every other city, the mayor and the legislative body thereof concurrently, shall act for such city as to such bill; but the legislature may provide for the concurrence of the legislative body in cities of the first class. The legislature shall provide for a public notice and opportunity for a public hearing concerning any such bill in every city to which it relates, before action thereon. Such a bill, if it relates to more than one city, shall be transmitted to the mayor of each city to which it relates, and shall not be deemed accepted unless accepted as herein provided by every such city. Whenever any such bill is accepted as herein provided, it shall be subject, as are other bills, to the action of the governor. Whenever, during the session at which it was passed, any such bill is returned without the acceptance of the city or cities to which it relates, or within such fifteen days is not returned, it may nevertheless again be passed by both branches of the legislature, and it shall then be subject as are other bills, to the action of the governor. In every special city law which has been accepted by the city or cities to which it relates, the title shall be followed by the words "accepted by the city," or or "cities," as the case may be; in every such law

« 이전계속 »