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ACT OF INCORPORATION
An Act to Incorporate the Town of Minooka
Be it enacted by the People of the State of Illinois represented in the General Assembly, That the inhabitants of the town of Minooka in the county of Grundy and state of Illinois be, and the same are hereby incorporated and constituted a body corporate and politic by the name and style of "The President and Trustees of the town of Minooka" and by that name and style shall have perpetual succession, and may have and use a common Seal, which they may alter or change at pleasure, and in whom the government of the Corporation shall be vested and by whom its affairs shall be managed.
All that district of county embraced within the following boundaries, to-wit:
The whole of section one (1), in township thirty-four (34), north range eight (8), east of the third principal meridian, in Grundy county, Illinois, is hereby declared to be within the boundaries of the said town of Minooka.
The inhabitants of said town by the name and style aforesaid, shall have power to sue and be sued, to plead and be impleaded, defend and be defended, answer and be answered unto, in all courts of law and equity in this state, in all actions whatever; to purchase, receive and hold property, real and personal within or without the corporate limits of said town for burial grounds and other public purposes for the use and benefit of the inhabitants of said town, to sell, lease or otherwise dispose of the property real and personal of said town for the use and benefit of the same, and to improve and protect such property and to do all the acts and things in relation thereto that natural persons might do.
The corporate powers and duties of said town shall be vested in five (5) trustees, who shall constitute a board for the transactions of the business of town and who shall be elected annually on the first Monday of April of each year, and who shall hold their offices for the term of one year, and until their successors are elected and qualified, unless sooner removed by death, resignation or otherwise as provided by this act, or the ordinances of said town. The persons elected as trustees shall be citizens of the United States and of this state; they shall possess a freehold estate within said town, and shall have actually resided within said town three months next preceding their election.
Ten (10) days previous notice shall be given of all elections to be held under the provisions of this act, or any ordinances of said town by posting up notices in writing in at least three (3) public places in said town or by publication in some newspaper published therein. The first election after the passage of this act shall be called by the Town Clerk of the town of Aux Sable and shall be held on the first Monday of April in the year of our Lord, one thousand eight hundred and sixty-nine, or as soon thereafter as practicable. All subsequent elections shall be called by the President of the board of Trustees of the town of Minooka. Said notices shall specify the time and place of holding such elections, the hour of the day at which the polls shall be opened, and the hour at which they shall close. The voters who may be present at the time and place specified for holding any such election shall, at the hour specified for opening the polls, appoint by acclamation three (3) of their number to act as judges of such election, and the said judges shall appoint two (2) clerks of such election. Said judges and clerks, before entering upon the duties of their offices, shall qualify in the same manner as is required of judges and clerks of elections for State and County purposes. All such elections shall be by ballot and all who by the laws of this state are entitled to vote for state and county officers, and who shall have been actual residents of said town six (6) months next preceding such election shall be entitled to vote thereat, and all cases of contested elections under this act shall be tried and determined by the Police Magistrate of said town, in such manner as may be provided by ordinance.
The Trustees-elect, before entering upon the duties of their offices, shall take and subscribe an oath to support the constitution of the United States and of this State, and that they will, to the best of their abilities, faithfully discharge the duties of their office. They shall hold at least one regular meeting every three (3) months and shall, at the first meeting after their election, appoint one of their number President. A majority of such trustees shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as may be by ordinance provided. Such board may make such rules and regulations as to them may seem proper; they shall have power to fill vacancies in the board of trustees occasioned by death, resignation or removal, or otherwise, by appointment. They may punish their members for disorderly conduct and by vote of four-fifths (4/5) of the board, may expel a member. They shall also have power to remove from office by four-fifths (4/5) vote of all the members, any subordinate officer of said town who holds his office by appointment of the board of trustees of said town.
They shall have power and it shall be their duty to appoint a clerk, town constable, treasurer, assessor, collector, and one or more street commissioners and such other officers, (if any), as may be necessary for carrying into effect the provisions of this act, and the ordinances of said town and to require them, before entering upon the duties of their respective offices, to give such bonds and security as may be necessary to ensure the faithful performance of their duties. They shall also require all persons appointed to office by them, before entering upon the discharge of their duties of their respective offices, to take and subscribe an oath that they will support the constitution of the United States and of this State, and that they will faithfully and to the best of their ability, discharge the duties of their offices.
They shall have power and authority to levy, assess and collect taxes upon all property, real and personal, within said town, which is subject to taxation for State and county purposes not exceeding fifty cents ($0.50) annually, on the hundred dollars ($100.00) of the assessed valuation thereof and they may assess and enforce the collection of such taxes by any ordinance or ordinances not repugnant to the constitution of this state or of the United States. They shall also have power to appropriate money and to provide for the payment of the debts and expenses of the incorporation.
They shall have power to make regulations for securing the health and comfort of the inhabitants of said town; to define and declare what shall be considered a nuisance and to provide for the prevention, removal or abatement of the same and to provide for the punishment of the authors thereof by fines, penalties or imprisonment in the county jail of Grundy county, or by both such fines and imprisonment, and to authorize, direct and enforce the summary abatement of any such nuisance or nuisances.
They shall have power and it shall be their duty to cause all streets, alleys and public roads within said town to be kept in good repair and for that purpose they may require every male resident of said town over the age of twenty one (21) years and not exceeding fifty (50) years to labor thereon not exceeding three (3) days in each and every year or to pay at the time of being notified to work, the sum of one dollar fifty cents ($1.50) for each day's labor thereby required of him, and if the labor and money performed and received be not sufficient for that purpose, they shall appropriate so much from the general fund of the Corporation as may be necessary therefor, and the inhabitants of said town shall be exempt from working in any road outside of the same.
They shall have power to open, alter, vacate, widen, extend, establish, grade, pave or otherwise improve any street, avenue, lane, alley, public grounds, and public roads within the limits of said town and to establish, erect, construct, build and keep in repair bridges, culverts, sewers, sidewalks, pavements and crossways and to regulate the construction and use of the same and punish the abuse thereof, and to levy and collect from time to time a tax on the lot or lots in front of which such sidewalk or sidewalks, pavement or pavements shall be ordered and proposed to be made or repaired, provided, that every such tax shall be levied on such lots proportionate to the length of their respective fronts, and provided further that such tax shall not exceed one-half (1/2) of the actual cost of such making and repairing and that the other half of the cost of such making and repairing shall be paid out of the general fund of the Corporation provided that the tax provided for in this section shall not be taken or held to be any part of the tax provided for in section eight of this act.
They shall have power to provide the town with water, to sink and keep in repair public wells, and to erect and keep in repair such public buildings, as the necessities of the town may require and provide for the inspection and weighing of hay, stone, coal and the measurement of wood, fuel and building stone to be used in said town.
They shall have power to license and tax and regulate auctioneers, merchants, family grocery stores, eating houses, hawkers and peddlers and to regulate the fixing of chimneys, and the flues thereof; also to regulate the storage of gunpowder, and other combustible materials in said town, to restrain and prohibit every description of gambling and fraudulent devices, and to suppress and prohibit gambling houses, bawdy houses, houses of ill fame, and all other disorderly houses within said town, and one mile from the limits of said town.
They shall have power to tax, license and regulate or suppress and prohibit all exhibitions of common showmen, shows of every kind, caravans, circuses and exhibitions and amusements of every kind, unless gotten up in said town by the citizens of said town. They shall also have power to provide for the arrest, trial and punishment of persons who may be guilty of any assault, assault and battery, affrays, routs, riots, disturbing the peace of the inhabitants or of any public meeting, whether religious or otherwise, of said town or disorderly assemblages of any kind within the limits of said town, to prohibit and impose penalties on the authors thereof, any indecent exposure of person or dumb beast to the public view, or the public use of indecent or obscene language, or the exposure to public view of any indecent or obscene picture or publication within the limits of said town.
They shall have power to prevent the running at large of dogs, and to provide for the destruction of the same when found at large contrary to the provisions of any ordinance in such cases made and provided; to prevent the firing of squibs, guns, rockets or other fire works or combustibles within said town.
They shall have power to prevent the encumbering of any street, lane, avenue, road, alley or public ground of said town; to prevent the obstruction of the streets by the unnecessary detention of railroad trains upon the crossings, or by leaving of cars upon the crossings of any public street; to regulate the rate of running speed of railroad trains through said town; to protect shade trees; to compel persons to fasten horses, mules and other animals attached to vehicles or saddled or bridled for use, while standing in any street, lane, road, alley or uninclosed lot within said town; to prevent horses, cattle, sheep, hogs or other animals running at large, within said town and to provide for the distraining and impounding of any such animal or animals and the sale thereof to satisfy costs and charges and penalty or penalties incurred under any ordinance of said town; to prevent racing within said town with horses or other animals; to prevent any immoderate riding or driving of horses, or other animals within said town, and also to prohibit and punish the abuse of and cruelty to any and all animals within said town.
The President and Trustees of the town of Minooka shall have and exercise complete and exclusive control as hereinafter provided, over the licensing, selling, bartering, exchanging, giving away, or in any manner trafficking in any wine, rum, gin, brandy, whiskey, ale, beer, or any intoxicating liquor within the limits of said town, or within one mile thereof, and may by ordinance declare any such selling, bartering, exchanging, giving away or trafficking in any manner in any such wine, gin, rum, brandy, whiskey, ale, beer, or any other intoxicating liquors within the corporate limits of said town or within one mile thereof, and the place or places where the same is carried on or either of them, a nuisance, and shall have and exercise the same power and authority to provide for prohibition or prevention, removal or abatement of any such nuisance or nuisances and for the punishment of the authors thereof as they have and may exercise by virtue of Section nine of this act in the case of other nuisances, provided that all fees paid for the granting of licenses shall be paid into the common fund of the incorporation and provided further that bona fide druggists shall not be prohibited from selling in good faith any intoxicating liquor for purely medicinal, mechanical or sacramental purposes under such rules and regulations as may be by ordinance prescribed.
They shall have power to direct the location and regulate the construction of tanneries, blacksmith shops, foundries, livery stables and packing houses; to direct the location and regulate the construction and management of or to restrain, abate and prohibit within said town and to the distance of one mile from the limits thereof, breweries, distilleries, slaughtering establishments, establishments for rendering lard, tallow, offal and other establishments and places where nauseous, offensive or unwholesome business may be carried on.
They shall have power to restrain and prohibit vagrants, mendicants, beggars, prostitutes and to provide for the arrest and punishment of the same or of any person or persons found intoxicated in any street, alley or other public places in said town.
They shall have power to make such regulations for the prevention and extinguishment of fires, as they may deem expedient; they shall have power to procure fire engines, to organize fire, hook, hose, ax and ladder companies, and make rules and regulations for the government of the same.
They shall have power to enlarge the boundaries of said town by ordinances provided, such proposed enlargements shall first be submitted to the decision of the qualified voters of said town, and also of the legal voters residing in the limits of the proposed enlargements, and the enlargement shall be authorized by a majority of votes cast at such election.
They shall have power to make all ordinances, which may be necessary or proper for carrying into effect the powers and authority conferred on them by the provisions of this act, or which may be necessary for the better regulation of the internal police of the said town not inconsistent with the Constitution of this State, or of the United States, and to cause the same to be executed. They shall also have power to impose fines and penalties, provided, that in no case shall any fine for any one offense exceed the sum of one hundred dollars ($100.00), nor shall they impose a penalty of imprisonment in the county jail for any one offense of more than six (6) months.
The President shall preside at all meetings of the board when present and in case of his absence from any meeting, the members of the Board present shall appoint one of their members chairman, who shall preside at that meeting. The President or any two (2) members of the board may call special meetings of the board. The President shall be active and vigilant in enforcing the laws and ordinances of said town. He shall inspect the conduct of all subordinate officers and cause negligence or willful violation of duty to be punished; he shall have power to call on all male inhabitants of said town over the age of twenty one (21) years, to aid in enforcing the laws and ordinances of said town, and any and every person who shall neglect or refuse to obey such call shall forfeit and pay to said town the sum of not less than five (5) nor more than twenty five dollars ($25.00); he shall have power whenever he may deem it necessary to require of any officer of said town a written exhibit of his books and papers, and shall have power, and it shall be his duty to do all other acts and things that may be required of him by the laws and ordinances of said town.
At the first election of trustees of the town of Minooka held under the provisions of this act, and every four (4) years thereafter, there shall be elected by the legal voters of said town a police magistrate of said town, who shall be ex-officio a justice of the peace for the County of Grundy; he shall qualify in the same manner and be subject to the same penalties that are provided by the general laws of this State for other justices of the peace; he shall hold his office for the term of four (4) years and until his successor shall be elected and qualified; he shall possess and may exercise all the powers, jurisdiction and authority that other justices of the peace of the County of Grundy might have and exercise in similar cases.
Said police magistrate shall be a conservator of the peace of said town of Minooka and shall have exclusive original jurisdiction, except as herein otherwise provided in all cases arising out of or under the laws and ordinances of said town, or this act, and shall in such cases possess and may exercise all the rights, powers and authority now conferred on police magistrates by virtue of an act entitled, "An act for the better government of towns and cities and to amend the characters thereof" approved February 27th, A.D., 1854. Whenever there shall occur a vacancy in the office of Police Magistrate of said town, the board of trustees of said town or the President of said board shall, within twenty (20) days from the occurring of any such vacancy, call an election to fill the same and the person so elected shall hold his office until his successor shall be elected and qualified.
He shall in all cases be entitled to the same fees and emoluments that are by the laws of this State allowed to other Justices of the Peace for similar services. In case of the absence of said police magistrate or of his inability, any other justice of the peace of the County of Grundy having an office in said town shall have the same jurisdiction, power and authority under the laws and ordinances of said town, as the said police magistrate possesses in like cases. The rule of practice and proceedings in all cases arising out of the laws or ordinances of said town, shall conform to the practice and proceedings before other Justices of the Peace, except cases where such rules of practice and proceedings shall be changed or modified by the laws or ordinances or charter of said town, in which case the rule of practice or proceeding shall conform to the rule prescribed by such laws, ordinances or charter.
In all cases arising under any ordinance of said town or under this act, changes of venue and appeals shall, when applied for, be allowed to the circuit court of the County of Grundy in the same manner as is provided in other cases, before justices of the peace, provided that in all cases arising out of any ordinance of said town or under this act, if either party wishes to appeal, he or they shall give notice in writing thereof to the justice of the peace before whom the case was tried on the day of trial thereof, and shall file the necessary appeal bond with such justice of the peace within twenty (20) days from the day of trial.
The town constable of said town shall qualify in such manner as the board of trustees may by ordinance prescribe and shall have power and authority to execute all warrants and other processes issued by the police magistrate of said town, or any other justice of the peace of said County of Grundy; he shall have and may exercise in all cases the same power and authority that are given to other constables of said county by the laws of the State of Illinois, and shall be entitled to like fees for his services and shall in all cases of nonfeasance and misfeasance of duty be subject to the same penalties and liabilities that are provided by the law of the State of Illinois for other constables in like cases.
In all cases arising under the laws or ordinances of said town any constable of the County of Grundy shall have the same right, power and authority to serve or execute any process issued therein, original or otherwise, that the said town constable would possess. Whenever the constable of said town shall see any person or persons engaged in any assault, assault and battery, riot, rout, affray, disturbing the peace of the inhabitants of said town, disturbing any public meeting, religious or otherwise, or unlawful assemblage of any kind within said town, it shall be his duty to make immediate arrest of such person or persons on view without warrant, and in all such cases any constable of the County of Grundy shall have the same power to arrest, without warrant, as the said town constable in such cases would possess, and in all such cases of arrest without warrant, the constable making such arrest shall forthwith take such person or persons before the police magistrate of said town, or in case of his absence or inability to act, before any justice of the peace having an office in said town, and shall inform such police magistrate or justice of the peace of the nature of the offense for which such person or persons were arrested and the said police magistrate or justice of the peace, shall thereupon institute a suit against such person or persons and proceed therein in all the respects the same as if any such person or persons had been arrested and brought before him under warrant duly issued; the same town constable shall faithfully perform all other acts and duties required of him by the laws and ordinances of said town.
Until the board of trustees of said town of Minooka shall provide by ordinance for enforcing the collection of taxes due said town, the same shall be collected in the same manner provided in the ninth Section of an act entitled, "An act to incorporate towns and cities" approved February 10th, 1849, for the collection of other corporation taxes.
All prosecutions under the laws and ordinances of said town of Minooka for assaults, assaults and battery, affrays, riots, routs, disturbing the peace of the inhabitants of said town, disturbing any public meeting, religious or otherwise, unlawful assemblages of any kind and cases in which the penalty attached by law or ordinances of said town is imprisonment in the County Jail of said County of Grundy shall be (except in cases of arrest without warrant as hereinbefore provided) commenced by complaint and warrant in the same manner prescribed by the laws of the State of Illinois for the regulation of criminal proceedings in justice courts, and in all such cases, the rules of practice, and proceeding shall be the same as are prescribed in such cases for justice courts by the laws of this State, except when the laws and ordinances of said town prescribe new rules or different rules of practice or proceeding, in which case the rule or practice or proceeding shall conform to the rule prescribed by the laws or ordinances of said town. Provided that the right of trial by jury shall in no case be denied to any person charged with a breach of any of the provisions of this act or of any ordinance of said town.
In all other cases for violating the laws or ordinances of said town, the penalties or penalty therefor shall be recovered by action of debt, in the name of "the President and Trustees of the town of Minooka," and in all such actions of debt the first process shall be by summons to be issued, served and returned as other summons and actions of debt issued by justices of the peace of said County of Grundy, unless some competent person shall before the commencement of any such action of debt, file with the justice of the peace before whom such writ is about to be commenced, an affidavit accusing the person or persons about to be sued with some one or more violations of the same nature of the laws or ordinances of said town specifying such offense or offenses, and stating that he or she verily believes that unless the person or persons so accused shall be forthwith arrested and brought to trial, there is danger that the penalty or penalties in such case shall be lost, and specifying the facts, on which this belief is founded in which case, if the said police magistrate or justice of the peace shall be of the opinion that there is reason to believe that the opinion set forth in such affidavit is correct, he may issue a warrant against the person or persons so accused, causing him or her or them to be forthwith arrested and brought before him, and he shall proceed at once to the trial of such suit, which shall be by action of debt for the recovery of the penalties or penalty attached to the offense or offenses specified in the affidavit aforesaid and if the said defendant or defendants shall be found guilty or severally of any one or more of the offenses specified in such affidavit, the police magistrate or justice of the peace before whom such suit is tried, shall enter into judgment thereon for the amount of the fines assessed and the cost of suit as in other cases.
In all actions of debt for offenses committed against the laws or ordinances of said town, it shall be lawful for the plaintiff in the same suit to allege and prove and recover for any number of offenses of the same nature, provided, that the amount recovered shall in no case exceed the sum of one hundred dollars ($100.00). All fines or penalties received or collected for any violation of the laws or ordinances of said town shall by the person or persons receiving or collecting the same, be paid into the treasury of said town.
The President and Trustees of said town shall not in any suit in which they are concerned for the violation of any law or ordinance of said town, either before the commencement or during the pendency thereof, be compelled to give any security therein for costs, the president or trustees or any other officer of said town shall be a competent witness for either party, in any suit for a violation of the laws or ordinances of said town.
Upon the rendition of any judgment for a breach of any law or ordinance of said town, the police magistrate or other justice of the peace rendering such judgment shall forthwith issue an execution for the amount of such judgment and cost of suit which may be levied upon and collected out of any property of the defendant or defendants, not exempt from executions by the laws of the State of Illinois. But if the constable having such execution shall return thereon that he cannot find sufficient property of the defendant or defendants, not exempt from execution, to satisfy such execution, then the said justice shall issue a capias against the body or bodies of the defendant or defendants, and the constable shall arrest such person or persons and convey him, her or them to the jail of the County of Grundy thereto remain forty eight (48) hours, and if the said fines and costs exceed the sum of five dollars ($5.00), then to remain in said jail twenty four (24) hours for every five dollars ($5.00) over and above the said five dollars ($5.00), provided, however that if the president and trustees of said town or other attorney shall require a transcript of the judgment and costs to be certified to the clerk of said County of Grundy, to have the same levied upon real property and shall signify the same to such justice. He shall not issue a capias as aforesaid, but shall, without delay, certify a transcript thereof, according to law to said clerk which shall be filed and recorded as in other cases and such judgment shall have from the date of filing of such transcript, the same force and effect as judgments rendered in said circuit court in civil cases. Provided, that if the defendant or defendants shall, in any case arising under the provisions of this act or under any law or ordinance of said town as hereinbefore provided, signify his, her or their intention of appealing and shall file the necessary appeal bond within the time required, the justice shall, if he approve such appeal bond, order the return of any property that may have been taken under execution to satisfy such payment.
Whenever it shall become necessary to take private property for opening or altering any public street or alley, the corporation shall make a just compensation to the owner or owners of such property and pay or tender the same before opening or altering such street or alley or before taking any private property for public use and in case the amount of such compensation cannot be agreed upon, the police magistrate shall cause the same to be ascertained by a jury of six (6) disinterested freeholders of said town. All jurors empaneled to ascertain such damages shall be sworn to that effect. They shall proceed to examine the property in question and after carefully considering both the advantages and disadvantages that will probably accrue to the owners thereof by such taking and the proposed use of such property, they shall within ten (10) days make out and return their verdict in writing, signed by each of said jurors, to the police magistrate of said town, assessing to such owner or owners such damages as they think just. Said police magistrate shall file and docket such verdict, and shall forthwith cause the president and trustees or their clerk or attorney and the owner or owners of property, included in such verdict, to be notified of the contents of the same. The said police magistrate may at any time within ten (10) days of the filing of such verdict, for good cause shown set aside such verdict and grant a new inquest of damages. If either party shall be dissatisfied with the verdict of the second inquest, they shall be allowed an appeal to the circuit court of the County of Grundy. When any such verdict, not exceeding the sum of one hundred dollars ($100.00), shall be filed with the police magistrate and entered on his docket, unless set aside or appealed from, it shall be a judgment against the president and trustees of said town of Minooka, in favor of such owner, including therein the amount of damages thereby assessed to him, and in case the sum assessed to any owner, exceeds one hundred dollars ($100.00), the said police magistrate shall on application of the person entitled thereto, certify to the clerk of the circuit court of Grundy County a full and complete transcript of the proceedings and verdict in such case, which shall be filed and recorded by the clerk of the said court in the same manner as other transcripts from the justice's dockets and shall from the time of such filing, have all the force and effect in favor of the person or persons entitled to such damages as a judgment obtained in said circuit court.
The president and trustees shall require their clerk, and it shall be his duty, to make and keep a full and faithful record of all their proceedings, by-laws and ordinances and of the time, place and manner of the publication of such by-laws and ordinances in a book to be provided for that purpose and such book purporting to be the record book of the corporation of the said town of Minooka, shall be received in all courts without further proof as evidence of the matters therein contained and all ordinances, by-laws, acts, resolutions and other things pertaining to and concerning the corporation of the town of Minooka shall be sufficiently proven in any court of law or equity in the State of Illinois by the production in such court of the book or books in which the same are recorded in the manner and form hereinafter provided, to-wit:
All ordinances, by-laws or rules passed or established by the board of trustees of said town before taking effect, shall be published at least ten (10) days in some newspaper published in said town, or by posting up copies of the same in at least three (3) public places in said town, and shall be signed by the president and clerk of the board and authenticated by the common seal of the corporation, and shall be written out in full on the record book or books of said corporation, and signed thereon by the president and clerk of the board of trustees with their own proper signatures and said clerk, at the time of making such record, shall attach thereon the common seal of the corporation and shall also note the date of the adoption of said ordinances, by-laws or rules, the time of the taking effect thereof, and also the time, manner and place or places of their publication.
In all cases of assault, assault and battery, affrays, riots, routs, disturbing the peace, disturbing public meetings and unlawful assemblage of any kind committed within said town of Minooka, after the passage of this act, and before the board of trustees of said town shall have provided by ordinances for the punishment of any such offense, the criminal laws of the State of Illinois, applicable to such offense, shall be deemed and held to be in full force and effect as to any such offense or offenses.
This act is hereby declared to be a public act, and may be read in evidence in any and all courts of law and equity in the State of Illinois without proof and shall take effect and be in force from and after its passage.
UNITED STATES OF AMERICA )
) ss. Office of Secretary
State of Illinois )
I, Edward Rummel, Secretary of the State of Illinois, do hereby certify that the foregoing is a true copy of "An Act to Incorporate the Town of Minooka."
Approved March 27th, 1869.
Now on file in this office.
In witness whereof, I hereto set my hand and affix the Great Seal of the State of Illinois at the city of Springfield, this 14th day of December, A.D. 1869.