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POLL LISTS AND TALLY LISTS.
SEC. 9. The board of election shall keep a poll list and tally list, and shall return the same with the election returns. No list, tally, paper, or certificate returned from any election must be rejected for want of form, if it can be satisfactorily understood.
SEC. 10. All ballots shall be of paper, upon which shall be written or printed, or partly written and partly printed, the names of the persons voted for and the offices designated. Each ballot may contain seven names for councilmen and three names for school directors. No ballot must be used or circulated on the day of election having any mark on the back thereof whereby it might be distinguished from other ballots, or from which it can be ascertained what persons or class of persons used or voted it. Every ballot must be folded in such a manner that nothing written or printed thereon can be seen.
BALLOTS FOLDED TOGETHER, ETC.
SEC. 11. If in the ballot box two or more ballots are found folded together, they must be rejected. No ballot or part thereof must be rejected by reason of any obscurity therein in relation to the name of the person voted for or the designation of the office, if the board, from an inspection of the ballot, can determine the person voted for and the office intended. If the names of more than seven persons are designated on any ballot found in the ballot box for the office of councilmen, all the names designated for such office must be rejected, and if the names of more than three persons are designated on any ballot found in the ballot box for the office of school director, then all the names designated for such office must be rejected, and the fact of such rejection in either case, and the reason therefor must be noted on the ballot and signed by a majority of the election board. If a ballot is found in any ballot box containing the name of the person and the office for which he is designated, or either two or more times, it must not for that reason be rejected, but must be counted as one ballot.
SEC. 12. Voting may commence as soon as the polls are open and may be continued during all the time the polls remain open. The person offering a vote must hand his ballot, properly folded, to one of the judges of election, and announce his name. The judge of the election must receive the ballot, and, before depositing it in the ballot box, shall announce the name of the voter, and the same shall be recorded on the poll list by the clerk. The judge shall then deposit the ballot without opening or examining the same in the ballot box. Each clerk must keep a list of persons voting, and the name of each person who votes must be entered thereon and numbered in the order of voting.
CHALLENGE, GROUNDS OF, ETC.
SEC. 13. It shall be the duty of the members of the election board or any elector present to challenge any person offering to vote whom he shall know, or suspect, not to be qualified as an elector. If a person offering to vote is challenged as unqualified, one of the judges of election shall administer to him the following oath or affirmation: "You do solemnly swear (or affirm) that you will well and truly answer all such questions as shall be put to you touching your place of residence and qualifications as an elector at this election." The judges of election shall then propound such questions to the person challenged as may be necessary to test his qualifications as an elector at that election. The judges may hear such other testimony and consider such other evidence as is proper upon the question. A majority of the judges shall decide the matter. If the challenge is decided against the person offering to vote, the ballot offered must, without examination, be returned to him; if determined in his favor, the ballot must be deposited in the ballot box. If the person so challenged refuse to answer fully any question touching his qualifications as an elector which shall be put to him, the judges shall reject his ballot. The board must cause one of the clerks to keep a list showing, first, the names of all persons challenged; second, the grounds of such challenge; third, the determination of the board upon such challenge.
CANVASSING AND RETURNING THE VOTE.
SEC. 14. As soon as the polls are finally closed the judges, must immediately proceed to canvass the votes given at such election. The canvass must be public and must be continued without adjournment until completed and the result thereof is declared. The canvass must be commenced by taking out of the box the ballots unopened (except so far as to ascertain whether each ballot is single) and counting the same to ascertain whether the number of ballots corresponds with the number of names upon the list of voters kept by the clerks. If two or more separate ballots are found so folded together as to present the appearance of a single ballot they must be laid aside until the count of the ballots is completed; then if upon a comparison of the count with the number of names of electors on the lists which have been kept by the clerks, it appears that the two ballots thus folded together were cast by one elector, they must be rejected. The ballots must be then replaced in the box, and if the ballots in the box exceed in number the names on the list, one of the judges must publicly, and without looking in the box, draw therefrom singly and destroy unopened a number of ballots equal to such excess; and the board of election must make a record upon the poll list of the number of ballots so drawn and destroyed. When the number of ballots agree, or being thus made to agree with the number of names on the lists, the lists must be signed by the members of the board of election, and the number of names thereon must be set down in words and figures at the foot of each list and over the signatures of the election board. After the lists are thus signed, the board must proceed to count and ascertain the number of votes cast for each person voted for. The ballots must be taken out and opened by one of the members of the board, and must be distinctly read. Each clerk must write down each office to be filled and the name of each person voted for to fill such office, and keep the number of votes by tallies as they are read aloud. The ballots, as soon as read or rejected for illegality, must be strung upon a string by one of the judges, and must not thereafter be examined by any person, but must as soon as all are counted be carefully sealed in a strong envelope, each member of the board writing his name across the seal. As soon as all the votes are counted and the ballots sealed up, lists must be attached to the tally lists containing the names of persons voted for, and for what office, and the number of votes given for each candidate, and such lists must be signed by the members of the election board. The board must, before it adjourns, inclose in a cover and seal up and direct to the city clerk one of the lists of persons challenged, one of the lists of voters, one of the tally lists and list attached thereto, and it shall be the duty of one of the members of the board, to be determined by lot, unless otherwise agreed upon, to deliver the sealed packages containing the lists, papers, and ballots to the city clerk. Upon receipt of the packages, the clerk must file the one containing the ballots, and must keep it unopened or unaltered for twelve months, after which time, if there is not a contest commenced in some tribunal having jurisdiction about such election, he must burn the package, without opening or examining its contents. The other packages the clerk must produce before the board of common councilmen when in session for the purpose of canvassing returns.
MEETING OF COUNCIL TO CANVASS RETURNS.
SEC. 15. The common council shall meet at their usual place of meeting on the first Monday after each election to canvass the returns, and must then and there proceed to canvass said returns, but may, for good cause, postpone such canvass from day to day, not exceeding three postponements. The canvass must be made in public, and by opening the returns and estimating the vote for each person voted for, and for and against each proposition voted upon at such election, and declare the results thereof. The city clerk must, as soon as the result is declared, enter on the records of the board of common councilmen a statement of such result, which statement must show, first, the whole number of votes cast in the city; second, the names of the persons voted for, and the propositions voted upon; third, the office to fill for which each person was voted for; fourth, the number of votes given to each of such persons, and for and against each of such propositions.
DECLARATION OF RESULT.
SEC. 16. The board of common councilmen must declare elected the seven persons having the highest number of votes given for common councilmen, and the three persons having the highest number of votes given for school directors.
CERTIFICATE ISSUED BY CITY CLERK.
SEC. 17. The city clerk must immediately make out and deliver to such persons, on demand, a certificate of election, signed by him, and authenticated by the corporate seal of the city.
OATH OF OFFICE.
SEC. 18. All officers elected under this ordinance before entering upon the duties of their office must take and file with the city clerk an oath of office to the following effect:
do solemnly swear (or affirm) that I will support the Constitution of the United States, and that I will, to the best of my ability, faithfully perform the duties of the office of during my continuance therein. So help me
If the person affirms, instead of the last clause, there must be added: "And this I promise under the pains and penalties of perjury."
VACANCIES IN OFFICE.
SEC. 19. An office shall be deemed vacant upon the death or resignation of the incumbent, or whenever the incumbent shall be absent from the city for a period of sixty days after the expiration of time limited in leave of absence, or by the failure of the person elected to qualify therefor on or before the first Monday in July following his election. Vacancies in the office of councilmen and school directors shall be filled by appointment made by the council, to continue during the remainder of the term. An officer appointed to fill a vacancy must within five days from such appointment qualify therefor, as in case of an officer elected, or he shall be deemed to have declined, and the office be considered vacant.
COMPENSATION OF ELECTION OFFICERS.
SEC. 20. There shall be allowed by the city of Juneau to the several judges and clerks of election, as herein provided, the sum of $3 per day while holding elections.
TIME OF TAKING EFFECT.
SEC. 21. This ordinance shall be published on the 8th, 13th, and 20th days of May, 1901, in the Daily Dispatch, a newspaper published in the city of Juneau, and shall be posted in three public places in said city, and shall take effect and be in force from and after the date on which it is passed and approved.
Passed and approved this 7th day of May, A. D. 1901.
[Ordinance No. 13.]
TO PROVIDE FOR THE CONSTRUCTION AND REPAIR OF STREETS, SIDEWALKS, AND GUTTERS.
The city of Juneau does ordain as follows:
STREETS, ETC., ARE PUBLIC HIGHWAYS.
SECTION 1. All streets, lanes, or alleys, and all public places as laid out in the recorded map or plat of the town site of Juneau, which is on record in the recorder's office of the Juneau recording district, in book 13, of trustees' deeds, and all streets, lanes, and alleys that may hereafter be laid out within the city of Juneau, are hereby declared public and free highways.
WIDTH OF STREETS.
SEC. 2. All streets within the limits of this city are hereby declared to be of the width shown by the field notes of the subdivisional survey of the town site of Juneau, as executed by G. W. Garside, as shown by the map and plat of record in the recorder's office of the Juneau recording district, except Front street, which is
hereby declared to be 50 feet in width, extending from Main street along the water front to the intersection of Franklin street, thence in a southeasterly direction along the water front to the southeasterly limit of said city.
GRADE OF STREETS.
SEC. 3. It shall be the duty of the street commissioner or such other person as the common council may appoint to fix the grade of all streets, alleyways, sidewalks, and gutters within this city, whenever ordered so to do by the common council, and to report the same to the council, and said grade, after adoption by the council, shall be obligatory upon all owners of property within this city.
CONSTRUCTION AND IMPROVEMENTS OF STREETS.
SEC. 4. Whenever the common council shall deem it expedient to establish, construct, alter, or improve any street or part thereof, now or hereafter laid out or established within the corporate limits of this city, said council shall give ten days' notice, by publication, of its intention to so establish, construct, alter, or improve such street, or part thereof, together with the kind of improvement proposed to be made. Said notice shall also state the time and place when said council shall hear the evidence and proof from all parties interested for and against such proposed improvement. If at such hearing no remonstrance or objection be made to such improvement, or if said council, after hearing the evidence and proof from all parties interested, deem it expedient and necessary for the improvement of the city to proceed with such improvement, the council shall, at its earliest convenience, commence to make the proposed improvement as hereinafter provided, or in case of establishing a new street, then the council may declare it such by ordinance: Provided, That no ordinance or resolution directing the grading. planking, sidewalking, or other improvement of any street within the limits of said city, shall be passed or adopted by the council unless a majority of the lot owners along the street or part of street sought to be graded, planked, sidewalked, or otherwise improved, shall have petitioned the council to make such improvements.
COSTS OF IMPROVEMENTS.
SEC. 5. Each lot or part thereof within the limits of the proposed street improvement shall be liable for the full costs of making the same upon the half of the street in front of and abutting upon it, and also for the proportionate share of the cost of improving the intersection of two streets bounding the block in which such lot or part thereof is situated. In case the notice, provided in section 4, be for the improvement of a street or part thereof the council may proceed to ascertain and determine the probable cost of making such improvement, and assess upon each lot or part thereof liable therefor its proportionate share of such cost. When the probable cost of the improvement has been ascertained and determined, and the proportionate share thereof of each lot or part thereof has been assessed, the council must declare the same by ordinance and publish a notice for five days, setting out the sum assessed against the several lots or parts thereof for such improvement. If said sum so assessed be not paid to the city treasurer within five days from the date of the last publication of said notice, the same shall then become delinquent, and the same shall be recovered in a civil action in any court of competent jurisdiction within this city.
CONTRACT FOR STREET IMPROVEMENT.
SEC. 6. The council shall give such notice as they deem reasonable of the time and place of receiving bids for proposed street improvements. After such notice, the work must be let to the lowest responsible bidder, for either the whole work necessary to complete the proposed improvement, or for such subdivision thereof, as will not materially conflict with the completion of the remaining portions; but no bid for a fractional part of any class of work chargeable to any block fronting upon the street to be improved shall be received; and a bid by the owner or owners of two-thirds of the property in a block fronting on a street proposed to be improved, must be accepted: Provided, That the same be as low as any other bid and the work can be so subdivided without injury to the owners of adjacent or other property. The council, however, may reject any and all bids when deemed excessive or unreasonable.
DEFICIT OR SURPLUS.
SEC. 7. If upon the completion of any improvement it is found the sum assessed therefor upon any lot or part thereof is insufficient to defray the costs thereof, the council must ascertain the deficit and declare the same by ordinance, and proceed to collect such deficit, as provided in Section V, for the collection of the original assessment. If upon the completion of any improvement it is found that the sum assessed therefor upon any lot or part thereof, is more than sufficient to defray the costs thereof, the council must ascertain and declare the surplus by ordinance, and when so declared, it must be refunded to the person who paid such surplus, or his legal representative. All money paid or collected upon assessment for improvements on streets shall be kept by the city treasurer as a separate fund, and in nowise used for any other purpose whatever.
TRENCHES NOT TO REMAIN OPEN.
SEC. 8. No trench dug for pipes or conduit shall remain open over twenty-four hours after the pipe or conduit is laid, and all planking removed for the purpose of laying any pipe or any other purpose shall be replaced and put in as good order by the company or person who caused the removal, as it was previous to such removal.
BARRIERS AND LIGHTS WHERE WORK IS BEING DONE.
SEC. 9. Any person or company by whom any portion of the public street or sidewalk may be made dangerous shall erect, and so long as the danger may continue, maintain around the portion of the street or sidewalk so made dangerous a good and substantial barrier, and shall cause to be maintained during every night a lighted lantern on that portion of the street or sidewalk.
SEC. 10. Whenever any street is not in good condition and repair, it shall be the duty of the marshal to notify the owner, or the owners, or agent of the land or property abutting upon said street at the place where the repair is needed, to have the same repaired at their expense within such time as the marshal shall deem such repairs can be made, and it shall be the duty of the owners of land abutting upon the streets and public highways within this city to keep such street or highway immediately in front of their property in good repair to the center of such street or highway. Should such owner or agent refuse to make such repairs ordered within such time as shall be allowed for making the same, it shall be the duty of the marshal, under direction of the street commissioner, to cause such repairs to be made at the expense of the owner of the property, and the same shall be recovered in a civil action in any court of competent jurisdiction within this city.
SETTING APART FOR SIDEWALKS.
SEC. 11. There shall be set apart as a sidewalk, a space of ground 5 feet in width on each side of every street or public highway, and all sidewalks hereafter constructed, shall be 5 feet in width and shall be brought to the grade established by the common council, and the pitch of said sidewalk shall be one-eighth of an inch to every foot of width, arising from the curb to the inside line of said sidewalks.
SEC. 12. Whenever a majority in frontage of the owners of property in any one block on any street in this city shall petition to have a sidewalk constructed, and the council shall deem it expedient, it shall be required of all property owners in said block along the line of the sidewalk petitioned for to construct a sidewalk in accordance with the provisions of this ordinance along the entire length of the property owned by them in said block on said street. The council shall give ten days' notice by publication of its intention to provide by ordinance for the construction of such sidewalk. Said notice shall also state the time an pla when said council shall hear evidence and proof of all parties interested for or against such proposed sidewalk. If at such hearing no remonstrance or objections be made to the construction of such sidewalk, or if said council, after hearing the evidence and proof from all parties interested, deems it expedient and necessary for the improvement of the city to cause such sidewalk to be constructed, the council shall then, by ordinance, require the con