Art. 37. All business shall be brought before the meeting of the delegates by the chairman with the concurrence of the Town Council, and shall be decided either by open or closed ballot, at the discretion of the meeting, by a majority vote. In case of an even ballot, the vote of the chairman shall decide. Character shall be decided by a closed ballot. Questions relating to the introduction of new taxes, or the increase of those already in vogue, or their substitution; also to concluding long-term loans, the alienation of property on long-term lease, the alteration of these Regulations, or the removal before the expiration of their term of the chairman or members of the Town Council, shall be decided by not less than a two-thirds vote of the delegates.

Note. The meeting of delegates shall have the right to organize from among its members, or from the persons whose names are entered on the electoral list, a Committee for the examination of matters brought up for the examination of properties and securities of the public Administration, &c.

Art. 38. The following business shall be brought in for the decision of the assembly of delegates:-

1. The estimate of the town revenues and expenditures for the following year.
2. Confirmation of reports regarding the work of the Town Council during the past year.
3. The preparation of the budget and fixing the rate or rates, according to Article 5 of these Regulations, and adoption of rules for the collection of same.
4. Fixing the taxes for the use of the town's property and public buildings, and making the necessary arrangements for such.
5. Extending payment of and adjusting delinquent taxes.
6. Matters relating to the arrangement of ordinary taxes and their conversion into money.
7. Instituting new taxes not foreseen in Article 5 of these Regulations.
8. Making obligatory decisions in regard to the proper arrangement and good order of the town.
9. Matters relating to loans for the municipal requirements, with their guarantee in the name of the town.
10. Granting of Concessions for municipal undertakings within the town (water-works, colonization, tramways, lighting, &c.).
11. The election of the chairman and members of the Town Council, and their removal before the expiration of their term.
12. Confirmation and alteration of the Ordinances of the Town Council.
13. Sale and lease of the immovable property of the town.
14. Receiving contributions for the benefit of the town.
15. Alteration of the plans of the town settlement.
16. Fixing of prices on articles of first necessity, also for the hire of cabs, trucks, tramways, steam vessels, &c.
17. Promulgating rules and Regulations regarding the relations between employers and their employés in manufacturing, trade, and industrial establishments.
18. Alterations of the conditions of these Regulations.

Art. 39. All decisions of the meetings of the delegates shall be reported by the Town Council within one week to the manager of the Eastern Chinese Railway Company.

Art. 40. All decisions of the meetings of the delegates which relate to matters mentioned in paragraphs 1, 3, 6, 7, 10, 15, and 16 of Article 38 of these Regulations shall be confirmed by the management of the Railway Company. Also shall be confirmed by said management decisions regarding loans and guarantees (Article 38, paragraph 9), but the said management shall not confirm guarantees and also small loans for the running expenses of the town, providing their sum total, together with all loans previously made, will not exceed one-half of the total town revenues for the past year. The above-mentioned decisions shall be recognized as confirmed by the management, and shall become effective if within two months from the date of their receipt by the manager of the railway their confirmation shall not be refused.

Art. 41. The decisions of the meetings of the delegates, shown in paragraph 3, Article 38, of these Regulations, shall be put into force if within two weeks from the date of their receipt they shall not be protested by the manager of the railway.

Page 11

Town Council.

383A

Art. 42. The Town Council shall consist of a chairman and five members, of which three shall be elected and two appointed by the manager of the Eastern Chinese Railway from the employés of the above-mentioned Railway Company, or from persons who are on the electoral list.

Art. 43. The chairman and elected members of the Town Council shall hold office for three years, and shall be elected from the delegates.

The chairman shall be only a Russian subject. In case it is impossible for the chairman to be present at the meeting of the Town Council or the town delegates, a Russian subject shall be elected by the Council from the elected members to take his place. In case any one of the elected members of the Council shall retire or refuse to serve, or in case of removal from office, or sickness, or death, the assembly of delegates will elect a substitute to serve the unexpired portion of the three-year term.

Art. 44. The election of the chairman and members of the Town Council shall be by closed ballot, with ballot-balls, from the candidates proposed at the meeting. The persons who shall receive the majority of votes at the meeting shall be considered elected.

Art. 45. Complaints of improper balloting at the elections shall be sent to the manager of the railway within seven days from the day of election. If the manager of the railway shall find these complaints justified, he may demand that a special meeting be called of the delegates for examination. Such meeting shall have the right either to confirm the election or to hold another election, fully or in part, according to their judgment.

Art. 46. The chairman and the members of the Council shall receive compensation for their services from the funds of the public Administration, in accordance with arrangements made at a meeting of the delegates before the election.

Art. 47. To the duties of the Town Council shall belong the supervision of the executive portion of the entire public Administration; and also (1) the execution of the decisions of the meetings of the delegates; (2) presentation to the meeting of reports and estimates which relate to their management; (3) the right of appointment, removal, or discharge of employés of municipal administration, also to fix their salaries in accordance with allowances; (4) the formulation of rules and regulations for control of the Town Council, and also rules to govern the use of the town's buildings; (5) the preparation of the estimate of the budget and the reports of the working of the Town Council; (6) investigation of complaints against the management and working of persons under the public Administration; (7) confirming plans and façades of private buildings, and the giving of permission for rebuilding and repairing; and (8) the Town Council shall sue and be sued before the Court in matters relating to town property.

Art. 48. At the meeting of the Town Council, a quorum shall consist of not less than four members, including the chairman or his substitute. All business of the Council shall be decided by an actual majority of votes of the members present; if the ballot be equal, the chairman shall have the deciding vote.

Art. 49. A report of all the proceedings of the Council shall be presented to the manager of the Eastern Chinese Railway Company. Decisions of the Council, which have been decided unanimously by its members at the meeting, may be put into effect at once; all other decisions which do not receive any objection from the manager of the railway within a week may be put into effect. In case such objection is made, the case shall be investigated by the Town Council, and if the Council cannot arrive at an agreement with the manager of the railway, then the questions in which disagreement occurs shall be taken up for decision at a meeting of the delegates.

Art. 50. All business transactions and debates at the meetings of the delegates, also at the meetings of the Town Council, shall be conducted in the Russian language.

Art. 51. All relations of the municipal management with the Chinese Government and the foreign Consuls shall be conducted not otherwise than with the consent of the management of the railway.

Art. 52. All rules instituted by the general management in accordance with regular procedure shall be effective on all residents and establishments in the town territory of Harbin.

Art. 53. In the surrender by the public Administration of grounds belonging to it to foreigners, there shall be taken from such foreigners a signed pledge that they will obey all police and municipal rules and regulations, permanent and temporary, and also those which are to be formulated. When foreigners sign such pledges, their Consuls on

Share This Page