^^A^S^. CHARTER OF THE CITY AND COUNTY of DENVER FRAMED B¥ THE SECOND CHARTER COIWENTION FEBRUARY 6, 1904 AND AMENDMENTS THERETO TO DECEMBER 1, loii CONTAINING ALSO ARTICLE XX OF THE CONSTITUTION OF THE STATE OF COLORADO DENVEB, COLOBADO THE SMITH-BROOKS PRINTINa COMPANY 1911 CHARTER OF THE CITY AND COUNTY of DENVER FRAMED BY THE SECOND CHARTER CONVENTION FEBRUARY 6, 1904 AND AMENDMENTS THERETO TO DECEMBER 1, 191 1 CONTAINING ALSO ARTICLE XX OF THE CONSTITUTION OF THE STATE OF COLORADO DENVER, COLORADO THE SMITH-BROOKS PRINTING COMPANY 1911 OFFICERS AND MEMBERS SECOND CHARTER CONVENTION CITY AND COUNTY OF DENVER OFFICERS. President Charles H. Marshall Vice-President Harper M. Orahood Secretary Charles W. A^arnum Assistant Secretary William H. McClure Sergeant-at-Arms James Collins Doorkeeper A. L. Barker Stenographer Alice M. Clarke MEMBERS. Charles M. Browx Jos. C. Shattlck Thomas F. Daly Jacob Fillil's John Gafpy Alice Polk Hill David K. Lee Rev. C. H. Marshall Harper M. Orahood Oscar Reuter W:m. H. Sharpley August J. Spengel Hugh L. Taylor Charles S. Thomas Edward F. Trunk Thomas E. Watters Wm. F. Webb Clay B. Whitford Hiram G. Wolff Benj. E. Woodward Adolpii J. Zang JS 1911 SYNOPSIS OF CONTENTS Article XX of the Constitution of Colorado Page 9 Preamble Page 19 ARTICLE I. Sections. Boundaries 1- 3 ARTICLE II. Legislative department 4-19 Initiative and referendum 20-23 ARTICLE III. Executive department 24 Mayor 25-32 Attorney 33-36 Clerk .\ 37- 38 Seal 39^ Recorder 40- 41 Sheriff ' 40- 43 Coroner 44 County superintendent of schools 45 Assessor 46 Auditor 47-50 Treasurer 51- 59 Commissioner of supplies 60- 62 Inspection 63 Department of fire, police and exci.se 64-69 Excise 70- 81 Department of public utilities and Avorks 82-90 Commissioner of highways 91 1 )epartment of parks 92-105 Department of health 106-112 Department of charity and correction 113-120 Art ■ 121-124 Libraries 125-130 ARTK^LE IV. Judicial dei)artment 131 County court 131-140 Justices' coiii-ts 141 Municipal court 141 470704 ARTICLE V. Sections. Oflficers iiiid snlaiies 149-165 ARTICLE YI. Ehvtioiis : 166-168 lOloction coininission 169-184 ARTICLE VII. Civil service 185-210 ARTICLE VIII. Finance and taxation 211-220 Custodv of public monevs 221-233 Several funds \ 234-238 Police department relief fund 239-241 Firemen's j)ension fund 242 Accounting- 243-244 Public indebtedness 245-247 Additional appropriations 24S Memorial day 249 Limitation of bonded indebtedness 250 Bonded indebtedness and refunding 251 ARTICLE IX. Public utilities 252-264 ARTICLE X. Franchises 265-269 ARTICLE XL Public improvements 270-277 Sidewalks 278-281 Sewers 282-292 Viaducts and tunnels 293-297 Assessment and payment 298-311 Bonds ". 312-314 Contracts . 315-316 Gas and water connection 317 Trees 318 Suburban improvement districts 319 Cherry creek improvement 320 Platte river 321 Eminent domain 322 Parks 323-329 Miscellaneous 330-332 ARTICLE XII. Changing channel of Cherrv creek 333-337 ARTICLE XIII. Sections. Right!^ and liabilities 338-347 ARTICLE XIV. Scheuule 348-353 ARTICLE XV. Auditorium 354 ARTICLE XX OF THE CONSTITUTION OF COLORADO ARTICLE XX Of the Constitution of Colorado A^ ACT To Submit to the Qualified Electors of the State of Colorado an Amendment to the Constitution of the State of Colorado, by Adding Thereto Article XX, entitled ''City and County of Denver." Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There shall be submitted to the qualified electors of the state of Colorado, at the next general election for members of the general assembly, for their approval or rejection, the fol- lowing amendment to the Constitution of the state of Colorado, by adding to the said Constitution a new article to be numbered and designated as '-'Article XX, City and County of Denver," which, when ratified by a majority of those voting thereon, shall be valid as a part of the Constitution, to wit: ARTICLE XX. CITY AND COUNTY OF DENVER INCORPORATION. Section 1. The municipal corporation known as the city of Denver, and all municipal corporations and that part of the quasi- municipal corporation known as the county of Arapahoe, in the state of Colorado, included Avithin the exterior boundaries of the said city of Denver as the same shall be bounded when this amendment takes effect, are hereby consolidated and are hereby declared to be a single body politic and corporate, by the name of the "City and County of Denver." By that name said corporation shall have perpetual succes- sion, and shall own, possess and hold all property, real and per- sonal, theretofore owned, possessed or held by the said city of Denver and by such included municipal corporations, and also all property, real and personal, theretofore owned, possessed or held by the said county of Arapahoe, and shall assume, manage and dispose of all trusts in any way connected therewith ; shall succeed to all the rights and liabilities, and shall acquire all benefits, and shall assume and pay all bonds, obligations and in- debtedness of said city of Denver and of said included munici- pal corporations and of the county of Arapahoe; by that name may sue and defend, plead and be impleaded, in all courts and 10 places. ;uul in all matters and proceedings; may have and use a connnou seal and alter the same at pleasure; may purchase, re- ceive, hold and enjoy, or sell and dispose of, real and personal property ; may receive bequests, gifts, and donations of all kinds of pro{)erty, in fee simple, or in trust for public, charitable or other purposes; and do all things and acts necessary to carry out the purposes of such gifts, bequests and donations, with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the gift, bequest or trust; shall have the power, within or without its territorial limits, to con- struct, condemn and purchase, acquire, lease, add to, maintain, conduct and operate, water works, light plants, power plants, transportation systems, heating plants, and any other public, utilities or works or ways local in use and extent, in whole or in part, and everything required therefor, for the use of said city and county and the inhabitants thereof, and any such systems, plants, or works, or ways, or any contracts in relation or con- nection with either, that may exist and which said city and coun- ty may desire to purchase, in whole or in part, the same or any I)art thereof may be purchased by said city and county, which may enforce such purchase by proceedings at law as in taking land for public use by right of eminent domain, and shall have the power to issue bonds upon the vote of the taxpaying electors, at any special or general election, in any amount necessary to carry out any of said powers or purposes, as may by the charter be i)rovided. The general annexation and consolidation statutes of the state shall apply to the city and county of Denver to the same extent and in the same manner that they would apply to the city of Denver if it were not merged, as in this amendment provided, into the city and county of Denver. Any contiguous town, city or territory hereafter annexed to or consolidated with the city and county of Denver, under any of the laws of this state, in whatsoever county the same may be at the time, shall be detached per se from such other county and become a municipal and territorial part of the city and county of Denver, together with all property thereunto belonging. The city and county of Denver shall alone always constitute one judicial district of the state. OFFICERS. Section 2. The officers of the city and county of Denver shall be such as by appointment or election may be provided for by the charter; and the jurisdiction, term of office, duties and (lualifications of all such officers shall be such as in the charter may be provided; but every charter shall designate the officers who shall, respectively, perform the acts and duties required of county officers to be done by the Constitution or by the general law, as far as applicable. 11 If any officer of said city and county of Denver shall receive any compensation whatever, he or she shall receive the same as a stated salary, the amount of which shall be fixed by the charter, and paid out of the treasury of the city and county of Denver in equal monthly payments. TRANSFER OP GOVERNMENT. Section 3. Immediately upon the canvass of the vote show- ing the adoption of this amendment, it shall be the duty of the governor of the state to issue his proclamation accordingly, and thereupon the city of Denver, and all municipal corporations and that part of the county of Arapahoe within the boundaries of said citj^, shall merge into the city and county of Denver, and the terms of office of all officers of the city of Denver and of all included municipalities and of the county of Arapahoe shall ter- minate; except, that the then mayor, auditor, engineer, council (which shall perform the duties of a board of county commis- sioners), police magistrate, chief of police and boards, of the city of Denver shall become, respectively, said officers of the city and county of Denver, and said engineer shall be ex-officio sur- veyor and said chief of police shall be ex-officio sheriff of the city and county of Denver; and the then clerk and ex-officio recorder, treasurer, assessor and coroner of the county of Arapahoe, and the justices of the peace and constables holding office within the city of Denver, shall become, respectively, said officers of the city and county of Denver, and the district attorney shall also be ex-officio attorney of the city and county of Denver. The foregoing officers shall hold the said offices as above specified only until their successors are duly elected and quali- fied as herein provided for; except that the then district judges, county judge and district attorney shall serve their full terms, respectively, for which elected. The police and firemen of the city of Denver, except the chief of police as such, shall continue severally as the police and firemen of the city and county of Denver until they are severally discharged under such civil service regulations as shall be pro- vided by the charter; and every charter shall provide that the department of fire and police and the department of public utili- ties and works shall be under such civil service regulations as in said charter shall be provided. FIRST CHARTER. Sec. 4. The charter and ordinances of the city of Denver as the same shall exist when this amendment takes effect, shall, for the time being only, and as far as applicable, be the charter and ordinances of the city and county of Denver; but tlie ])oopIe of the city and county of Denver are hereby vested with and they shall always have the exclusive power in the making, altering, revising or amending their charter, and, within ten days after the procla- mation of the governor announcing the adoption of this amend- 12 ment the coimcil of the city and county of Denver shall, by ordi- nance, call a special election, to be conducted as provided by law, of the qualified electors in said city and county of Denver, for the election of twenty-one taxpayers who shall have been qualified electors within the limits thereof for at least five years, who shall constitute a charter convention to frame a charter for said city and county in harmony with this amendment. Immediately upon completion, the charter so framed, with a prefatory synopsis, shall be signed by the officers and members of the convention and delivered to the clerk of said city and county who shall publish the same in full, with his official certifi- cation, in the oflacial newspaper of said city and county, three times, and a week apart, the first publication being with the call for a special election, at which the qualified electors of said city and county shall by vote express their approval or rejection of the said charter. If the said charter shall be approved by a majority of those voting thereon, then two copies thereof (together with the vote for and against) duly certified by the said clerk, shall, within ten days after such vote is taken, be filed with the secre- tary or state, and shall thereupon become and be the charter of the city and county of Denver. But if the said charter be re- jected, then, within thirty days thereafter, twenty-one members of a new charter convention shall be elected at a special election to be called as above in said city and county, and they shall pro- ceed as above to frame a charter, which shall in like manner and to the like end be published and submitted to a vote of said voters for their approval or rejection. If again rejected, the procedure herein designated shall be repeated (each special election for members of a new charter convention being within thirty days after each rejection) until a charter is finally approved by a ma- jority of those voting thereon, and certified (together with the vote for and against) to the secretary of state as aforesaid, where- upon it shall become the charter of the said city and county of Denver and shall become the organic law thereof, and supersede any existing charters and amendments thereof. The members of each of said charter conventions shall be elected at large ; and they shall complete their labors within sixty days after their respective election. Every ordinance for a special election of charter convention members shall fix the time and place where the convention shall be held, and shall specify the compensation, if any, to be paid the officers and members thereof, allowing no compensation in case of non-attendance or tardy attendance, and shall fix the time when the vote shall be taken on the proposed charter, to be not less than thirty days nor more than sixty days after its delivery to the clerk. The charter shall make proper provision for continuing, amending or repealing the ordinances of the city and county of Denver. 13 All expenses of charter conventions shall be paid out of the treasury upon the order of the president and secretary thereof. The expenses of elections for charter conventions and of charter votes shall be paid out of the treasury upon the order of the council. No franchise relating to any street, alley or public place of the said city and county shall be granted except upon the vote of the qualified taxpaying electors, and the question of its being granted shall be submitted to such vote upon deposit with the treasurer of the expense (to be determined by said treasurer) of such submission by the applicant for said franchise. The council shall have power to fix the rate of taxation on property each year for city and county purposes. NEW CHARTERS, AMENDMENTS OF MEASURES. Sec. 5. The citizens of the city and county of Denver shall have the exclusive power to amend their charter or to adopt a new charter, or to adopt any measure as herein provided ; It shall be competent for qualified electors in number not less than five per cent, of the next preceding gubernatorial vote in said city and county to petition the council for any measure, or charter amendment, or for a charter convention. The council shall submit the same to a vote of the qualified electors at the next general election not held within thirty days after such petition is filed; whenever such petition is signed by qualified electors in number not less than ten per cent, of the next preceding gubernatorial vote in said city and county, with a re- quest for a special election, the council shall submit it at a spe- cial election to be held not less than thirty nor more than sixty days from the date of filing the petition ; Provided, That any ques- tion so submitted at a special election shall not again be submit- ted at a special election within two years thereafter. In submitting any such charter, charter amendment or meas- ure, any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately without prejudice to others. Whenever the question of a charter convention is carried by a majority of those voting thereon, a charter convention shall be called through a special election ordinance as provided in section four (4) hereof, and the same shall be constituted and held and the proposed charter submitted to a vote of the qualified electors, approved or rejected, and all exjjenses paid, as in said section " provided. The clerk of the city and county shall publish, with his official certification, for three times, a week apart, in the official news- paper, the first publication to be with his call for the election, general or si)ecial, the full text of any charter, charter amend- ment, measure, or proposal for a charter convention, or alterna- tive article or proposition, Avhich is to be submitted to the voters. 14 Within leu days following the vote the said clerk shall pub- lish once in said newspaper the full text of any charter, charter amendment, measure or proposal for a charter convention, or alternative article or i)roposition, which shall have been approved by a majority of those voting thereon, and he shall file with the secretary of state two copies thereof (with the vote for and against) oificially certified by him, and the same- shall go into effect from the date of such filing. He shall also certify to the secretary of state, with the vote for and against, two copies of every defeated alternative article or proj^osition, charter, charter amendment, measure or proposal for a charter convention. Each charter shall also provide for a reference, upon proper petition therefor, of measures passed by the council to a vote of the qualified electors, and for the initiative by the qualified elect- ors of such ordinances as the}' may by petition request. The signatures to petitions in this amendment mentioned need not all be on one paper. Nothing herein or elsewhere shall prevent the council, if it sees fit, from adopting automatic vote registers for us at elections and references. No charter, charter amendment or measure adopted or de- feated under the provisions of this amendment shall be amended, rej>ealed or revived, except by petition and electoral vote. And no such charter, charter amendment or measure shall diminish the tax rate for state purposes fixed by act of the gen- eral assembly, or interfere in any wise with the collection of state taxes. CITIES OP THE FIRST AND SECOND CLASS. Section 6. Cities of the first and second class in this state are hereby em])Owered to propose for submission to a vote of the (lualified electors proposals for charter conventions and to hold the same, and to amend any such charter, with the same force and in the same manner and have the same power, as nearly as may be, as set out in sections four (4) and five (5) hereof, with full povrer as to real and personal property and public utilities, works or ways, as set out in section one (1) of this amendment. : . SCHOOL DISTRICTS CONSOLIDATED. Section 7. The city and county of Denver shall alone always constitute one school district, to be known as District No. 1, but its conduct, affairs and business shall be in the hands of a board of education consisting of such numbers, elected in such manner as tlie general school laws of the state shall provide, and until the first election under said laws of a full board of education which shall be had at the firet election held after the adoption of this amendment, all the directors of school district No. 1 and the respective presidents of the school boards of school districts Nos. 2, 7, 17 and 21, at the time this amendment takes effect. 15 shall act as such board of education, and all districts or special charters now existing are hereby abolished. The said board of education shall perform all the acts and duties required to be performed for said districts by the general laws of the state. Except as inconsistent with this amendment, the general school laws of the state shall, unless the context evinces a con- trary intent, be held to extend and apply to the said ''District No. 1." L'pou the annexation of any contiguous municipality which shall include a school district or districts or any part of a dis- trict, said school district or districts or parts shall be merged in said "District No. 1," which shall then own all the property thereof, real and personal, located within the boundaries of such annexed municipality, and shall assume and pay all the bonds, obligations and indebtedness of each of the said included school districts, and a proper proportion of those of partially included districts; Provided, however, That the indebtedness, both princi- pal and interest, which any school district may be under at the time when it becomes a part, by this amendment or by annexa- tion, of said "District No. 1," shall be paid by said school district so owing the same by a special tax to be fixed and certified by the board of education to the council which shall levy the same upon the property within the boundaries of such district, respectively, as the same existed at the time such district becomes a part of said "District No. 1," and in case of i)artially included districts such tax shall be equitably apportioned upon the several parts thereof. Section 8. Anything in the Constitution of this state in con- flict or inconsistent with the provisions of this amendment is hereby declared to be inapplicable to the matters and things by this amendment covered and provided for. Section 2. Each elector voting at said election and desirous of voting for or against said amendment, shall deposit in the bal- lot box his ticket whereon shall be printed the words "For Home Rule for Cities" and "Against Home Rule for Cities" and shall indicate his choice by placing a cross opposite one or the other of said groups of words. Section 3. Tlie votes cast for the adoption or rejection of said amendment sliall be canvassed and the result determined by the laws of the state for the canvass of votes for representatives in congress. THE CHARTER OF THE CITY AND COUNTY OF DENVER THE CHARTER Of the City and County of Denver PREFATORY SYNOPSIS. The second charter convention submits to the people of the -city and county a draft of a charter comprising fifteen articles, with their proper subdivisions. The total number of sections is 354, and the subjects to which they severally relate are tabu- lated, with proper references, in the synopsis of contents hereto attached. Article I defines the boundaries of the city and county as outlined by article XX of the state constitution. Article II, comprising sections 4 to 23, inclusive, entitled Legislative Department, is intended to define the powers and duties of the council. The dual system now in force is retained, with an increase of the board of supervisors from five to seven in number. The city and county is divided into seven districts, and a supervisor living in each district shall be elected at large. One alderman from each ward is provided for, and the ultimate number of wards limited to twenty-one. Provision is made for the exercise of the initiative and referendum, as required by article XX. Article III, relating to the executive department, comprises sections 24 to 130, inclusive. The department comprises a mayor, attorney, clerk, recorder, sheriff, coroner, superintend- ent of schools, assessor, auditor, treasurer, commissioner of sup- plies, commissioner of sprinkling, department of fire, police and excise, department of public utilities and works, department of parks, department of health, dei)artment of charity and cor- rection, a commissioner of highways, and other subordinate ap- ])ointive positions. The mayor, attorney, clerk, recorder, sheriff, coroner, sui)erintendent of schools, assessor, auditor and treas- urer are elective. All other executive officers are apT)ointed. The term of the elective officers is fixed at four years. The mem- bers of the board of fire, police and excise, and public utilities and works are appointed by the mayor, the commissioner of ex- cise being ex-officio chairman of the fire and police board. The board of public works is composed of the engineer and highway commissioner, together with the j)resident, to be appointed by the mayor. All a])pointees are either subject to removal by tlie mayor for causes not j(olitical, oi- at liis pleasure. One mem- 20 ber of each board must be of ditferent political faith from the others. The members of the park, library and charity and cor- rection commissions serve without compensation. It is be- lieved that due provision is made for all the phases and needs of tlie executive department. Article IV comprises sections 131 to 118, inclusive, and re- lates to the judicial department. Two judges of the county court are provided for, one of whom shall be elected every two years, excei)t that at the firsf election one of the judges chosen shall serve for a shorter term. Provision is made for three jus- tices of the peace, and as many constables. The police court is abolished, the duties of such court being imposed upon the jus- tices of the peace. Article V, sections 118 to 165, inclusive, relates to officers and salaries. The duties required of the various officers, their responsibilities and compensation are fixed, and all pei'sons in the employ of the city and county whose salaries are not spe- cifically mentioned are classified as employes. The salaries are, in some instances, increased as are the duties attached to the various T)ositions. In other respects the salaries are those now prevailing. Article VI. relating to elections, comprises sections 160 to 184, inclusive. The elections are fixed for the third Tuesday of May, 1904, and each alternate year thereafter. An election com- mission, composed of three members, is created, with full author- ity in all matters of registration and election. One member of such commission shall be of different political faith from the others, and a sahiry of -f 1,000 per annum is provided for each member. Article YII, sections 185 to 210, inclusi\e, relates to the civil service. The convention has named a commission for two years, after which the mayor shall appoint such members for six, four and two years, respectively, and one member shall be appointed every two years thereafter. The commission serves without com- pensation, and the departments specified in article XX are placed under its control. One member shall be of different political faitli from the other two. Article VIII, sections 211 to 251, inclusive, relates to finance and taxation. It includes provisions for police department re- lief fund and firemen's pension fund. It is believed that the ar- ticle fully covers the general subject of the public revenue, in- cluding taxation, accounting, appropriations, and bonded and other indebtedness. A limitation is placed upon the amount of public indebtedness, and provision is made for the refunding of all existing liabilities. Article IX, sections 2.52 to 264, inclusive, relates to public utilities, and provides for the management and operation thereof. Article X, sections 265 to 269, inclusive, relating to fran- chises, repeats the language of article XX upon the subject, and 21 limits all franchises granted to twenty j-ears. It reserves to the people the right to regulate rates for service, and provides for the granting of licenses or permits, revocable at any time. Article XI, sections 270 to 332, inclusive, is devoted to the subject of public improvements. The board may initiate paving districts of not to exceed twelve blocks, without petition, but the time for remonstrance has been extended from thirty to sixty days, and the percentage reduced from 51 per cent, to 85 per cent., and no monopoly material can be used. Ample provision is made for necessary sanitary sewers, and for all public im- provements needed or desired from time to time, and for the pay- ment therefor by assessments and from the general revenues. The subjects of parks, trees, suburban improvement districts, Cherry creek and Platte river are fully provided for. Article XII, sections 333 to 337, inclusive, gives the council poAver to change the channel of Cherry creek. Article XIII, sections 338 to 347, inclusive, defines the rights and liabilities of the city and count}'. Article XIV is the schedule. Provision is here made for the continuation of ordinances. It also contains the usual precau- tionary requirements naturally falling under this subject. Article XV, providing for an auditorium, is taken from the charter proposed by the first convention. PREAMBLE We, the people of the city and county of Denver, under the authority of the state of Colorado, do ordain and establish this charter for the cit}' and county of Denver. CHARTER OF THE CITY AND COUNTY OF DENVER. ARTICLE I. BOUNDARIES. Boundaries — How Defined. Section 1. The boundaries of the city and county, with the powers of annexation, shall be as defined by the constitution and the laws of the state of Colorado. Sixteen Wards. Section 2. The city and county may be divided, or resubdi- vided, by ordinance, into not less than sixteen (16) nor more than twenty-one (21) wards, and into election precincts for elec- tion j)urposes; Provided that until changed by ordinance, and for all the purposes of said election and of membership in the board of aldermen, the territory within the limits of the city and county existing at this time is hereby divided into sixteen (16) wards, corresponding in numbers and boundaries with the wards of the city and county heretofore established and now ex- isting. Seven Supervisor Districts. Section 3. The city and county is hereby divided into seven (7) supervisor districts, and for all the purposes of membership in the board of supervisors wards numbers fifteen (15) and six- teen (16) shall be known as district number one; wards numbers six (6) and seven (7), district number two; wards numbers one (1), two (2) and eleven (11), district number three; wards num- bers three (3), four (4) and five (5), district number four; wards numbers eight (8) and nine (9), district number five; wards numbers ten (10) and fourteen (14), district number six; wards numbers twelve (12) and thirteen (13), district number seven. Provided that if the number of wards be changed by the council the boundaries of said districts may also be changed by ordinance; but each ward shall be wholly in such supervisor dis- trict, and each district shall be composed of contiguous territory. 24 ARTICLE II. LEGISLATIVE DEPARTMENT. Council — Two Boards. Section 4. All legislative powers conferred b}' the consti- tution upon the city and county, except as otherwise provided, shall be vested exclusively in a council, consisting of a board of supervisors and a board of aldermen. The board of supervi- sors shall consist of seven (7) members, including a president, to be elected as herein provided, and all members of the board of supervisors shall be elected by the city and county at large ; Pro- vided, however, that there shall be one supervisor from each su- pervisor district; and no person not a resident of the supervisor district from which he is elected shall be eligible for membership in the board of supervisors. Supervisors — Term Four Years. Section 5. Members of the board of supervisors shall be elected for the term of four (4) years, except as herein provided. Supervisors — Two Classes — President. Section 6. The supervisors at their first session shall be di- vided into two classes ; those elected in districts designated by even numbers shall constitute one class; those elected in dis- tricts designated by odd numbers shall constitute the other class. The supervisors of one class shall hold for two (2) years; those of the other class shall hold for four (4) years, to be decided by lot between the two classes ; so that one-half of the supervi- sors, as near as practicable, may be biennially chosen forever thereafter. The board shall, by ballot, elect one of its number as president, wlio shall hold such position for the term of one (1) year, and until his successor is elected in the same manner. Aldermen — Term Two Years — President. Section 7. The board of aldermen shall consist of not less than sixteen (16) nor more than twenty-one (21) members, to be elected by wards, one from each ward of the city and county, and for the term of two (2) years, and they shall by ballot elect one of their number as president of the board, who shall hold such position for the term of one (1) year, and until his succes- sor is elected in the same manner. Members of Council— Privileges — Duties — Limitations. Section 8. All members of the council shall be exempt from serving on juries in the courts of this state during their term of office. No person not a citizen of the United States, a resi- dent of the territory comprising the city and county for at least two (2) years, and at least one (1) year a tax payer within said limits of the city and county, and at least twenty-five (25) years of age, shall be eligible for membership in the council; and no person not a resident of the ward from which he is elected, shall be eligible for membership in the board of aldermen. 25 No member shall hold any other office or employment, com- pensation for which is paid out of public moneys of the city and county, or be elected or appointed to any office created or the compensation of which was increased, by the council while he was a member thereof, until one (1) year after the expiration of the term for which he was elected, or be interested directly or indirectly in any contract with the city and county. No person who is directly or indirectly interested in a^ny contract with the city and county, or any department or institution thereof, or who is indebted to the state or to the city and county for taxes, or who shall have been convicted of malfeasance in office, bribery or other corrupt practices, shall be qualified for membership in the council. Council Meetings — Clerk. Section 9. Each board of the council shall hold regular meetings twice in each month, at the city hall, but the regular meetings of the two boards shall not be held in the same week ; and until otherwise provided by ordinance the regular meetings of the board of aldermen shall be held on the first and third Thursdays, and of the board of supervisors on the second and fourth Thursdays. The council shall sit with open doors, and keep a journal of its proceedings. The clerk of the city and county shall be the clerk of the council. President — Duties — Expulsion of Members, Etc. Section 10. The president of each board shall preside at all meetings of his board, and shall have a vote upon all measures pending therein. He shall appoint all committees and exercise such other powers as are usually vested in a- presiding officer. Each board may in the temporary absence of its president, or his inability to perform the duties pertaining to his office, elect a president pro tem, who shall be temporarily clothed with the powers and duties of the president, but shall not be entitled to receive any additional salary. The proceedings of each board in electing such president pro tem shall be evidenced by a suitable record thereof. Each board shall be the sole judge of the qualifications, elec- tion and returns of its own members. It shall have power to determine the rules of its own proceedings, punish its members for disorderly conduct, and with the concurrence of two-thirds of all the members elect, expel a member. A majority of the members elect of each board shall constitute a quorum ; a smaller number may adjourn from time to time, and may compel the attendance of absent members in such manner and under such penalties as each board shall provide. Journal — Majority of Members Elected Necessary to Any Action. Section 11. A journal of the proceedings of each board shall be kept by the clerk or a deputy clerk of the city and county, upon which shall be entered each vote taken by ayes and 26 noes ; and no action of either board, except an adjournment, shall have any force unless a majority of all of the members elected shall have voted in favor thereof. Absence Without Excuse— Forfeit $10.00. Section 12. If any member of either board shall be absent from any regular meeting thereof without being excused, he shall forfeit to the city and county ten dollars (|10.00) of his com- pensation for any such absence; and the journal record of the roll call shall be conclusive on the question of his presence or ab- sence. The clerk keeping the journal shall immediately after each meeting notify the auditor of the name of any absentee, who shall deduct all such forfeitures from the absentee's monthly sal- ary next to be paid. Ordinances — How Passed, Etc. Section 13. The council shall act only by ordinance in mat- ters of legislation, contract, appropriation or expenditures of money and by ordinance or resolution in other matters. All or- dinances or resolutions, except ordinances making appropria- tions, shall be confined to one subject, which shall be clearly ex- pressed in the title. If any subject shall be embraced in any ordi- nance which shall not be expressed in the title, such ordinance shall be void only as to so much thereof as shall not be so ex- pressed. Ordinances making appropriations shall be confined to the subject of appropriations. No ordinance shall be passed ex- cept by bill, and each bill when introduced shall be read at length and referred to a committee and shall not be subsequently so al- tered or amended as to change its original purpose. Bills may originate in either board and may be amended or rejected by either board. They shall be reported back to the board by the committee within five (5) days after such reference, or at the next regular meeting of the board after the expiration of said five (5) days unless a later day is designated when such refer- ence is made. The ayes and noes shall be taken upon the pass- age of all ordinances and resolutions and entered upon the journal. No ordinance shall take effect until published in some news- paper of general circulation published in the city and county, or in book or pamphlet form, by authority of the council. No bill or resolution authorizing the expenditure of more than five thou- sand dollars (|5,00U.00), except in case of local improvements to be paid for, in whole or in part by special assessments, shall be passed until after the expiration of one week from and after the introduction of the same, nor until advertisement has been made by the clerk for at least five (5) days in some such newspaper, stating the general nature of the contract or expenditure as the <;ase may be, and in case of the adoption of any amendment alter- ing the contract or expenditure the proposed time shall be ad- vertised in like manner before final action thereon. No bill for the publication of ordinances in newspapers shall be paid until 27 the publication tliereof sliall be evidenced by aflSdavit of the pub- lisher of same or some one authorized to act in his behalf, such affidavit to be accompanied by the ordinance as published. No ordinance shall be revived or amended or the provisions thereof extended or conferred, by reference to the title only ; so much thereof as is revised, amended, extended or conferred, shall be re-enacted at length. Enacting Clause. Section 14. The style of all ordinances shall be: "Be it en- acted by the council of the city and county of Denver." Veto by Mayor. Section 15. Every ordinance or resolution passed by the council shall be presented to the mayor within twenty-four (24) hours thereafter. If he approves such ordinance or resolution he shall sign it within live (5) days after receiving it; if he shall disapprove it, he shall within five (5) days after receiving it re- turn the same with his objection in writing to the board in which it originated, which board shall enter the objections at large upon its journal and proceed to reconsider the same. If then two-thirds of the members agree to pass the same, it shall be sent, together with the objections, to the other board, by which it shall be likewise reconsidered, and if approved by two-thirds of the members elected to that board it shall become an ordinance or resolution, notwithstanding the objections of the mayor. In all such cases a vote of each board shall be determined by ayes and noes to be entered upon the journal. If the mayor do not re- turn the resolution or ordinance with such disapproval within the time specified, it shall take effect as if he had approved it. In an ordinance appropriating money, the mayor may approve or disapprove any item ; as to the items approved the ordinance shall take effect as in case of other ordinances approved. As to the items disaproved, the same shall be reconsidered by the council as in other cases of disapproval. Council No Executive Power. Section 10. Whenever an executive or administrative func- tion shall be required to be performed by ordinance, the same shall be performed by the proper executive department, and not by the council. Such ordinance shall designate the department which is to perform the duties thereunder. If such designation be not made the mayor shall assign such duties to the proper de- partment. The council shall not, except as herein provided, ap- point any person to any office or employment, or create any new department. Council — Powers of. Section 17. Except as otherwise provided in this charter, the council shall have power to appropriate all money necessary for the expenses of the city and county and to transfer the unex- 28 jteuded balance of snch appropriation not needed for the purpose for which it was made. The council shall have power to enact and provide for the enforcement of all ordinances necessary to protect life, health and property, to declare, prevent and summarily abate and re- move nuisances; to preserve and enforce the good government, general welfare, order and security of the city and county and the inhabitants thereof; to enforce ordinances and regulations by ordaining fines not exceeding three hundred dollars or impris- onment not exceeding ninety (90) days, or both fine and impris- onment for each and every offense; the council, or a committee thereof duly authorized by it, shall have power to investigate any department of the city and county and the official acts and con- duct of any officer thereof, and may compel the attendance and testimony of witnesses and the production of books and docu- ments. No enumeration of particular powers granted to the council shall be construed to impair any general grant of power herein contained, nor to limit any such grant to powers of the same class or classes as those so enumerated. Amendment of Bills. Section IS. If a bill shall be amended and passed by either board other than the board in which the same originated, it shall be returned with the amendments to the board in which the same originated; and the vote shall be taken upon the bill as amended, but no further amendments shall be made to such bill after such return. All amendments adopted by either board to any bill or resolution shall be incorporated with the original bilj or resolu- tion by engrossment, and re-read in full before final passage; and no bill shall become an ordinance, nor shall any resolution take effect, unless signed by the president or by the president pro tem. of each board. Special Meetings. Section 19. The mayor may call special meetings of either board of the council, and upon written application of a majority of the members of either board, shall call special meetings of such board, by causing twenty-four (24) hours' notice in writing to be served upon the members thereof; and a copy of the notice thus served shall be entered upon the journal. The notice shall state the objects for which the meeting is called; and the busi- ness of such meetings shall be confined to the objects so stated. Service of such notice may be made by delivering a copy person- ally to each member, or by leaving a copy thereof at his usual place of residence with a member of his family over the age of fifteen (15) years. Service may be made by any police officer of the city and county and his return thereon shall be prima facie evidence of service, as therein set forth; but such special meet- ings of the two boards shall not be held on the same dav. 29 INITIATIVE^ REFERENDUM AND RECALL. Oeneral Provisions. Sectiou 20. Any measure, charter amendment, or proposal for a charter convention, may be submitted to a vote of the quali- fied electors in the manner provided by the constitution. Nothing in this section shall apply to the provisions contained in this eharter regarding the initiative and referendum concerning ordi nances. Eeferendum — Ordinance Take Effect After 30 Days — Petitions — Special Election. Section 21. Xo ordinance passed by the council shall take effect before thirty days after its final passage and publication, except an ordinance calling a special election or necessaiT to the immediate preservation of the public health or public safety. If within said thirty days a petition sigTied by qualified electors equal in number to at least fifteen per cent of the last preceding vote for mayor shall be filed protesting against such ordinance or any part thereof taking effect, such ordinance or such part thereof so protested against shall thereupon and thereby be suspended from taking effect and the council shall immediately reconsider the same, and if the same be not repealed the council shall forthwith publish the same, as other ordinances are pub- lished, if no publication has theretofore been made, and shall sub- mit the same to a vote of the qualified electors at the next general municipal election not held within thirty days after such petition is tiled, or at a special election to be called thereafter by the eouncil for that purpose, and such ordinance or part thereof shall not take effect unless a majority of the qualified electors voting thereon at such election shall vote in favor thereof. If such peti- tion shall be signed by qualified electors equal in number to at least five per cent, but less than fifteen per cent of the last pre- ceding vote for mayor, the council shall submit such ordinance or part thereof ;to a vote of the qualified electors at the next en- suing general municipal election not held within thirty days after such petition is filed. The council may on its own motion submit at a general or special municipal election any ordinance passed hy it in the same manner and with the same force and effect as hereinabove provided, but without any petition being required therefor. No ordinance defeated by a vote of the people shall be re-enacted Or passed by the council. Any provision of the charter in conflict herewith is hereby repealed. (As amended May 17, 1910.) Initiative — Petition — General or Special Election — Publication — Not Repealed by Council. Section 22'. Any projtosed ordinance may be submitted to the council by petition therefor of qualified electors equal in number to at least five per cent, of the last preceding vote for mayor, and such proposed ordinance shall be passed without 30 alteration by the council, and if vetoed by the mayor shall be passed over his veto, within thirty days after such petition is filed, or the council shall refer such proposed ordinance to the qualified electors at the next municipal election held not less than sixt}' days after such petition is filed. If such petition contain a retjuest for a special election and is signed by qualified electors equal in number to at least fifteen per cent, of the last preceding vote for mayor, the ordinance thereby proposed shall be passed by the council without amendment or change, and if vetoed b}' the mayor, shall be passed over his veto, within thirty days after such petition is filed, or the council shall refer such proposed ordinance to the qualified electors at a special election which shall be called within said thirty days and held not less than sixty, nor more than ninety days after such petition is filed, unless a general or special election is held within said period of time, in which case such proposed ordinance shall be submitted to a vote at such election. The council shall cause such proposed ordinance to be published in some daily newspaper of general circulation once each week until such election is held. No ordi- nance adopted by vote of the people shall be repealed or amended by the council. Any provision of the charter in conflict herewith is hereby repealed. (As amended May 17, 1910.) Procedure — Ballot — Adoption — Inconsistent Measures — Election — Registration, »-5ection 22-a. The general ballot used at any such election shall have printed on it the title of each ordinance submitted and on separate lines under said title the words ''For said Ordi- nance" and "Against said Ordinance" (or pari thereof, as the case may be). If a majority of the qualified electors voting on any proposed ordinance or part thereof shall vote in favor thereof the same shall thereupon become and be in full force and effect. If two or more proposed ordinances or parts thereof adopted or approved at the same election are inconsistent then the re- spective ordinance or part receiving the largest affirmative vote shall prevail, and the form of submission of inconsistent ordi- nances or parts thereof shall be such that the voters may clearly express their choice. Such election shall be held and the returns forthwith canvassed, certified and published as in other elections For all special elections at which any measure, charter amend- ment or proposal for a charter convention shall be submitted, all those acts as ta registration required by the statute to be per- formed between the forty -fifth and the twenty-fifth days before such election shall be done and completed between the thirtieth and the tAventy-fifth days before such election. Any provision of the charter in conflict herewith is hereby repealed. (New section adopted May 17, 1910.) 31 Recall — Petition — Grounds — Special Election — Candidates and Nominations — Who Elected. Section 22-b. Any elective officer is subject to recall as here- in provided and may be removed from, office bA^ a petition of the electors and an election held thereunder, but no person shall be so removed from office within six months after his election there- to. The petition shall name the officer to be removed and be signed by qualified electors equal in number to at least twenty- five per cent, of the vote cast, in the city, district, or ward, as the case may be, for all candidates for such office at the election at which such officer was elected, and shall contain a statement of the grounds upon which it is sought to remove him. The council shall, within thirty days after such petition is filed, call an elec- tion to be held not less than sixty nor more than ninety days after such petition is filed, unless a general or special election is held within said ninety days and not less than thirty days after the filing of such petition, in which case the recall shall be sub- mitted at such election. The name of the official sought to be recalled shall be printed as a candidate on the official ballot at such election, unless he decline in wanting. Other nominations may be made as at a regular election. Should the incumbent fail to receive the greatest number of votes or decline to be a candidate he shall thereby be forthwith removed from office, and the candidate receiving the greatest number of votes at said election shall qualify and hold such office. Any provision of the charter in conflict herewith is hereby repealed. (New section adopted May 17, 1910.) Petitions — Form — Filed With City Clerk and Transmitted to Election Commission — Protest — Sufficient and Insufficient Petitions — Findings — Submission. Section 23. The signatures to petitions need not be on one paper. The circulator of each such paper, which may consist of one or more sheets, shall make an affidavit thereto that each sig- nature thereon is the signature of the person w^hose name it pur- ports to be. The residence address of each signer shall accom- pany the signature. All petitions under the six preceding sec- tions shall be filed with the clerk of the council and by him forthwith transmitted to the election commission, and all peti- tions shall be deemed and held to be sufficient if they appear to be signed by the rec^uisite number of signers and such signers shall be deemed and held to be qualified electors unless a protest in writing, under oath, shall be filed with the election commis- sion by some (pialified elector within five days after such petition is filed setting forth the name of each signer protested against and the ground of such protest. Whereupon the election commission shall as soon as i)Ossible and within twenty-four hours mail a notice to each signer so protested against at his address given in the petition requiring such signer to be and appear before said commission at a time fixed in said notice, not less than twenty- 32 four hoiii-s nor more than forty -eight hours after the mailing of such notice and to defend against the evidence, if any, produced by protestant. If any signer so notified shall fail to appear and satisfactory evidence is given against his qualifications as such signer, his name shall be sti'icken from the petition. All evidence shall be under oath and any signer present at the hearing may be called as a witness by protestant or testify in his own behalf. All hearings shall be summary and not subject to delay and shall be concluded within fifteen days after such petition is filed. The commission shall forthwith certify the result of its examination to the clerk of the City and County of Denver and serve a copy of such certificate upon the person or persons named in the peti- tion as representing the signers thereof. In case the jjetition is insufiicient it may be withdrawn by the person or persons named therein as representing the signers and may, within fifteen days thereafter be amended and refiled as an original petition. When the petition contains a suffieient number of signatures the com- mission shall forthwith file the same with said clerk, Avho shall forthwith transmit the same to the council, which shall call an election as provided in the preceding sections. The finding of the election commission as to the suflficiency of any petition shall not prevent the same being reviewed by any state court of general jurisdiction upon petition of the person or persons rep- I'esenting or signing such petition. All petitions filed by the elec- tion commission in the clerk's office shall remain there and shall be public records. When any petition contains a form of sub mission of the measure or amendment or odinance petitioned for and such form is a reasonably fair description thereof the same shall be certified by the election commission and placed on the ballot and no petition filed subsequently shall be permitted to use any form of submission that is so similar to the one pre- viously filed as to tend to confuse the voter, and in case of such conflict the persons representing the subsequent petition may file a form of submission which shall be certified by the election commission and placed upon the ballot, provided the same shall fairly describe the measure, amendment or ordinance petitioned for and not be in conflict with any prior forms of submission nor tend to confuse the voter. Any provision of the charter in con- flict herewith is hereby repealed. (As amended May 17, 1910.) ARTICLE III. EXECUTIVE DEPARTMENT. Executive Officers. Section 24. The executive power of the city and county shall be vested in a mayor, sheriff, treasurer, auditor, attorney,' clerk^ assessor, recorder, coroner, county superintendent of schools, and in the departments and commissions herein created. 33 MAYOR. Mayor — Chief Executive — Messages to Council — Remit Fines. Section 25. The major shall be the chief executive, and en- force all laws and ordinances. He shall from time to time give the council information of the condition of the city and county and recommend such measures as he may deem expedient.. He may remit fines and penalties imposed for the violation of any ordinance, and shall report such remissions to the council at its next meeting, with his reasons. Reports to Mayor. Section 26. The mayor shall see that all contracts and agree- ments with the city and county are faithfully kept and fully per- formed. The head of every department and commission shall re- port to the mayor all facts and information coming to his knowl- edge concerning the violation of any contract or agreement with the city and county. Posse Comitatus. Section 27. The mayor may call upon every male inhabitant over the age of eighteen years to aid in enforcing the laws and ordinances, in preventing and extinguishing fires and in pre- serving the public peace and safety. Any person who shall refuse or wilfully neglect to obey such call shall be subject to a fine of not more than three hundred dollars. Acting Mayor. Section 28. When the mayor is unable for any cause to per- form the duties of his office, the president of the board of super- visors shall be the acting mayor; and when both the mayor and the president of the board of supervisors are for auj' cause unable to perform the duties of said office, the president of the board of aldermen shall be the acting mayor; and in case of death, resig- nation or removal of the mayor, the president of the board of supervisors shall become mayor, and the board of supervisors by ballot shall elect one of its remaining number as president, who shall hold such position for the unexpired term and until his successor is elected. No ordinance or resolution shall be approved or vetoed by the acting mayor until the last day when the same could be approved or vetoed by the mayor, nor shall any appointment to office be made by such acting mayor. Bonds, Contracts, Etc., Signed by Mayor — Attested by Clerk. Section 29. All bonds, contracts or other instruments of writing, requiring the assent of the city and county, shall be subscribed hy the mayor, or acting mayor, as the case may be, under the seal of the city and county, and attested by the clerk. All legal i)rocess against the city and county shall be served upon the mavor or acting ma^'or. 84 Offices — When Open. Sectiou 30. The city and county offices shall be in the public buildings of the city and county, and shall be open from 9 a. m. until 5 p. m., Sundays and legal holidays excepted. Vacancies — How Filled. Section ol. Whenever a vacancy shall occur in any ap- pointive office, the same may be filled by the mayor, appointing board, commissioners or officers, as in the case of an original ap- pointment, with the same power of suspension or removal ; when- ever a vacancy shall occur in either board of the council, the same shall be filled by the mayor, by and with the consent of the same board. Whenever a vacancy shall occur in any elective office, other than that of a member of the council, the same may be filled for the remainder of the term by the mayor, by and with the consent of the board of supervisors. Rules of Departments — How Established. Section 32. Heads of the departments shall make rules and regulations, not inconsistent with the charter and ordinances of the city and county, for the government of their departments, and enforce the same, and from time to time shall meet with the mayor and confer on matters of general importance to the busi- ness of the city and county. Bureau of Street Sprinkling. There shall be a bureau of street sprinkling which shall be under the control of the mayor. The mayor shall appoint a superintendent of the bureau, who, within the appropriation for street sprinkling, may employ such employes as may be neces- sary to transact the business of the bureau. The term of office of the superinted^dent shall be four (4) years. ATTORNEY. General Duties. Section 33. The department of law shall be in the control of the attorney for the city and county. He shall be the legal adviser of the mayor, council and heads of departments, and conduct all cases in court wherein the city and county, or any officer thereof in his official capacity, is a party or interested in any manner. He shall prepare alf contracts, bonds and other instruments to which the city and county or any officer, board or commission thereof is officially a party. He shall^also per- form such additional duties as are imposed on county attorneys by the general statutes of the state. All bills for ordinances for franchises of any kind, for licen- ses and concerning taxation, shall be referred"^ to him for his opinion, and within five days he shall return the same to the council with a written opinion thereon. W'hen directed by the mayor in writing, or by the council, he shall institute anv suit, 35 action or proceeding, upon behalf of the city and county or any board, commission or officer thereof. Dockets and Records. Section 34. The attorney shall keep office dockets of cases, properly indexed and numbered, and record therein all pro- ceedings in such cases, keep files of all cases, except those for violation of ordinances in the justice courts, containing copies of papers filed therein, preserve, index and bind records and printed briefs in the appellate courts in cases in which the city and county is a party in interest, all briefs prepared by him, all written opinions and official correspondence, and secure, index, bind and preserve copies of all written opinions rendered in the city and county cases in nisi prius courts. All such dockets, files and papers shall be the property of the city and county, and shall be delivered by the attorney to his successor in office. Reports — Annually. Section 35. On or before the first day of February of each year the attorney shall make a report covering the last fiscal year, showing all suits commenced and pending in courts of record, the docket number and title, the demand or relief sought, and, if final judgment has been rendered, the amount or nature thereof, whether an appeal has been taken, and where the city and county has sought affirmative relief and the determination thereof has been delayed, the reasons therefor, the amount of judgments for and against the city and county, the amount of fines imposed, and such other information as may be required by the mayor or council. Assistants. Section 36. The attorney may employ a first, second and third assistant and a stenographer. The council may, by ordi- nance, authorize the attorney to employ a police officer as an as- sistant, under his direction, to investigate the facts in actions brought for or against the city and county or its officers. Whenever emergency of litigation for or against the city and county shall, in his opinion, require it, the attorney, with the advice and consent of the mayor, shall employ special counsel to assist the attorney. The compensation of such counsel shall be paid out of the appropriation for the department of law. CLERK. General Duties. Section 37. The clerk, or a deputy, shall attend all meetings of the council, and keep a record of the proceedings; shall have the custody of the seal of the city and county, the original rolls of ordinances, original contracts, title deeds to public property, all official indemnity or securitj' bonds, except his own bond, which shall be filed and placed in the custody of the auditor, and 36 other records, papers aud documents not required to be deposited with any other officer. He shall attest all public instruments and official acts of the mayor, or acting ma3'or, and all instruments requiring the seal of the city and county, hy his signature and the seal of the city and county ; and shall also certify under his hand and the seal of the cit}' and county all copies of such original documents, records and papers in his office as may be required by any officer or per- son, and shall charge therefor such fees, for the use of the city and county, as may be provided by general law or b}^ ordinance. The clerk shall perform such other duties, not inconsistent with the duties imposed by the charter, as the council may by ordinance direct. He shall appoint a deputy, who shall have power to perform the duties of the clerk, and may also employ such other assist- ants within his appi'opriation as are now or hereafter may be authorized by ordinance. On or before the fifth day of each month the clerk shall make a full and complete report of the business and receipts of his office during the preceding month, which shall be executed in tri- plicate, one copy thereof delivered to the treasurer, one to the auditor and one to the mayor. Certified Copies of Records — Evidence. Section 38. Copies of all papers filed in the office of the clerk, and transcripts of the records of the council, and any record in the office of the clerk, duly certified by him, under the cor- porate seal of the city and county, shall be received as evidence in all courts of this state. SEAL. Provided by Ordinance. Section 39. The council shall provide by ordinance for an appropriate seal for the city and county. RECORDER. General Duties. Section 40. The recorder is hereby designated as the officer who shall perform the acts and duties now required or that may be hereafter required, to be performed under and by the consti- tution and general laws of the state by the ex-offlcio recorder of deeds, together with such other acts and duties as may be pro- vided by the charter and ordinances. He shall have custody of and safely keep and preserve all the books, records, deeds, maps and papers deposited or kept in his office and transmit the same to his successor. Reports — Monthly. Section 41. On or before the fifth day of each month the recorder shall make a full and complete report of the business and receipts of his office during the preceding month, which shall 37 be executed in triplicate, and one copy thereof delivered to the treasurer, one to the auditor and one to the clerk. SHERIFF. General Duties. Section 42. The sheriff is hereby designated as the officer who shall perform the acts and duties, and appoint an under- sheriff and deputies, as now required or that may hereafter be re- quired of sheriff's under and by the constitution and the general laws of the state, and he shall be subject to all liabilities pro- vided thereby. He shall perform such other acts and duties as may be provided by the charter and ordinances. Reports — Monthly. Section 43. On or before the fifth day of each month the sheriff shall make a full and complete report of the business and receipts of his office during the preceding month, which shall be executed in triplicate, and one copy thereof delivered to the treasurer, one to the auditor and one to the clerk. CORONER. General Duties. Section 44. The coroner shall perform the duties of the office of coroner as prescribed by the general laws of the state, and such other duties not inconsistent with such laws as the council may, b}' ordinance, require. COUNTY StTPERINTENDENT OF SCHOOLS. General Duties. Section 45. There shall be a county superintendent of schools, who shall perform such duties as are prescribed by the general laws of the state to be performed by county superintend- ents of schools, and who shall perform such other duties, not in- consistent with the general laws of the state, as may be pre- scribed by ordinance. ASSESSOR. General Duties. Section 46. The assessor shall assess all taxable property within the city and county at the time and in the manner pi'e- scribed by the general laws of the state and provisions of this charter, and shall perform such other duties not inconsistent with such laws and the provisions of this charter as the council may by ordinance require. AUDITOR. General Duties. Section 47. The auditor shall be the general accountant of the city and county. He shall receive and preserve in his office all accounts, books, vouchers, documents and papers relating to the accounts and contracts of the city and county, its debts, rev- enues and other fiscal affairs not required to be kept by the clerk, 38 and except as otherwise provided in this charter, or by ordi- nance, prescribe the mode of keeping, dating and rendering all accounts. He shall provide and keep in his office tables of the finances, assets and liabilities of the city and county, and keep all contracts, names of contractors, and names of employes in such manner as to show the department in which they are em- ployed, their respective salaries, powers, duties and how ap- pointed. He shall require all claims, settlements, returns, and reports made to him to be verified. He shall give information as to the exact condition of the treasury, and of every appropria- tion and fund thereof, upon demand of the mayor, council or any committee thereof. He shall sign all warrants, countersign and register all con- tracts, keep a true and accurate account of the revenues, receipts and expenditures of the city and county, and each of the differ- ent funds thereof, furnishing to each depaTtment weekly a state- ment of the unexpended appropriation of that department ; see that rules and regulations are prescribed and observed in rela- tion to accounts, settlements and reports; that no appropriation of funds is overdrawn or misapplied, and that no liability is in- curred, money disbursed or the property of the city and county disposed of contrary to law or ordinance, and shall perform such other duties not inconsistent with the provisions of this charter, as the council may by ordinance require. He shall keep an official record of all demands audited by him showing the number, date, amount, name of the original holder, on what account allowed, against what appropriation drawn, out of what fund payable, and by what officer or depart- ment previously approved; and he shall allow no demand unless the same has been approved by every department, commission or officer required to act thereon. He shall keep a register of warrants showing the funds upon which they are drawn, the number, in whose favor, for what services, and the appropriation applicable to the payment thereof. Demands — How Audited. Section 48. Every demand upon the treasurer, except the salaries of the auditor and his employes, shall before payment, be presented to the auditor, who shall determine that the money is legally due, its payment authorized by law, against what ap- propriation and out of what fund it is payable. If he allow it, he shall endorse upon it the word "allowed," with the name of the fund out of which it is payable, the date of allowance, and sign his name thereto; if he does not allow it, he shall endoi-se upon it the word "rejected." No demand shall be approved or paid unless presented as required by this charter. 39 Bonds, Warrants, Etc. — Cancellation of. Section 49. When bonds, coupons or warrants are paid and redeemed, and such payment reported to the council, the auditor shall certify the same with the numbers and amounts thereof to the maytr, whereupon the mayor, clerk and auditor shall exam- ine such evidences of indebtedness, and if found to be genuine and correct shall make an abstract thereof, mark them, ''can- celed," and deposit them with the clerk, certifying the same to the council, which certification shall be spread at length upon the journal. Reports — June 30th and January 15th. Section 50. The auditor shall make a verified statement to the council showing receipts and disbursements and the condi- tion of each fund at the close of business on June thirtieth, and shall also make and transmit to the council on or before January fifteenth a verified report of the financial transactions of the city and count}^ during the preceding fiscal year. TREASURER. General Duties. Section 51. The treasurer shall receive, receipt for and keep the mone}^ of the city and county and pay out the same only on warrants as herein provided. Duplicate Receipts. Section 52. The treasurer, on receiving any money, except for taxes and assessments, shall make duplicate receipts there for, upon the face of one of which shall appear the word "orig- inal," and upon the face of the other the word "duplicate;" they shall be numbered, dated, specify the amount, on what account, from whom received and into what fund or on what account paid. He shall enter upon the stub of such receipt a memorandum of the contents thereof, and deliver the receipt marked "original" to the i)ayor and that marked "duplicate" to the auditor, who shall stamp thereon the date of its delivery to him, charge the treasury with the amount and file the receipt in his office. Accounts With the Several Funds. Section 53. He shall keep an account with each fund, spe- cial or general, and when a warrant is drawn on any particular fund it shall be paid out of that fund only. Warrants. Section 54. No money shall be paid out by the treasurer for any purpose except upon warrants drawn upon him by the auditor unless otherwise provided by this charter. Each warrant shall be registered by the auditor, countersigned by the head of the department or clerk of the court, respectively, under whom the claim or demand covered by such warrant originated. Each warrant shall show on its face the date of its issue, the date of the order of the council or such officer, to whom and for what 40 purpose issued, and from what fund payable. Every warrant issued as in this charter required, shall when paid be canceled with a punch cutting the word "canceled" therein and the proper entry thereof made. Provided, the treasurer may pay the inter- est and principal on bonded indebtedness including special im- provement bonds as the same become due without a warrant hav- ing previously issued therefor. Reports to Auditor — Monthly and Annually. Section 55. At the beginning of each calendar month, the treasurer shall report the transactions of his office during the pre- vious month to the auditor, showing the amount of money re- ceived, from what source, and on what account, with a list of all city and county warrants, bonds and orders which have been redeemed by him, or paid into the treasury as money due the city and county, which, warrants, bonds, and orders shall accompany his reports for cancellation, which report shall be audited by the auditor and certified by him to the council. The treasurer shall also make an annual report of the transactions of his office on or before the second Monday in January-, and from time to time such other reports as may be required by the council. If the treasurer shall fail to report as provided by this section, he shall forfeit and pay to the city and county the sum of five hundred (|500) dollars for every such failure. Reports to Council — Quarterly. Section 5G. The treasurer shall, on or before the second Monday in January, April, July and October make to the council and auditor a detailed verified statement of all his accounts and the state of each fund, which shall show all moneys received, from what source and for what purpose, and of all moneys paid out, and to whom and for what purpose. A summary of these quarterly reports shall be published by the auditor with the sum- mary of his annual report. Bond — Surety Company — Cost Paid by City. Section 57. The treasurer shall give a bond to the city and county with sufficient sureties, which sureties shall be respon- sible surety companies, to be approved by the mayor and council, in the sum of five hundred thousand dollars, aiad for such ad- ditional sum as the mayor and council shall require, conditioned as required by the general statutes relating to bonds of county treasurers and as may be further required by ordinance, and for paying over to his successor in office all such sums of money be- longing to the city and county as shall be in his hands, and to ac- count for and turn over to his successor all moneys deposited with him for any cause whatsoever, and all city and county prop- erty which may come to his hands. The cost of said bond shall be borne by the city and county, to be audited, allowed and paid out of the treasury as provided for the payment of other general expenses. 41 Bank Depository — Interest on Deposits. Section 58. The treasurer shall, with the approval of the mayor and auditor, select annually, or oftener if necessary, one or more banks or banking institutions in the city and county which will pay the highest interest for the average current de- posit of the city and county funds. Before any such deposit shall be made the bank shall give a bond to the city and county with such conditions and in such sum as may be determined by the mayor, auditor and attornej', but not less than the max- imum amount which shall be on deposit at any time. The sure- ties shall be approved by the mayor, auditor and attorney, and shall be other than the surety on the treasurer's bond. No amount which may be due any depository on account of any evidence of the city and county indebtedness shall be accepted by the treasurer as an offset against his deposit with such bank. A verified quarterly statement shall be made to the mayor and auditor by the president or cashier of such bank, showing the amount of interest paid or to be paid by such bank for the use of the city and county funds, and upon failure to make such report after written demand the bank shall for-f'eit to the city and county the sum of five hundred dollars, and the deposit then remaining in such bank shall immediately be removed and another bank or banks selected as above provided. The surety on such bond shall be a responsible surety company. Other Duties. Section 59. The treasurer shall, in addition to performing the duties her-ein specifically required, perform such other duties not inconsistent with the laws of the state and this charter as the council may by ordinance require. COMMISSIONER OP SUPPLIES. General Duties. Section 60. There shall be a commissioner of supplies ap- pointed by the mayor for a term of four (4) years. He shall have control of the department of supplies. He shall be custo- dian of public buildings and all personal property not in use by the several departments. He shall keep books showing purchases and deliveries to the various departments. He shall, in Decem- ber of each j'ear require an inventory of the property in use by each department. He shall be the purchasing agent of the city and county, and no purchase shall be made nor liability created .for supplies by any other person in the name of the city and county. He is hereby authorized to appoint a deputy commis- sioner of supplies, who may exercise any and all of the powers and duties of the commissioner of supplies, and such other em- ployees, within his approi)riation as may be necessary. Such appointments to be approved by the mayor. 42 Purchases Made on Requisitions — Bids for Supplies, Etc. Section 61. Purchases shall be made only by the commis- sioner of supplies upon requisition signed by the head of the de- partment requiring such supplies, specifying the articles required. The commissioner shall make monthly reports of purchases, at what price, upon whose requisition, and in December of each year shall render to the mayor a complete inventory of all citj and county propert}-, and such I'eports and inventories shall be transmitted by the mayor to the council. He shall, during the month of December in each year advertise ,in the official paper for at least ten days for sealed proposals for furnishing supplies required by the city and county for the ensuing year. All bids shall be made in duplicate and sealed ; one copy filed with the commissioner of supplies, and one copy with the clerk. The right is reserved to reject any and all bids. At the time specified in the notice the bids shall be opened by the commissioner in the presence of the mayor and auditor, the bidders may be present and may inspect all bids. With the approval of the mayor or auditor, the commissioner may award to the lowest responsible and reliable bidder, contracts for furnishing such supplies. The contractor shall give bond approved by the mayor. If during the year supplies not included in the annual con- tracts may be needed, advertisements for bids shall be made for five days; if impracticable to advertise, sealed proposals shall be invited from at least three responsible persons dealing in the articles required, and the bids shall be opened and contracts awarded as hereinbefore provided. Advertising — Daily Paper — Bids. Section 62. Contracts for official advertising shall be let annually in like manner to the lowest responsible bidder pub- lishing a daily newspaper of general circulation in the city and county printed in the English language. All bids may he re- jected and again be advertised for, if so determined by the com- missioner of supplies and either the mayor or auditor. Such ad- vertising shall include the publication of all official notices, or- dinances and other matters required to be published ; and where by this charter or by ordinance, any such publications are re- quired to be made in more than one newspaper, then the official paper shall be one of the newspapers in which such publication shall be made. The commissioner may omit from the contract the publication of the delinquent tax list, but if so omitted, the publication thereof shall be let to the lowest bidder on a separate bidding. INSPECTION. Buildings— Electricity— Plumbing — Fire Wardens — Boilers and Elevators — Market Master — Electrician. Section 63. There shall be a building inspector appointed by the mayor, who shall be an architect or practical builder of not less than five years' experience, whose term of office shall be 43 four (4) years. It shall be his diit}- to inspect all buildings in process of construction or repair, and he shall have the power to inspect all other buildings to ascertain if the ordinances in re- gard to buildings are being complied with, and shall keep a rec- ord of such inspections. In case the ordinances are not being complied with, he shall make a report thereof to the mayor and attorney. It shall be his duty to make all complaints charging violations of the building ordinances. The inspectors of electric wiring and plumbing shall make reports to the building inspector and such reports shall be en- tered of record in his office. It shall be the duty of the fire wardens tO' make prompt re- port to the building inspector in every case where they may find anj^ building or structure in an unsafe or defective condition. Such report shall be entered of record in his office. There shall also be one boiler and elevator inspector, one market master, one electrician, all of whom shall be appointed hj the mayor for the term of four (4) jears. Except as other- wise herein provided, the qualifications, powers, duties and lia- bilities of the officers mentioned in this article shall be as pre- scribed by ordinance; and within their respective appropriations the}' shall have power to appoint such assistants as may be nec- essary, until otherwise changed by ordinance. DEPARTMENT OP FIRE, POLICE AND EXCISE. Board — How Appointed and Removed — Powers. Section 04. There shall be, and hereb}' is created, a fire and police "board, composed of a commissioner of excise, who shall be president of the board, a commissioner of police, and a commis- sioner of fire; each to be appointed hj the maj'or for a term of four (4) years, one of said members to be of different political faith from the other two. Any member of said board may be removed by the mayor for any cause, except political, provided that any charges preferred by the mayor shall be in writing and served on such member at least ten (10) days before the hearing thereon and at the hearing, the mayor shall permit such member to appear in person and by attorney, and within a reasonable time present any defense he may have. The decision of the mayor shall be final. Pending the hearing the mayor shall have power to suspend such commissioner. The board shall have charge and control of the departments of fire, police and excise, except as herein otherwise provided. The board shall appoint a secretary at a salary not exceeding eighteen hundred dollars (|1,S00.00) per year, payable out of the treasury, to keep the records and perform such other duties as may be required by the board. The board may appoint other assistants at salaries not exceeding twelve hundred dollars (|1,200.00) each per year, pay- able out of the api)ropriation at the disposal of the board. The board shall be furnished, at the expense of the city and county, 44 with convenient offices, stationery and all facilities for the per- forniani-e of its dnties as may be by the board deemed requisite. Chief of Police — Duties of Police Force. Section 65. The police force shall be composed of the chief of police and such subordinate officers, policemen and other em- ployes to be appointed by the board as may be necessary to pi-e serye the peace, protect persons and property, and enforce laws and ordinances. The term of office of the chief of police shall be four (4) 3' ears subject to removal at any time by the board; Provided, that any charges preferred shall be in writing and served at least ten (10) days before the hearing thereon; and at the hearing the board shall permit him to appear in person and by attorney, and within a reasonable time present any defense he may have. Pending the hearing, the board shall have power to suspend him. The decision of the board in the premises shall be final. It shall be the duty of the police force to suppress all riots, disturbances and breaches of the peace and apprehend any and all persons in the act of committing any offense against the laws of the state or of the ordinances, and forthwith bring such per- sons before the proper court or other competent authority for examination, and at all times diligently and faithfully enforce all such laws, ordinances and regulations for the preservation of good order and the public welfare as the council may enact, and upon view and reasonable suspicion arrest anj- person or persons who may be guilty of a breach of any of the ordinances or of any crime against the state or the United States. Every officer so authorized to make arrests or to serve process may, in the dis- charge of his duties, enter into all public places and, with or without process, arrest all persons frequenting such places, and regarded by such officer as stispicious characters, and forthwith bring such persons before the proper court, if said court be then in session, and if not, then to convey such persons to the city and county jail until such time as they ca-n be brought before said court, then to deliver them up for trial and examination. The police force shall not permit any prize fight, bull fight, glove contest in the nature of a prize fight, or similar exhibition, and shall enforce all general laws and ordinances suppressing gambling, including lotteries, policy shops, pool rooms, or any other form thereof, and a failure upon the part of the chief of police so to do shall be cause for his removal from office. Chief of Fire Department and Firemen. Section 66. The fire depar-tment shall be composed of a chief of the fire department and such other subordinate officers, firemen and other employes to be appointed by the board as may be necessary to protect the city and county against fire. 45 Exclusive Authority to Expend Appropriation. Section 67. The board shall, in the exercise of its powers, have full, complete and exclusive authority to expend for and on behalf of the city and county, all funds set apart in the an- nual appropriation ordinance for the use of the board, and all appropriations now set apart for its use, and all disbursements by the board shall be authorized by the board at a regular or duly called special meeting thereof. Sites for Stations, Etc. Section 68. The board shall, with the approval of the mayor, make all selections of sites for fire or police stations, patrol boxes, fire hydrants, alarm boxes, etc., and change the location thereof; and, upon the passage of an ordinance authorizing the same, to contract for and purchase all sites for police stations and fire houses and to make contracts and pay for the erection thereof, with the right of condemnation herein provided for. Special Police, Etc. Section 69. The board may appoint such special policemen, patrolmen and watchmen, with or without pay from the city, as it may deem necessary, all of whom shall be subject to the orders of said board and shall be authorized and empowered to do and perform such of the duties of the members of the police force not inconsistent with this act and the ordinances of the city, as may be specified by resolutions of said board. EXCISE. Licenses — By Whom Granted. Section 70. The fire and police board shall have exclusive power to grant, refuse, revoke or suspend any and all licenses; Provided, No license shall be suspended for more than five days nor revoked, except on notice to the holder thereof and a hearing before said board ; nor shall any license be granted to any person or persons, if such person or persons shall have been twice con- victed of violating any of the provisions relating to excise con- tained hei-ein or any ordinance applying to saloons, tippling houses or any other place where spirituous, malt or intoxicating liquors are sold. Licenses — Council Provide for. Section 71. The council shall, by general ordinance, pro- vide what licenses may be granted and upon whom and what imposed, and pres(;ribe the conditions, if any, attaching to the issuance thereof; except as otherwise provided bj this charter. License Collectors — Appointed by Auditor. Section 72. The board shall appoint all officers and assist- ants necessary to perform the duties of the department of ex- cise, except that the officers and assistants necessary for the inspection and collection of all licenses shall be appointed by and 46 be under the supervision of the auditor. Police power is hereby conferred upon such appointees to make arrests for any violation, neglect, or infraction of the charter or ordinances relating to excise. The board shall keep a record of each application for license, setting forth the name of the applicant, his place of business, if any, residence, character of license sought, with term thereof, the recommendation of the board thereon, and if granted, the place, if any, to which the license attaches, the amount i)ayable thereon and the date upon which it expires. License Fees. Section 73. No license or permit shall issue until the fee therefor has been paid to the treasurer, who shall endorse thereon such, payment, and issue his receipt therefor to the auditor, who shall then attest such endorsement. Liquor Licenses — Transfer of — Fee, $10.00. Section 74. All liquor licenses may be transferred by the holder thereof with the approval of the board on the payment of a fee of ten dollars therefor to the treasurer, who shall endorse- upon such transferred license such payment, and issue his re- ceipt therefor to the auditor, who shall then attest such endorse- ment. All other licenses may be transferred upon such condi- tions as may by ordinance be prescribed. Liquor Saloons, Etc. — Petition of Property Owners — Fee, $600.00. Section 75. The council shall, by ordinance, provide for the licensing, taxing and regulating of liquor saloons, dram shops and tippling houses, and the selling or giving away of any spiritu- ous, malt or intoxicating liquors by any person or corporation within the city and county; Provided^ No license for the sale of spirituous, malt or intoxicating liquors in liquor saloons, dram shops or tippling houses shall be granted, except on the petition of the owners of a majority of the real estate within the frontage of the block in which such liquors or any thereof are to be sold. The uniform fee for such licenses shall be six hundred dollars a year, except as herein otherwise provided, and no such license shall be granted for a less term than six months. Sunday and Midnight Closing. Section 76. No liquor saloon, dram shop or tippling house shall be kept open on Sunday, nor between the hours of twelve o'clock at night, and five o'clock in the morning, and all laws of .the state concerning closing upon Sunday and election day shall be in full force and effect in the city and county. Five Hundred Feet from Park or School. Section 77. No license shall issue for the sale of spirituous, malt or intoxicating liquors at any place within five hundred feet of the nearest point of a public park or public school prop- erty, used as such. 47 Wine Room and Women — Not Allowed. Section 78. No liquor saloon, dram shop or tippling house shall have or keep in connection with or as part of such saloon, tippling house or dram shop, any wine room or other place, either with or without doors, curtain or curtains, or screen of any kind, into which any female person shall be permitted to enter from the outside, or from such tippling house or dram shop, and there be supplied with any kind of liquor whatsoever. Penalty for Conducting" Business Without License. Section 79. Any person who, either as principal, clerk, agent, employee or servant, shall sell any spirituous, malt or in- toxicating liquors or conduct any other business for which a license is required by law or by the charter or ordinances with- out first obtaining such license shall be deemed guilty of a mis- demeanor, and, upon conviction, shall be punished by a fine of ten (10) dollars or twenty (20) days' imprisonment or both for the first offense, and a fine of not less than one hundred (lOO) dol- lars or imprisonment of thirty (30) days or both for each sub- sequent offense; and it shall be the duty of all pi^licemeu to enforce the provisions of this section promptly by closing all such places of business as may be open without a license or tem- porary permit conspicuously posted therein, and report :iil such cases immediately to the auditor and to the commissioner of excise who shall cause charges to be made in the pro{)er court against the owner, clerk, agent, employee or servant in charge of said premises. Annexed Municipalities — Liquor Ordinances Remain in Force. Section 80. All laws and ordinances prohibiting or regulat- ing the sale of spirituous, malt or intoxicating liquors in mu- nicipalities annexed to the city of Denver, or consolidated with the city and county of Denver, except in cases where the license fee for the retail sale thereof was lower than at the rate of six hundred dollars a year, shall remain in force as the same existed at the time of such annexation or consolidation. Existing Ordinances Govern Until Chang-ed. Section 81. The existing ordinances regulating the issuing of licenses and the amounts thereof, as the same exist when this charter is adopted, and the general laws of the state regulating the liquor traffic, as far as applicable, shall be in full force and effect, until changed by the council, except as herein otherwise provided. dp:partment of public utilities and works. Board — Appointment and Removal. Section 82. There shall be a board of public works, com- posed of the commissioner of public works, who shall be the president of the board, the engineer, and the commissioner of highways. Such board shall liave charge and conti-ol of all pub 48 lie works and utilities. Tlie members of said board shall each be apointed by the mayor, lor the term of four (4) years, one of w-hom shall be of ditferent political faith from the other two. Any member may be removed by the mayor for any cause, ex- cept political, provided that any charges preferred by the mayor against any member of the board shall be in writing and served on such member at least ten (10) days before the hearing thereon, and at the hearing the mayor shall permit such member to ap- pear in person and by attorney, and, within a- reasonable time, present any defense he maj' have. The decision of the mayor in the premises shall be final. Pending such hearing, the mayor may suspend such member. The board shall appoint a secretary, at a salary not exceeding eighteen hundred dollars (|1,800) per year, payable out of the treasury, to keep the records and per- form such other duties as may be required by the board. The board may appoint other assistants, at salaries not exceeding twelve hundred dollars (|1,200) each per year, the salaries pay- able out of the appropriation at the disposal of the board. The board shall be furnished, at the expense of the city and county, with convenient ofiices, stationery and instruments, and all facil- ities for the performance of its duties as may be, by the board, deemed requisite. General Powers and Duties. Section S3. Except as otherwise provided in this charter, the board of public works shall have exclusive management and con- trol of the construction, reconstruction and maintenance of all public and local improvements, the care, repair and mainte- nance of all streets, alleys and other highways and public places, of all sewers, sidewalks, bridges, viaducts, tunnels and other like structui'es, of all buildings belonging to, and the construc- tion of all buildings for the city and county, except buildings used exclusively for fire or police purposes or for hospitals, of all improvements of Cherry- creek and Platte river, of all excava- tions in the streets, alleys and other highways or public places, the cleaning of streets, the erection, alteration or removal of poles, the location and stringing of wires, laying of tracks, pipes and conduits, whether done by the city and county or other persons, and the full charge and control of all public utilities belonging to the city and county. Additional Powers and Duties. Section 84. The board shall also have exclusive power to lay out, open, change, vacate and establish or change the grades of streets, alleys or other highways or public places, subject to approval by ordinance, and to order, contract for and execute all improvements thereon; to grade all streets, alleys and other highways and public places, and cause or permit lamp posts or other lighting apparatus, signs, awnings and other structures to be erected in or removed from the streets, alleys, highways and other public places, to grant permits for excavations therein or 49 the removal of materials therefrom, to require bonds for dam- ages and the proper replacement of the highway, and to refuse all such i^ermits, when the public interests may require it; pro- vided that the council may by ordinance regulate the granting of all such permits. Boulevards — How Established. Section 85. The board shall also have exclusive power and authority to lay out, establish, regulate and improve boulevards and to adopt rules for the regulation and government of the same, and to prohibit heavy traffic upon such boulevards, and the council shall, by ordinance, upon the recommendation of said board, prohibit and provide for the punishment of, any violation of such rules. Meetings — Pow^er of Board — How Exercised. Section 86, The board shall hold regular meetings on the first Tuesday of each month and may by rule provide for holding special meetings and service of notice of such special meetings. All duties of the president may in his absence from the city and county or in case of his inability to act, be performed by a president 2^^'^ tempore to be elected by the board. No member of the board shall have any authority to act on behalf of the board, except in pursuance of authority conferred at a lawful meeting of said board, and a majority of the board shall con- stitute a quorum for the transaction of business, and no action of the board shall b^ binding, unless authorized by a majority of the members thereof at a regular or duly called special meet- ing. All proceedings of the board shall be recorded by the sec- retary, with a record of the vote of each member, when the vote is not unanimous. All meetings shall be public and the records of the board shall be public records and open to inspection. Contracts — Provisions of. Section 87. The board may, in the letting of contracts, im- pose such conditions upon bidders with regard to bonds and securities, and such guaranties of good faith and responsibility on the part of bidders, for the faithful completion of the work or keejiing the same in repair, and providing for any other ma- terial matter or thing in connection therewith, as may be con- sidered by the board advantageous to the city and county. Exclusive Authority to Expend Appropriations. Section 88. The board shall have full, complete and exclu- sive authority to expend all such sums of money as may be ap- propriated for tlie department from the general revenues, and as may from time to time be realized from the sale of the general bonds of the city and county, if such bonds are authorized and issued under the provisions of this charter, for the purpose, ex- pressed in the ordinance submitting the question of incurring 50 the indebtedness, and the issuance of bonds and to negotiate the soiling of such bonds; also to cause to be issued bonds of the city and county in the construction of local improvements, as in this charter provided; and to expend on behalf of the city and county all such sums of money as may from time to time be realized from the sale of any of such bonds, or realized from special as- sessments for local improvements, except parks and park-ways, and of all appropriations made from the general revenues for the construction of public or local improvements; and shall have the exclusive sale of all bonds mentioned in this section and the exclusive expenditure of the proceeds of such sales. Engineer and Engineering- Department. Section 89. The department of public works shall include a bureau of engineering and surveying under the control and man- agement of the board of public works. The engineer shall be the head thereof and shall devote his entire time to the duties of his oflSce. The board may appoint one chief assistant engineer at a salary of not to exceed twenty-four hundred dollars per year, and in addition to the assistant engineers and inspectors em- ployed on local improvements such assistant engineers and in- spectors, as may be considered necessary by the board, who shall receive salaries to be fixed by the board, not to exceed eighteen hundred dollars per year, payable out of the general appropria- tions at the disposal of said board. Engineer — Duties. Section 90. The engineer shall do all the surveying and engineering of the city and county, and perform such other du- ties as the board may authorize and direct. The board shall have the custody of all plats, maps, records, notes, surveys, papers, files and documents now or heretofore be- longing to the office of the city engineer, the county surveyor, or said board, or pertaining to the surveys of the city and county, and shall deliver the same to its successors in ofiice, including all private memoranda made by the engineer or any of his assistants, relating to the surveys or other engineer's data of the city and county. COMMISSIONER OF HIGHWAYS. General Duties. Section 91. There shall be a bureau of highways, the head of which shall be the commissioner of highways; the commis- sioner shall, under the direction of the board, have general charge, and the care, repair and cleaning of all the streets, alleys, and other highways and public places, and of all bridges, via- ducts, tunnels and sidewalks, and of all work done in the main- tenance and repair thereof, and of such other operations of the department of public works as may be designated by the board. 51 DEPARTMENT OF PARKS. Commissioners — Appointment — No Compensation. Section 92. The park commission shall be composed of five commissioners, who shall be well known for their business ability, probity and public spirit, one of whom shall be president of the commission and appointed as such, and all of whom shall hold their ofiBces for five years from the date of appointment, except that the first appointments shall be made for such respective terms that one of the appointments shall expire each year. The "commissioners shall serve without compensation, except for their actual disbursements, approved by the mayor. One commissioner shall be appointed from each of the park districts, and the presi- dent at large, and each commissioner shall have resided at least two years in his district prior to appointment. Any commis- sioner shall be considered as vacating his office upon the accept- ance of any other public office. Secretary— Salary, $1,500.00. Section 93. The commission may employ a secretary' at a salary not exceeding fifteen hundred dollars (|1,500) jier an- num, i^ayable out of the park fund, who shall keep a record of all proceedings of the commission and have custody of and pre- serve all its records. Offices. Section 94. The commission shall be provided by the city and county with convenient offices, stationery and the facilities necessary for the performance of its duties, as by the commission deemed necessary and advisable. Superintendent of Parks. Section 95. The commission may appoint a superintendent of parks, who shall be a practical landscape gardener, who shall, under the direction of the commission, have active charge, con- trol and direction of all the parks and park-ways of the city and county, and perform such other duties as may be prescribed by the commission, with such other assistants and salaries payable out of the i^ark fund, as may be authorized by the commission, with the approval of the mayor. Meetings — First Tuesday of Each Month. Section 90. The commission shall hold a regular meeting on the first Tuesday of each month, and may by rule provide for special meetings and service of notice thereof, A majority of the members shall constitute a quorum, and no action of the commission shall be binding unless authorized by a majority of the members at a regular or duly called special meeting thereof. Commission and Mayor Expend Appropriation. Section 97. The coiiimissiou shall, with the approval of the mayor, have full, complete and exclusive power and authority to 52 expend for and on behalf of the city and county, all sums of money that may be raised by general taxation for park purposes, and all other sums of money appropriated by the council from the general revenues for the same purposes ; and all moneys that may be realized by the commission from the sale of privileges in or near the parks of the city and county, or realized from the sale of the general bonds of the city and county and set apart for park [>urposes, or from the sale of the park district bonds hereinafter [)rovided for. Reports. Section 98. The fiscal year of the department of parks shall end on the thirty-first day of December of each year, and during the month of January of each year the commission shall make an annual report to the mayor and council of all moneys received and expended in the purchase, improvement arnd maintenance of parks, showing when, Avhere, how and in what manner the same were received and expended, and what improvements have been made during the year preceding the report. General Powers — Licenses, Etc., in Parks. Section 99. The commission shall have exclusive manage- ment and control of all parks and park-ways, and exclusive power to lay out, regulate and improve the same, and to prohibit certain or heavy traffic therein, and to grant or refuse licenses to vend goods on the streets or sidewalks within three hundred feet of any park entrance and on the streets and sidewalks adjoining parks, and the council shall, by ordinance provide for the en- forcement of the rules and orders of the commission in relation thereto. No franchise, license or permit for the construction or main- tenance of any railway shall ever be granted within the limits of any park or lengthwise upon any park-way. Nor shall any franchise for the maintenance of any other special privilege with- in any park be granted. The commission shall have exclusive management and control of the city ditch, and the distribution of water therefrom, within and without the city and county. Building Line Around Parks. Section 100. The commission may establish a building line or lines, determining the distance at which all structures to be erected upon any private premises fronting any park or park-way under the jurisdiction of the commission shall be erected upon such i)remises, and may, in the name of the city and county, pre- vent the erection and require the removal of all structures out- side said lines, and no permit shall be issued authorizing the erection of any structure outside the buildino- line so estaldished. 53 No Park to Be Sold. Section 101. Xo portion of Congress park, or of any other park now belonging to or hereafter acquired by the city and county, shall be sold or leased at any time. Gifts for Parks, Museums, Etc. Section 102. Real or personal property may be granted, be- queathed, devised or conveyed to the city and county for the pur- pose of the improvement or ornamentation of any park, boule- vard, pleasure-way or park-way, or for the establishment or main- tenance therein of museums, zoological or other gardens, collec- tions of natural history, observatories, libraries, monuments or works of art, upon such trusts or conditions as may be approved by the commission and council ; and all such property or the rents, issues and profits thereof shall be subject to the exclusive management and control of the commission. The commission may also provide such accommodations and take such preliminary steps as the moneys at their disposal will justify for the securing and preservation of collections of natural history and the estab- lishment of museums in the parks. Unexpended Appropriations Remain in Fund. Section 103. No moneys levied or appropriated by the coun- cil or b}' this charter for park purposes and remaining unex- pended at the end of any fiscal year, shall be converted into the general fund nor be subject to appropriation for general pur- poses. Additional Powers by Ordinance. Section 104. The commission shall have such additional powers relating to parks and boulevards as maj be prescribed by ordinance. Money Raised by Bonds, Etc., Expended by Commission — One and One-third Mills Tax for Park Fund. Section 105. In case a bonded indelbtedness of the city and county is incurred for the purpose of acquiring lands for parks or park-ways, the proceeds thereof shall be used in acquiring lands in the several park districts herein prescribed, in propor- tion to the assessed valuation of the real estate in each distinct. As a part of the annual levies authorized by this charter, the council shall annually assess and collect upon each dollar of tax- able property within the city and county at least one and one- third mills, the proceeds of which shall be collected in the same manner as other city and county taxes, and when collected shall be set apart and constitute an improvement and maintenance fund for park purposes. All moneys collected as taxes levied for the niaintenanci' and improvement of ])arks and ])ark-ways, shall be expended by the commission as in their judgment the needs of the several park districts retpiire. 54 DEPARTMENT OF HEALTH. Health Commissioner — General Powers. tr^ection lOG. There shall be a health commissioner, who shall be appointed by the mayor and have control of the depart- ment of health, whose term of oflflce shall be four (4) years; he shall be a licensed physician and have been engaged in the prac- tice of medicine in the city and county for at least five (5) years ; he shall appoint such assistants, within his appropriation, as may be required. He shall have control of the city and county hospitals, the Steele Memorial hospital, and shall provide, maintain and have charge of a morgue. He shall attend the sick in jails, houses of detention, and care for and direct the admission and discharge of patients at the city and county farm. He shall have the san- itary supervision of all institutions of the city and county, in- cluding jails, houses of detention, schoolhouses and public build- ings; of the disposition of the dead; of the plumbing and drain- age and sewerage of buildings ; of markets and of all matters pertaining to the preservation and protection of the lives and health of the people. He shall, at least quarterly, visit every in- stitution in the city and county, private or public, maintained for the care of the sick, injured, indigent, insane or minors. He shall have control of the removal and disposition of all garbage, offal and other offensive substances, and may enter into such time contracts for the removal and disposition of the same as in his judgment he may deem to be to the best interest of the city and county and to the health and comfort of the inhabitants of the same. Pow^er to Enter Dwellings, Etc. Section 107. Upon probable cause, supported by oath or aflSrmation, a warrant may be issued by any justice of the peace authorizing the health commissioner to enter into any dwelling. He may enter upon any other premises in the day time without such warrant and in the exercise of his duties of office may com- mand the services of the police. Medical Advisory Commission. Section lOS. The health commissioner shall appoint two (2) licensed physicians, who shall serve without compensation, and who shall act with him as a medical advisory commission. The commission shall define the duties of the physician and surgeons of the visiting staff of the hospitals and similar institutions of the city and county. Visiting Staff. Section 109. The members of the visiting staff shall be ap- pointed by the medical advisory commission annually, removed only for cause, be eligible to reappointment and serve without compensation. 55 Physicians — Emerg-ency Wards, Etc. Section 110. The city and county physicians shall be ap- pointed by the health commissioner, have charge of the receiving and emergency wards and hospitals and perform such other duties as may be prescribed by the health commissioner. The resident physicians in the hospitals of the city and county shall be appointed by the health commissioner, and serve without compensation, other than board and lodging during their term of service. Steele Memorial Hospital. Section 111. The council shall provide for the maintenance, enlargement and improvement of the Steele Memorial hospital for contagious diseases of children, and provide accommodation for the care of persons with contagious diseases, who are re- quired to be removed thereto or who are able to pay a proper compensation. Records — Reports, Etc. Section 112. The health commissioner shall keep a record of the work done in the institutions under his control, collecting and preserving such statistical information relating to his de- partment, as may aid the advancement of science, and publish reports of the same. DEPARTMENT OP CHARITY AND CORRECTION. Commission — Appointment — Employees. Section 113. There shall be a commission of charity and correction consisting of three members, appointed by the mayor for the term of two (2) years. The commission shall have control of the department of charity and correction and shall serve with- out compensation. The commission may appoint a secretary and such other employes as may be necessary, with the approval of the mayor, and whose compensation shall be provided by ordi- nance. General Powers. Section 114. The commission shall have charge of all char- itable work done by the city and county; have charge of the city and county farm, of the detention school, and may establish and have charge of a municipal lodging house, and shall make and enforce rules for the government of said institutions. They shall perform such other duties, not inconsistent with the general laws of the state and the provisions of this charter, as the coun- cil may, by ordinance, require; Provided, however, Nothing here- in shall be construed to prevent the council from making appro- priations to charitable organizations, to be administered by them. 56 Superintendent — City and County Farm. Section 115. The commission shall appoint the superintend- ent of the city and county farm, with the approval of the mayor. Visitation of Charitable Institutions, Jails, Hospitals, Etc. Section 116. The commission shall visit all charitable insti- tutions, all jails and all institutions of the city and county where sick, insane, destitute or other persons are confined, and may cause any person convicted of violating any law or ordinance, and who is confined or on parole, to be examined as to the causes contributing to the delinquency; a record of such examinations to be made and kept. Examination of Management of Charitable Institutions. Section 117. The commission shall keep advised as to the management of all institutions receiving public money, and is empowered to enter and examine into the management of any charitable institution, public or private, at any reasonable hour. Farm, Hospitals — Visitation of. Section 118. The commission shall visit the ••ity and county farm at least once each month; shall visit tlie city and county hospitals and may recommend to the mayor any change in man- agement deemed advisable. Records. Section 119. A record of all proceedings of the ( ommissioii, recommendations made regarding any institution, re[)orts of ia- vestigations of hospitals and similar institutions and a record of each case of relief afforded, an.i ^uch otlier records as may be ordered by the commission, shall be kept by the secretary. Detention School — Children Under Fourteen Not to Be Sent to Jail. Section 120. There shall be established and maintained a detention school, not connected with any jail, which shall be in charge of a superintendent. The superintendent shall be ap- pointed by the juvenile court (county court) of the city and county, provided such appointment must be first submitted to the commission for its approval as to the qualification of the appointee. It shall be the duty of the commission to approve or disapprove such appointment within thirty days after the sub- mission thereof; such appointment shall be considered approved in case the commission shall fail within said time to take any action thereon. The superintendent must be qualified to instruct and teach children in branches of education similar to those of the public schools of the city and county. Such school shall be supplied with all necessary teachers, help and convenient fa- cilities for the care of inmates thereof. The employes thereof shall be appointed in like manner as the superintendent. Chil- dren under sixteen years of age, arrested for any cause, may, by order of the juvenile court, unless otherwise provided by the 57 juvenile court act, be held in the detention school until final judgment. They shall receive schooling and professional services when required. No child fourteen years of age or under shall be incarcerated in any common jail or lock-up. The superintendent shall keep a record of such children and such other information as may be required by the juvenile court (the county court) of the city and county, or the commission. ART. Conunission — Appointment — Term, Six Years — Vacancies. Section 121. There shall be an art commission appointed by the mayor, who shall be ex-officio a member of said commission. The commission shall consist of six members, of whom two shall be professional artists, one of w^hom shall be a sculptor, and such two members shall be appointed from lists of names pre- pared and submitted by "The Artists Club" or "'The Municipal Art League^' of Denver, and one member shall be a professional architect; the others shall not be persons pursuing the profession of art or architecture. The first appointments shall provide two membei'S for a term of six years, two members for a term of four years, and two members for a term of two years ; and there- after two appointments for the term of six years shall be made biennially. Vacancies shall be filled by the maj'or. General Powers. Section 122. The commission shall have control of all mat- ters of art pertaining to the city and county, and advise the mayor and council with relation thereto, and serve without com- pensation. No work of art shall become the property of the city and county, or subject to its control, unless such work or the design for the same, together with a statement of its proposed location, shall have been approved by the commission. No such work of art shall be removed, re-located or altered, except with the ap- proval of the commission. No member of the commission Shall receive payment from the city and county for the design or execution of any work of art. "Work of Art"— Definition. Section 123. The term ''work of art" shall include all paint- ings, stained glass windows, mural decorations, statutes, bas- relief, seals, medals, sculptures, monuments, fountains, arches, ornamental gateways and other structures of a permanent char- acter intended for ornament or commemoration. "Work of Art" — Must Be Approved by Commission. Section 124. No contract or order for the execution of any work of art for said city and county shall be made until sub mitted to the commission and its approval secured. 58 LIBRARIES. Commission — Appointment — Term, Eight Years — Two Women. Sc'ttiou 1L*5, There shall be a library commission, consisting of eight members, who shall serve without compensation. The present board of directors of the public library of the city of Denver, together with two women to be appointed by the mayor, shall constitute said commission. As soon as constituted, the commission shall divide by lot into four classes to hold office for two. four, six and eight years, respectively. At the end of two years and every alternate year thereafter, the mayor shall ap- point two persons to serve for a term of eight years. There shall always be two women on the commission. General Powers. Section 126. The commission shall have exclusive control of the public library, branches thereof and reading rooms, of all mone}' appropriated therefor, of all property or money otherwise acquired for such purposes, of the acquisition by purchase, con- struction, or lease, of grounds and buildings for such purposes; of the administration of gifts and trusts, and power to do any and all things necessary or expedient in connection with library purposes. Anniial Appropriation, $30,000.00. Section 127. The council shall annually appropriate not less than thirty thousand dollars for the maintenance of the public library. Open Shelf System. Section 128. The library and its branches shall, as far as practicable, be conducted upon the open shelf system. North Side Reading Room and South Platte Library. Section 129. The North Side reading room and the South Platte library, when transferred to the city and county, shall be maintained as reading rooms, and the commission shall estab- lish such branch libraries, reading rooms and delivery stations as may be expedient. Reports — Annual. Section 130. The commission shall make an annual report to the mayor, stating the condition of its trust, the various sums of money received from the library fund and other sources, and for what purposes such sums of money have been expended; the numl)er of books and periodicals on hand, the number added by purchase or gift, the number lost or number of visitors, and such other information as may be deemed of general interest. 59 ARTICLE IV. JUDICIAL DEPARTMENT. COUNTY COURT. Two Judges. Sectioni 131. The county court of the city and county shall consist of two judges, who shall have the qualifications required by the constitution and general laws of district judges. Jurisdiction. Section 132. The jurisdiction of the county court shall be as prescribed for county courts by the constitution and general laws and as prescribed by the charter. Clerks, Divisions, Etc. Section 133. Judges of the county court shall appoint a clerk and such deputy clerks as may be required in accordance with general law unless otherwise prescribed by ordinance, and such probation oflScers as may be required by general law. In case of any disagreement between the judges as to the appoint- ment of the clerk as in this section provided, then the judge who is senior in point of service as such judge shall control and make such appointment. As to other subordinate officers, including pro- bation officers, in case of a disagreement the appointments shall be divided as near as practicable equally between the judges. Each judge shall appoint his stenographer, bailiff and division clerk. Court Sitting- En Banc — Powers. Section 134. The judges may sit en 'banc at such times as they may determine for the purpose of making rules of court, the appointment of the clerk, the approval of the appointment of deputies other than division clerks, the approval of official bonds and such like ministerial duties, but for no other purpose what- ever; and the court so sitting en banc shall have no power to re- view any order, decision or proceeding of the court held by either judge sitting separately. Presiding Judge. Section 135. While sitting en banc one of the judges shall act as presiding judge, and at the first term the judge oldest in office shall act as presiding judge; at the next succeeding term the other judge shall act, and thereafter they shall preside at the several succeeding terms alternately and in regular rotation, each during the period from the commencement of one term to the commencement of the next succeeding term. But the court may at any time change the rule of presiding as its convenience may require. Hules — General and Special. Section 136. In addition to the ordinary power of making rules, such court sitting en banc may make all rules which its 60 poeuliar oi-oanization may require different from the ordinary I'ourse of practice and necessary to facilitate the transaction of business in the courts held by the judges sitting separately, and nmy by rule provide for the classification, arrangement and dis tribution of the business of the court between the judges thereof, and each shall attend to the business of the court so assigned, and when not occupied by the business assigned to him, shall, so far as practicable, aid the other judge, to which end cases may be sent from one judge to another, as the judges may agree and direct; Provided, That all rules for the government of the court held by the judges sitting separately shall be the same for each of the judges. Records. Section 137. The clerk of said county court shall keep one record, in which shall be recorded only the proceedings of said court en hanc. The judges sitting separately shall cause such minutes of their proceedings to be kept as may be deemed neces- sary or expedient; but nothing in this act shall be construed to authorize any change in the manner of keeping the record of the court in civil actions, such as the register of actions, the judg- ment book, the judgment docket and the like, and there shall be only one set of such books kept for said court. Jurors. Section 138. Jurors may be summoned and empaneled for each of the judges sitting separately as though each were the sole court. The court shall be divided into two di\isions, and in the docketing of cases all odd numbers shall belong to Division One, and all even numbers to Division Two, unless otherwise hereafter by ordinance provided. Terms of OflSce — Election — Vacancy. Section 139. At the next city and county election two judges shall be elected, one of whom shall be for the short term. The judge elected for the short term shall, within thirty days after his election, duly qualify and enter upon the duties of his oflSce, and shall hold such office until the second Monday of Jan- uary, 1907, and until his successor is duly elected and qualified; and the judge elected for the long term shall enter upon the duties of his oflQce on the second Tuesday of January, 1905, and hold office for the term of four (4) years, and until his successor is duly elected and qualified; and except as otherwise herein provided, the judges of the county court shall be elected one every two years and each for the term of four years, and said judges shall be elected at the same time and manner as other officers of the city and county, and at the general city and county election next preceding the expiration of the respective terms of office of the judges in office. In case of a vacancy occurring, from any cause, the mayor, by and with the consent of the board of supervisors, shall appoint a person, possessing the qualifications 61 herein provided for count}' judges, to act as such judge until his successor is duly elected and qualified, and at the general city and county election next following such vacancy a judge shall be elected to hold office until the end of the unexpired term, provided such vacancy occurs more than forty-five days before such elec- tion. Reports to Mayor — Annual — February 1st. Section 140. On or before the first day of February in each year, the clerk shall make a report to the mayor for the preceding fiscal year, giving the following information as to probate, ju- venile, civil and criminal business of said courts, separately ar- ranged ; the number of cases appealed to and commenced in said courts, the trial docket number of all cases appealed to and commenced in and pending in said courts, number of judgments rendered, what appeals have been taken therefrom and to what courts, the amount of fees, costs, fines, penalties and forfeitures imposed and the amount thereof collected, and such other infor- mation as the mayor or council may require. MUNICIPAL AND JUSTICE COURTS. Creation of — Judge, Term of Office — Appointed by Mayor — Qual- ifications — Vacancy — Three Justices . Section 141. 1. A Municipal Court of the City and County of Denver is hereby created and established, and shall be pre- sided over by a Municipal Judge, whose term of office shall be for four years or until his successor shall be appointed and qual- ified. The Municipal Judge shall be appointed by the M'ayor of the City and County of Denver upon the adoption of this amend- ment. The Municipal Judge shall be a duly licensed attorne}' and a qualified elector of the City and County of Denver. In case a vacancy shall occur in such office, it shall be filled for the unexpired term by appointment by the Mayor. In case of absence from the city and county or inability of such Municipal Judge to act, the Mayor shall call in a justice of the peace of said city and county to act in said Judge's stead, and who shall have and possess the powers and jurisdiction of said Municipal Judge while so acting. The justices' courts of the city and county shall consist of three justices of the peace, and no person shall be eligible to said office unless he shall have been for three years preceding his elec- tion duly qualified to practice as attorney and counsellor at law in all the courts of this state. Except as herein otherwise pro- vided, the terms of office of said justices shall be for two years. Jurisdiction — Oath, Etc. 2. The Municipal Court shall have exclusive original juris- diction of all cases arising under the Charter and Ordinances of the City and County of Denver, the ])Ower to carry the same into effect bj- the imposition of such fines and penalties as may 62 be thereby provided, to compel the attendance of witnesses, and to pnnisli for contempt by fine not to exceed twenty-five dollars. The said Municipal Judge shall take oath of ofQce as provided in Section 151 of the Charter, and shall give bond to the City and County of Denver in the sum of five thousand dollars, conditioned for the faithful performance of his duties as Municipal Judge, which bond shall be approved by the Mayor. Make Rules. 3. The Municipal Judge shall have full power and authority to make and adopt rules and regulations for conducting the business of said Municipal Court. Daily Sessions Except. 1. The Municipal Judge shall hold regular sessions of his court every day, Sundays and legal holidays excepted, for the trial of cases, and shall hear and determine complaints for the violation of any city ordinance where there is probable cause to believe that an offense has been committed. Appeals. 5. Until changed by ordinance, the procedure relating to appeals prescribed in Section 4971 of the Revised Statutes of Colorado of 1908, shall, so far as applicable, govern the said Municipal Court and appeals therefrom. Clerk, Bailiff, Etc. — Powers and Duties of — Oath, Bond, Etc. 6. The Municipal Judge shall appoint a clerk, bailiff, and such assistants as may be provided by ordinance. The duties of the clerk shall be to keep a register of the actions in said court and a record of the proceedings in each case, including all fees and money collected, an index thereof, and prepai^e a docket for said Court, in which the judgments in each case shall be noted by the Judge thereof. The said clerk shall have power to ad- minister oaths and affirmations, which he shall do when requested in all matters in said Municipal Court, and shall issue all Avrits, summons, and executions in all cases brought for the violation of provisions of the Charter or Ordinances, collect all fees, fines, pen- alties and costs, and when requested shall prepare all avrits and other papers pertaining to the business of said Court. Upon the filing of a verified complaint, said clerk shall issue a summons or warrant, fixing the return day thereof at a date not earlier than the next session of said Court and not later than three days after the service of the same. Said clerk shall take oath of office as is provided in Section 151 of the Charter, and shall give a bond in the sum of five thousand dollars to the city and county, conditioned for the faithful performance of his duties and the paying over of all moneys, fees, fines, and penalties collected by him, and shall perfor-m such other duties as shall be imposed by ordinance. 63 The bailiff of said Court shall attend upon the same, preserve order therein, serve all warrants, summons, executions and other papers issued by said Court, and perform such other duties as may be required by the Municipal Judge and by ordinance, and shall execute a bond to the city and county in the sum of two thousand dollars, conditioned for the faithful performance of his duties as such bailiff. Any and all process issued out of said Court may be served both by the bailiff of said Court and any acting police officer of said Citj' and county. Salaries. 7. The salary of the Municipal Judge shall be twenty-five hundred dollars per annum, and .the clerk and bailiff of said Court shall each receive such salary as is now or may be provided by ordinance. Takes Effect. 8. This amendment shall take effect on the first day of June after its adoption. Sections 142 to 148, Inclusive — Repealed. 9. Sections 142 to 148, inclusive, of the Charter of the city and county are her-eby repealed. (New section adopted May 17, 1910.) ARTICLE V. OFFICERS AND SALARIES. Qualifications of Elective Officers. Section 149. Except as herein otherwise provided, Avhen elected, officers must not be less than twenty-five years old, and citizens of the United States for five years, and all officers, in addition to other qualifications required, must be electors) of the city and countv'. Boards — Commissions — Heads of Departments — Qualifications — Appointments. Section 150. Except as otherwise provided, boards, commis- sions and heads of departments shall be apointed b}' the mayor, and shall possess the same qualifications required of elective officers by the preceding section, and hold office during his pleasure. Oath of Office. Section 151. Before entering upon the duties of his office, every officer elected or appointed shall take and subscribe before a judge of a court of record, and file with the clerk of the city and county, an oath or affirmation that he will support the con- stitution of the United States and of the state of Colorado, the charter and ordinances of the city and county, and will fnitlifully perform the duties of the office upon which he is about to enter. 64 Bonds of Officers. Section 152'. The following named oflflcers shall each give an official bond, with good and sufficient surety, to be approved by the mayor, conditioned among other things for the faithful performance of each and all of the duties of their respective offices, without fraud, deceit or oppression, and the accounting for all moneys and propei-ty' coming into their hands and the prompt and faithful payment of all moneys, and the delivering up of all property coming into their custody, to their successors in office, possession or control belonging to the city and county. The penalties in the bonds required by this section; shall be as follows: For auditor, engineer, commissioner of supplies, building inspector, assessor, sheriff, clerk of county court, each count3' judge, ten thousand dollars; clerk, recorder, each mem- ber of the fire and police board, each member of the board of public wiorks, five thousand dollars; coroner, two thousand dol- lar's; county superintendent of schools, one thousand dollars. The council shall have power by ordinance to impose additional conditions in said bonds, or to change the amount of the pen- alties; Provided, hotvever^ That the amount of the penalty in each bond shall not be less than in this section provided. Except as othei'Avise herein provided, official bonds shall be given by such other officers and employes, in such amounts and so conditioned, as may be provided by law or by ordinance; and until so pro- vided, such official bonds shall be so conditioned, and in such amounts as the mayor, auditor and treasurer may require. Salaries of Officers — Employees — Definition. Section 153. The following annual salaries shall be paid to officers named in the various departments: Mayor, six thou- sand dollars; attorney, assessor, each four thousand six hun- dred dollars; county judge, auditor, treasurer, sheriff, engineer, four thousand six hundred dollars; president of the board of public works, commissioner of health, four thousand dollars; recorder, three thousand six hundred dollars; clerk, commis- sioner of highways, commissioner of excise, clerk of the county court, chief of police, chief of the fire department, commissioner of supplies, three thousand dollars; under sheriff, first assistant attorney, electrician, building inspector, commissioner of police, commissioner of fire, two thousand five hundred dollars; each justice of the peace, and each county court stenographer, two thousand dollars; second assistant attorney, boiler and elevator inspector, superintendent of street sprinkling, eighteen hundred dollars; each constable, third assistant attorney, president of the board of supervisors, fifteen hundred dollars; each clerk of jus- tice of the peace, each deputy constable, attorney's stenogi'apher, each supervisor, president of the board of aldermen, "market master, twelve hundred dollars; each alderman, each election commissioner, one thousand dollars; coroner, county superintend- ent of schools, nine hundred dollars. 65 The members of the police department shall each receive the following- annual salary : Captain of detectives, eightet^n hun- dred dollars; police captains, fifteen hundred dollars; police and desk sergeants, roundsman with rank of sergeant, custodian of stolen goods, twelve hundred and sixty dollars; detectives, police surgeons, twelve hundred dollars; jailors, eleven hundred forty dollars; patrolmen, ambulance drivers, patrol wagon drivers, po- lice operators, ten hundred twenty dollars. The number of pa- trolmen shall not be less than one hundred and twenty-five nor shall there be more patrolmen at any time than one for every one thousand population as shown by the last preceding Ignited States census. The members of the fire department shall each receive the following annual salary: Assistant chiefs, chief's secretary, fifteen hundred dollars; captains, twelve hundred dol- lar; engineers, machinists, eleven hundred forty dollars; lieu- tenants, ten hundred eight}' dollars; assistant engineers, ten hundred fifty dollars; hosemen, laddermen, drivers, operators, fire wardens, assistant machinists, ten hundred twenty dollars. -^ All i>ersons in the employ of the city and county, or any of the departments thereof, whose salai'y or compensation is not fixed by this charter, are hereby declared to be employes, and except as herein otherwise provided the council shall, by ordi- nance, provide for their compensation and for the terms, condi- tions and duties of their respective employment; and until such compensation has been fixed by ordinance, as aforesaid, the same shall remain as now pro\ided by the general statutes or the ordi- nances. Takes Effect — Salary of Firemen and Policemen — Grades — De« tective Office Abolished — Who Perform Duties, Etc. Section 153-a. On and after January 1st, A, D. 1911, the fire department shall consist of the following otficers and members, who shall respectively receive the following annual salaries: Chief of the fii*© department, three thousand six hundred dollars ; deputy chief, two thousand four hundred dollars; assistant chiefs, two thousand one hundred dollars; superintendent of fire alarm, secretary of fire departments, one thousand eight hundred dol- lars; captains, assistant superintendent of fire alarm, and ma- chinists, one thousand three hundred and eight}- dollars; lieuten- ants, engineers, one thousand two hundred and sixty dollars; assistant engineers, one thousand one hundred and seventy dol- hirs; carpenters, fire wardens, linemen, operators, firemen of the first grade, one thousand one hundred and forty dollars; firemen of the second grade, one thousand and eighty dollars; firemen of the third grade, one thousand and twenty dollars; firemen of the fourth grade, nine hundred and sixty dollars. On and after January 1st, A. D. 1911, the police department shall consist of the following officers and members who shall re- spectively receive the following annual salaries: Chief of j)olice, three tlumsand six hundred dollars; deputy chief, two thousand 66 four hundred dollai*s; captainsi of police, two thousand one hun- dl-ed dk)nai-s; street sergeants, desk sergeants, jailers, custodian of stolen goods, police surgeons, one thousand three hundred and eighty dollars; patrolmen of the first grade, operators, one thou- siind one hundred and forty dollars; patrolmen of the second grade, one thousand and eighty dollars; patrolmen of the third grade, ma,ti'on, one thousand and twenty dollars; patrolmen of the fourth grade, nine hundred and sixty dollars. A fireman or patrolman of the fourth grade shall be one who has served for less than one year. A fireman or patrolman of the third grade shall be one who has served for one year or more, and less than two years. A fireman or patrolman of the second grade shall be one who has served for two years or more, and less than thi'ee years. A fireman or patrolman of the first grade shall be one who has served for three years or more. Upon the adoption of thds amendment, the office of detective as such shall be, and the same is hereby abolished. The chief of police shall assign the deputy chief, or a police captain, to have charge of all detective work under the general supervision of the chief of police. The chief of police shall, at such times as he may see fit, designate patrolmen to perform detective work under the orders of the officer assigned to have charge of such work, each of which such patrolmen shall, so long as thus engaged, receive the sum of one hundred and ten dollars per month. All persons who at the time of the adoption of this amendment are occupy- ing the office of detective shall thereupon become patrolmen. Any provision of the charter in conflict herewith or any part hereof and i)articularly any portion of Section 153 which creates or provides for any officer or member of the fire or police departments other than named herein, shall be. and the same is lierebj^ repealed. (New section adopted May 17, 1910.) Boards, Etc. — Assistants — Hov7 Employed. Section 154. Heads of all departments, boards and commis- sions shall, within their respective appropriations, employ such otlier av.sistants as may be needed, and pay such reasonable sal- aries as tliey may determine. Officers — Boards' and Commissions' Records Public. Section 155. All officers, boards and commissions in addi- tion to their spe<'ified duties, shall render such other service as may be required by ordinance. All boards and commissions shall keep a record of their proceedings, their meetings, and all their official documents, and records shall be public. Officers Who Perform Duties of County Officers. Section 150. Except as otherwise herein provided, the offi- cers who shall respectively perform the acts and duties required of county officers to be done by the constitution and the general 07 laws, in all cases not specifically provided for, so far as appli- cable, sliall be as folloAvs: The county judges shall perform the ajct's and duties required of county judges; justices of the peace, the acts and duties required of justices of the peace; constables and deputy constables, the acts and duties required of constables; the engineer, the acts and duties required of county surveyor; the board of supervisors, the acts and duties required of boards of county commissioners; the board of supervisors shall act as a board of equalization and perform the acts and duties re- quired of a board of county commissioners when sitting as a board of equalization ; the assessor, the acts and duties refjuired of county assessors ; the treasurer, the acts and duties of a county treasurer; the sheritf, the acts and) duties required of sheriff; under-sheriffs, the acts and duties required of under-sheriff's; deputy' sheriffs, the acts and duties required of deputy sheriffs; recorder, tlie acts and duties required of county clerk as ex- officio recorder; the coroner, the acts and duties required of cor- oner; the election commission, the acts and duties required of a board of county commissioners, county clerks and justices of the peace in all matters pertaining to registration and elections. In case no officer has been specially mentioned to perform the duties of any county officer, or in case any new county office ia created, then such office shall be filled by appointment by tlie mayor, who shall appoint thereto some official of the cit}' and counts', who shall thereafter perform the acts and duties re- quii-ed by the constitution or by the general laws to be done by such county officer. Conservators of the Peace. Section 157. The mayor, members of the council and all members of the fire and police board, are hereby made con- servators of the peace and are autliorized to make arrests, either with or without process, of any offender against the laws of the state or the ordinances of the city and county, and with all the powers herein conferred upon the chief of police. Health Officers Have Police Power. Section 158. The health commissioner and all health in- spectors, and such persons as are detailed to have charge of the city and county dumps, in the line of their respective duties, shall have the same powers as policemen. Fees — Collection — Payment to Treasurer. Section 159. All fees and com}:^nstation of any kind allowed to count}' officers by law shall be colleirted by the officers desig- niated to i)erform the acts and duties required of county officers and paid to the treasurer as in the charter provided, and no offi cer shall be paid any fee or compensation beyond that fixed by the charter. 68 OflBcers Deliver Books, Etc., to Successor, Section 100. Officers shall deliver all books, records and pi'operty belonjjing to tlie city and county; to their successors in office, who shall give duplicaite recedpts therefor, one of which shall be filed with the auditor. Appointive Officers and Employees Must Pay for Family Necessi- ties. Section IGl, Every appointive officer and employe under the city and count}- government shall be required to pay, with rea- sonable promptness, his debts and liabilities incuii'ed after his employment for all family necessities, including the ordinary necessary expenses of daily life; and if any such officer or employe shall fail or refuse so to do, after reasonable notice from the head of his department, every such officer or employe so in de- fault shall be removed and dismissed from the public ser\ice. Policemen and Firemen — Temporary Disability — Full Pay. Section 102. All members of the police and fire department shall be enfitled to and shall receive full pay for such time as they may be temporarily incapacitated from service, on account of injiu-ies received or sickness contracted while in the perfomi- ance of their duties as members of said department, said allow- ance or pay to be approved by the chief of said department and the proper examining physician, they shall also be entitled to a vacation of fifteen days each year with full pay during such time. IMPEACHMENT AND REMOVAL FROM OFFICE. Impeachment. Section 103. The mayor may present to the board of alder- mien charges for impeachment against any elective officer, and said board, by a three-fourths vote, may prefer articles of im- peachment against such elective officer. The board of aldermen, by a three-fourths vote, may prefer articles of impeachment against the mayor or any other elective officer. Impeachments — Trial of. Section 104. All impeachments, except against members of the board of supervisors, shall be tried by the board of super- visors, and at such trial one of the judges of the county court shall preside and determine all questions of law. All questions of fact shall be determined by the board of supervisors, but said cxmnty judge shall not have|a vote in determining any question of fact. The board of supervisors shall determine the guilt or iniio(-ence of the accused', but there shall be uo conviction upon the charges set forth in the articles of impeachment unless five of the members of the board of supervisors vote for such convic- tion, in which case their decision shall be final. All impeachments against members of the board of super visors shall be tried by the county court. All questions of fact 69 in any such inipeachnient case shall be determined by a jury of twelve free holders, and the decision of the court shall be final. The attorney shall prosecute articles of impeachment, but the board' of supervisors shall have power to employ other or additional counsel. Impeachment of Elective Officers. Section 165. Elective officers may be impeached only for high crimes, malfeasance, ov corrupt practices in office, but juilg- ment in such case shall only extend to removal from office and disqualification to hold any office of honor, trust or profit in the city and county. Such officers, whether acquitted or con- victed, shall, nevertheless, be liable to prosecution, trial, judg- ment and punishment according to law. ARTICLE VI. ELECTIONS. General Election — Third Tuesday in May. Section 166. A general city and county election shall be held in the various precincts in the city and county of Denver on the third' Tuesday in May, A. D. 1904, and every two years there- after, by the qualified electors thereof. Elective Officers. Section 167. At the first city and county election there shall be elected a mayor, sheriff, auditor, assessor, treasurer, clerk, recorder, coroner, county superintendent of schools, two judges of tlie county court, sixteen aldermen, seven supervisors, three justices of the peace, three constables. Term of Office — Four Years, Exceptions. Section 168. The term of all. elective officers, except as otherwise provided herein, shall commence on the first secular day of June following their election, and, except as otherwise provided herein, shall be four years and until their successors are elected and qualified. ELECTION COMMISSION. Who Constitute. Section 169. A temporary election commission is hereby created, and Francis F. Graves, Edward C Soetje and Harry C. Riddle are hereby named to serve as commissioners thereof until their successors, who shall be elected at the election to be held hereunder in May, A. D. 1906, qualify. Election of. Sof;tion 170. At the second general city and county election held hereunder for the election of officers, there shall be elected three persons possessing the qualifications herein mentioned, who shall constitute an election commission. 70 Qualifications. Swtioii 171. At the time of Ms election or appointment, each commissioner shall be at least twenty -five years of age, a duly qualified elector and tax payer in and for the city and county, and have been a citizen of the United States for at least five years. Candidate on One Ticket Only — Only Two Candidates on Any> Ticket. Section 172. Persons possessing the qualifications herein mentioned may be nominated for the office of election commis- sioner in the same manner as is prescribed by general law for the Domination of candidates for other city and county offices; Provided, hoioever, the same person shall not be placed as a can- didate upon more than one ticket, nor shall there be more than two c^nndidates for the said office upon any one ticket. The three persons receiving the greatest number of votes shall be the elec- tion commissioners. Vacancy — Appointment — Nomination by Chairman of Party. Section 173. Should the office of any election commissioner become vacant, the mayor shall forthwith fill such vacancy by appointing to said office such person as shall be nominated by the chairman representing the political party, or the person rep- resenting the ticket, of which the commissioner whose office be- comes vacant was at the time of his election or appointment a representative. ■ Each Member May Appoint One Judge of Election in Each Pre- cinct. Section 174. Each member of said commission shall have the right and power, and it shall be his duty, to appoint annual- ly one of the three election judges in each precinct; Provided, hotcever, that one of the said judges shall be of different politi- cal faith from either of the other two ; all of whom shall be qual- ified electors of the precinct. The judges of election in each precinct, to be appointed as aforesaid, shall be over the age of twenty-five (25) years, and said judges of each election precinct shall appoint two clerks for each election, but such clerks shall not both be of the same po- litical faith. The conduct, management and control of the reg- istration of voters, and of the holding of elections, canvassing the returns thereof and issuing certificates of election, and of all other matters pertaining to elections in the city and county, shall be vested exclusively in and exercised by the' election com- mission, Avhich shall perform all the duties, joint, several or otherwise of city and county officers or employes required to be done by the constitution or by general law in relation thereto, and the action of the commission on all questions passed upon by it shall be final ; Provided, however, at the first election here- under the said temporary commission mav use as its registration 71 of voters the permanent registration prepared by tlie clerk, who shall deliver to said election commission such permanent regis- tration records, ballot boxes, registration and election blanks and stationery in his custody not later than tAventy days after the day of election for the charter, in case the same shall be adopted. Primary Elections. Section 175. The temporary election commission named herein shall have full power to make and enforce rules for the management and conduct of primary elections and shall upon written request of either side of any controversy growing out of primary elections hear and determine such controversy. Canvass of Returns. Section 17G. The election commission shall meet within five days after every election and canvass the returns thereof, and forthwith issue a certificate of election to the persons entitled thereto. All meetings of the election commission shall be open to the public. Tie Vote — Cast Lots. Section 177. If the election of any officer or officers shall fail, in consequence of a tie vote between two or more persons for the same office, the election commission shall cast lots among those persons having a tie vote, in such manner as they shall firs^.. prescribe by resolution, and the person who shall be successful according to the terms of such resolution, in the casting of such lots, shall be declared elected. General Law Govern. Section 178. The general law concerning elections, including that in relation to the qualification of electors, registration of voters, the nomination of candidates, calling and conduct of elec- tions, the form of ballots therefor, canvassing of the returns thereof, issuing of certificates of election and the punishment of election frauds and offenses, shall be in full force and effect in the city and county, except as otherwise pro\ided herein. Questions Submitted to Popular Vote — Form of Ballot, Etc. Section 179. At any election at which any measure, charter umendiuent, proposal for a charter convention or ordinance, shall be submitted to a vote of the qualified electors, the official ballot shall, by proper words to be provided by ordinance, show the nature of the measure, charter amendment, proposal for a chijir- ter convemtion or ordinance, to be voted upon, and shall give to each voter the right to place a cross mark upon his ballot showing clearly his intention to vote for or against said measure, charter amendment, proposal for a charter convention or ordi- nance, and in case any separate or alteniative i)roposition or propositions^ be submitted, the ballot shall be prepared so as lo enable the voter to express his intention in regard to each prop- osition. Officer Becoming Ineligible. Section ISO. Im case any officer of the city and county ghall become ineligible during his term of office, his office shall thereby become vacant. Officer or Employee — Not to Be Interested in City Contract. Section 181. No officer or employe of the city and county shall be interested, directly or indirectly, in any contract with thecity and county, or be in^ the employ of any person having any conti'act with the city and county. Contested Elections. Section 182. All cases of contested elections shall be tried under the proeednre prescribed by general law by the county cour-t, except a contest for the office of county judge, which shall be tried as prescribed by general law, and except as otherwise pro\ided herein. Offices and Supplies for Commission. Section 18o. The council shall immediately upon the adop- tion of tMs charter provide the election commission with suitable offices and supplies, and said commission is hereby authorized A\'ithin its aippropriation to employ such assistants at the ex- ]>ense of the city and county as may be necessary to enable it to fulfill its duties. Present Officers Continue Until Successors Elected. Section 184. The officers and employes of the city and county at the time of the adoption of this charter shall continue in office and perform the acts and duties of their respective posi- tions until the election or appointment of their successors or of the officers who are to perform their respective duties as herein provided, and except as herein provided concerning the election and eivil service commissions, the powers and duties to be ex- * ercised or performed by the officers or employes provided by this charter shall not become effective until the officers elected at the first municipal election hereunder shall have qualified. ARTICLE VII. CIVIL SERVICE. Commission— Who Constitute— Appointment — Term, Six Years- Removal. Section 185. There is hereby created a civil service com- mission, composed of Daniel B. Carey, J. Frank Adams and Frederick J. Chamberlin, who shall serve two years from and after the adoption of this charter. As successors of said commis- sioners the mayor shall tliereafter appoint three persons of known devotion to civil service reform as civil service commissionei-s. to serve, one for six years, one for four years and one for two years from tlie date of their appointment, and until their respect- 73 ive siiccessiors are appointed and qualified, and every alternate year tliereafter, the mayor shall appoint one person as the suc- cessor of that commissioner whose term shall expire in that year, ta serve for the term of six years from the date of his ap- pointment and until his succesisor is appointed and qualified. Any vacancy occurring in the office of commissioner shall be filled for the unexpired term by appointment as above provided. All appointments, both original and to fill vacancies, shall be so made that not more than two commissioners shall at the time of aDpointment be adherents of the same political party. The major maj- remove any commissioner appointed . under this act for incompetency, ineflficiency, neglect or violation of tlie provisions of this act, or of the rules and regulations in force hereunder, or any of them, or for any other cause which renders him unfit for the position, after first specifying in writing the particulars of the incompetency, inefficiency, neglect of duty or violation, or any other cause charged, and giving said commis- sioner an opportunity to make a personal explanation and be heard in self-defense. Serve Without Compensation. Section 186. The commissioners shall serve without com- I>ensation, but shall be paid their necessary expenses actually in- curred in the discharge of their official duties. Salary — Secretary, $1,800.00 — Examiner. Section 187. The commission may employ a secretary', who shall be paid a salary of mot exceeding the sum of one thousand eight hundred dollars a year, and an examiner for temporary sei'vice, at a salary of not exceeding five dollars per day. Any provision of the charter in conflict herewith is hereby repealed. (As amended May 17, 1910.) Examinations — How Conducted, Etc. Section 188. The commission shall control all examinations, and may, whenever an examination is to take place, designate a suitable number of persons, either in or not in the ofiicial serv- ice of the city or county, to be examiners or assistants at said examination, and if in the official service, it shall be a part of their official duty, without extra compensation, to conduct such examinations as the commission, may direct, and to make return and i-eport thereof to the commission, which maj^ at any time substitute any other pervson, whetlier in or not in such service, in the place of any one so selected. The commissioners ma\' themsehes act as such examinei-s, and all officers of the city or county shall assisit them in every proper Avay in carrying out tiie {)rovision.s of this act. Rules for Classified Service. Section 189. The commission shall have power to make and enforce rul^s, which rules shall be printed for distribution, and 74 a (■(»i>v sent to each offl<:-er, boiard aud commission having the rijiht to employ any person in the classitied service. No rule shall become effective until ten days after publication in the official newspaper. What Rules Shall Provide. Section 190. The rules shall provide for a classification of all om})loyments in the public service, as specified herein, other than day laboiers aud unskilled wiorkmeu; open and competitive examiuationiS as to fitness; an eligible list from which vaeancies shall be filled; a period of probation before employment is made p(^rmancnt; promotion on basis of merit, experience and record. Investigations. Section 191. The commission shall investigate all breaches of this article, and may compel the attendance and testimony of witnesses, and the production of books and papers. Classified Service — Include Policemen, Firemen, Public Works — Exceptions — Extensions. Section 192. The classified service within the civil service regulations shall include only the police and firemen and other officers and employes of the department of fire and police and the officers and employes of the department of public utilities and works, excepting, hjo\\^ver, from said' regulations the chief of po- lice, engineer, commissioner of highways, chief inspector of the board of public works audi members of the boards of fire and po- lice and public works, and one employe undei' eaeh of said boards, who shall be the sei-retai^' thereof ;( Proc/derf. that after the expiration of four years from the adoption of this charter the council may, by ordinance, extend the civil serAice provisions to any or all other departments.'\ Qualification of Applicants. Section 193. Applicants for appointment shall be citizens of the United States, and have resided in the city and county for one year next preceding the date of their application, but these restrictions sliall not apply to positions in which special, expert or techmcal knowledge is required. Applicants shall not use intoxicating beverages to excess. Every application must be sup- ]H>rted by cer-tificates of good moral character, and physical and mental capacity. Examinations — Sub j ects — Notice. Section 191. All examinations shall be impartial, and relate only to matters which will test the fitness of the pei-sons ex- amined for the service they wish to enter. No^ question shall re- late to political or religious opinions or affiliations, and no ap- pointment shall be in any manner affected by such opinions or affiliations. Notice of the, time, place and scope of examinations shall be given by publioation in the oflicial newspaper. 75 Applicants Must Pass Sixty-five Per Cent — Preference to Civil War Veterans. Section 195. No person shall be certified for appointment whose standing shall be less than 65 per cent, of complete pro- ficiency; Provided, that preference shall be given to persons hon- orabh' discharged from tlie military or naval service of the United States, who served prior to January 1, 1866, and whose qualifi- cations are otherwise equal. Register — Names Remain One Year. Section 196. Those examined shall be graded according to their examination, and their grades shall be entered on a register. Such names sihall remain on the register at least one year, but in no event more than two years without further examination. Filling Positions — Commission Certify Three Names. Section 197. When a position is to be filled in the classified service, the apiioiniting power shall make requisition upon the commission for the name of an eligible person, specifying the nature of tlie position to be filled, and upon receipt of such requisition, the commission shall certify the names of tlirree ap- plicants, if there be so many, having the highest percentage, one of whom shall be appointed. In case the requisition shall desig- nate sex, onl}^ that sex shall be certified; otherwise sex shall be disregarded. If it be sliown that all the persons certified are unsuitable for the position to be filled, the commission shall cer- tify an additional name, but in such case, the reason shall be stated in the certification. Provisional Appointments. Section 198. In cases where the commission is unable to comply with the requisition from the eligible list, it may allow a provisional appointment, or it may authorize the appointing l>ower to select a suitable person who shall be subject to exami- nation, and if found qualified, certified for appointment. Promotions. Section 199. The commission shall pix)Vide for promotion in the classified service on the basis of ascertained merit and seni- ority in service and standing upon examinations, and shall pro- vide, in all cases, that vacancies shall be filled by promotion. All examinations for promotion shall be competitive among such members of each department, as desire to submit themselves to examination. The commission shall submit to the appointing p()^^•er the names of not more than three applicants having the highest rating for each promotion. The method of examining, the rules governing the same, and the method of certifying shall be the same, as near as may be, as provided for applicants for original apjjointments. Any increase in salary shall be consid- ered a prxjmotion. 70 Appointments for Six Months — Permanent Appointment. Secliou '2{){). Every original appointment in the classiified service shall bo for six months, at the end of which time, if the conduct and capacity of the person appointed have been satis- factory, he shall be permanently appointed; otherwise he sihall l)e out of the service. Reduction of Force, Section 201. When the force in any department is reduced, the ]jerson last certified to such department for employment, shall be first laid off; and when the force in such department is increased persons suspended shall be reinstated in the order of their original certification. Emergency Appointments. t^ectiou 20l*. Appointments for temporary service shall be made in accordance with the provisions of this article, except in case of emergency. In no case shall an emergency appointment continue for more than sixty days, and mo reappointment or em- ployment to the same position at the end of such period shall be allowed. In every such case, the official making the appointment shall report the same to the commission within three days, with the i-eason therefor, and the time for which the emergency ap- pointment is necessary. Transfers. Section 20o. Transfers within the clasvsified service may be made from one department to a similar position in another, witli- out examination. Discharges from Classified Service. Section 204. All persons, at the time of the adoj)tion of this charter, occupying positions affected by the provisions of this article, shall retain their positions until discharged, under the provisiions hereof. Discharges from the classified service, or re- ductions in grade or conipensation or both, may be made for any cause, not political or religious, which will promote the effi- ciency of the service; but only on written specification by the authority making the discharge or reduction! ; and the person sought to be discharged or reduced sliall have notice, a copy of the si)ecifications, and be allowed reasonable time for answering the same in writing. A copy of the specifications, notice, answer and the order of discharge or reduction shall be made a part of the record of the division of the service in which the discharge or reduction is made, and a copy shall be filed with the commis- sion. The commission may examine into the, facts, and if the f)ei'son has been WTongfully discharged, may reinstate him. Contributions for Political Purposes. Section 205. No officer or employe shall discharge or change the rank or compensation of any other officer or employe, or promise or threaten to do so for giving, withholding or neglecting 77 to make coutributiou or any service for auj political purpose. No person sball, in any room or building occupied for the dis- charge of official duties, solicit or receive any contribution for politioal purposes. Roster of Persons in Classified Service. Section 20G. The conniiission shall keep in its office a public roster showing the name, residence, position, date of appoint- ment, compensation and duties of each person in the service. The commissiion shall have access to all public records and papers, the examination of which shall aid in keeping the roster. Offices and Supplies. Section 207. The council shall furnish the commission with suitable offices, office furniture, rooms for examinations, books, stationery, blanks, printing, heat and light and all other neces- sary supplies, and shall provide for the payment of such other expenses as may be necessarily incurred in carrying out the pro- visions of this article. Certify Names to Auditor — No Payment Unless Name Certified. Section 208. The commission shall ceitify to the auditor the name of every person, in the classified service, stating in each case the character and date of commencement of service, com- I>ensation and any change in such service. The auditor shall not issue a wiarrant for the payment of any compensation to any perison in the classified service not so certified. If the auditor shall issue any warrant except as herein provided, he and his sureties shall be liable for the amount thereof at the suit of the city and county or any taxpayer for its use. Corrupt Practice. Section 209. No person in the public service shall wilfully and corruptly, by himself or in co-operation with one or more [>ersons, defeat, deceive or obstruct any person in respect to his or her right of examination, nor wilfully, corruptly or falsely mark, grade, estimate or report upon the examination or jjroper standing of any person^ examined hereunder, or aid in so doing, or wilfully or corruptly, make any false representation concern- ing the siame or concerning the persons examined, or wilfully or corruptly furnish to any person any special or secret informa- tion for the ])urx>ose of either improving or injuring the prospects (H- chances of any person so examined or to be examined, ap- pointed, employedi or promoted. Penalty. Section 210. Any person wlio shall violate any of tlie })ro- \ isious of this article shall be deemed guilty of a misdemeanor, and uix»n conviction thereof shall be punished by a fine not ex- ceeding one hundred dollars, or im[»risonment not exceeding thirty days, or by both such fine^ and imprisonment in the discretion of the court. 78 ARTICLE yill. FINANCE AND TAXATION. Fiscal Year — Same as Calendar Year. St'i-tiou 1*11. The fiscal year of tlie city and countt shall commence on the first diay of January and end on the last day of December of each year. Tax Levy — Fifteen Mills Limit. Section 212. The council, after deducting the amount col- lectible from other sources, shall levy upon all taxable property, real and jiersonial, within the limits of the city and county, the amount of taxes for city and county purposes necessary to pro- vide for the payment during the ensuing fiscal year, of all prop- erly authorized demands upon the treasury-, not exceeding fifteen mills on the dollar for all general city and county purposes upon the total assessed valuation of said pi\)perty, and shall also, in addition thereto levy the state and school district taxes. The foregoing limitation of fifteen mills sliall not appl\' to taxes which shall annually be levied by the council for the payment of any bonded indebtedness of the city and county, now existing or hereafter ci'eated, or interest thereon, nor for sinking fund, nor for the indebtedness of any town or cit}' heretofore consolidated with or hereafter incorporated with, or annexed to, the city and county, or of tlie interest thei^eon ; nor to special assessments for local improvements. Assessment Roll — How Completed. Section 2VS. It shall be the duty of the assessor, as soon as the a>ssessinent roll is ready in each year for the extension of taxes, in accordance with general law, to certify the total amount of proj>erty assessed within the limits of the city and county to the council, whereupon the council shall proceed to make the proi)er levy in mills upon tine dollar valuation to meet the ex- penses of the city and county, and cause the? total levies, includ- ing school, state and special levies, to be certified by the clerk to the assessor, who shall extend the same upon the tax list of the current year, whereupon he shall issue a general warant to the treasurer for collection. Collection of Taxes — Application of State Laws. Section 21-4. The treasurer shall collect said taxes in the same manner and at the same time as state taxes are collected, and all laws of this ^tate for the assessment and collection of general taxes, including laws for the sale of property for taxes and the redemption of the same, shall apply, and have as full effect for the collection of taxes for the city and county as for such general taxes, except as modified by this charter.* On or before the 5th day of every month the treasurer shall report the amount of tax collections for the preceding month to the auditor. 79 State and School Taxes. Section 215. All taxes levied' for state and school purj^oses upon persons and property within the cit}- and county shall be collected by the treasurer and paid out by him in conformity with the general laws of the state. All amounts so collected and disbursed or paid over shall be included in his reports to the auditor and council as required by this charter. Heads of Departments — Estimate of Expenses to Mayor. Section L'lG. On or befoi-e the tirst Monday of November in each year the heads of the various departments, offices and com- missions of the city and county shall furnish the mayor an esti- mate in writing of the probable expense to be inc-urred in their several departments for the ensuing fiscal year, sijecifying in detail such probable expenditures, inclnding a statement of the salaries of their subordinates. Duplicates of these estimates shall be sent at the same time to the auditor. The auditor shall, at the same time, also certify to the mayor the amount of money to be raised by taxation to pay the interest on bonded indebtedness, and to provide for the sinking fund. Mayor's Budget. Section I'll. On or before the first Monday of December in each year the mayor shall present to the coum-il a detailed state- ment of tlie amount necessary to defray the expensesi of the city and count}' government, and of each dejiartmeut thereof, for the ensuing fiscal year, stating also the amount to be raised by taxa- tion to pay interest on bonded indebtedness, and to provide for the sinking fund. Council Pass Budget — Amendments — Two-thirds Vote. Sectiun L'lS. The council shall meet in joint session annu- ally between the first and third Mondays in December, and by a vote of the majority of the members thereof make a budget of the estimated amounts requii-ed to pay the expenses of conduct- ing the public business for the next ensuing fiscal year, based on the mayor's budget, and for the other jjurposes required by this charter. The, budget shall be prepared in such details as to the aggregate sum and the items thereof allowed to each department, office or commission asi the council shall deem advisable subject to limitations in this charter, but the council shall not change any item in nor the total of the mayor's estimate, except upon a vote of two-thirds of each l)ody thereof. General Appropriation Bill — Ninety Per Cent Revenue. Section 21!). At'lcM- llie final eslimate is made in accoirdance herewith, it shall be signed by the inayor and' clerk and filed in the office of the auditor. The sin-eral sums shall then be appro- |niiated by ordimamce for the ensuing fiscal year to the several purposes and departmentsi therein named. The total amount appropriated shall in no case exceed ninety (90) pei' cent, of the 80 aiiiDunt of money to be received during tlie year by taxation, esti- mated upon tlie as^sessor's valuation and the tax levy, and from other sources of revenue. Interest on Bonds and Sinking Fund — How Raised. Section 220. The amount retjuired to pay the interest on the bonded indebtedness and provide for the sinking fund shall ahvays be provided for out of the tax on propert}". CUSTODY OF PUBLIC MONEYS. All Moneys Paid to Treasurer — No Extra Fees. iSection 221. All moneys arising from taxes, licenses, fees, tines, penalties and forfeitures, and from any other source what- soever, \N'hich may be collected or received by any officer of the citj- and county, or any department thereof, in his official capac- ity, for the performance of any official duty, shall be paid into the treasury. jS^o officer or person other than the treasurer shall pay out or disburse such moneys or any part thereof, except as hei^in otherwise provided. No officer, deputy, clerk or employe of such officer, shall receive or accept any fee, compensation or payment, other than his salaiy as now or hereafter fixed by this charter, or by ordinance, for any work or service performed by him of any official nature, or under color of office, whether per- formed during or after official business liOui^s. Fees, Etc., Paid in Advance. Section 222. Every fee, commission, percentage, allowance or other compensation authorized by law or ordinance to be charged, received or collected by any officer or employe for any official service, must be collectedi in advance, and paid to the treasury by the officer receiving the same, in the manner herein provided. Officers Pay Collections to Treasurer Daily — Exceptions. Section 223. Every officer or person collecting any fee, com- mission, percentage, allowance or compensation, for the perform- ance of any official service or duty of any kind or nature, or rendered in any official capacity, or by reason of any official duty or employment, shall deliver to tbe treasurer eacli day all such collections received during the preceding day. Pnovidcd, the sheriffs and clerks of courts shall only be required to deliver on the first day of each month, such collections as have been received) by them diuring the preceding month. The treasurer shall thereupon deliver to such officer or person a reeeipt for the money so paid, as hereinbefore provided. The ti'easurer shall place all such moneys in a separate fund to be designated the •'T'napportioned Fee Fund." Official Receipts Furnished by Commissioner of Supplies. Section 1:2-4. The commissioner of snpjilies shall i)iepare and deliver from time to time to the treasurer, and to every officer or 81 person authorized! by law to charge any fee, commission, per- centage, alloTvance or compenisation, for the perfoi'mance of any official service or duty, as many blank official receipts as may be i"equired, charging such person therewith. Such receipts shall be bound into books containing not less than one hundred, and numbered consecutively, beginning with number one in each class required for each fiscal year, and provided with a corresponding stub. When the books containing receipts are exhausted by the offiicer ^ec•ei^^ng them, he shall deliver the stubs thereof to the custody of the auditor. Official Receipt and Stub. Section 225. Except as otherwise provided in this charter, every officer and emploje who shall receive any money, property or other thing of value on behalf of or belonging to the city and county shall give a receipt therefor, which shall state whether given for money, property, services or otherwise, the amount and nature thereof, the date of such receipt, and the name of the person to whom given, and shall make a corresponding entry on the stub to which said receipt was attached. Treasurer Report to Auditor Monthly. Section 22G. On or before the fifth day of each month the treasurer shall make to the auditor a report under oath of all moneys received by him during the preceding month, from what source and for what purpose received. At the same time, the trea-surer shall produce the stubs of all official receipts issued by him during the previous month, and all official receipts remaining in his hands unused at the close of business on the last day thereof. All Officers Report Collection Monthly to Auditor. Section 227. On or before the fifth of each month every offijcer authorized to charge any fee, commission, i^ercentage, al- lowamce or compensiation, shall make to the auditor a report un- der oath, of all official receipt's issued by him during the preceding month, showing the amount, to whom and for what purpose is- siued; and shall at the same time, or oftener if required, exhibit tp the auditor or other proper officer, all the treasurer's receipts dfeposited Avith him during the i)receding month, and all receipts remaining in his hands unu.sed, or not issued, at the close of business on the last day thereof. Upon receiving these reports the auditor shall examine and settle the accounts of each officer, and apportion such moneys to the fund or funds to which they are a.pi)ropriateid by law, and certify su( h apfiortionment to the treasurer, who shall thereupon transfer from tlie unai)]K)rti be audited or paid, be first verified, in ^n^iting, by the officer, commission, department, or authority under whom, or in which such demand originated. All other demands payable out of any funds in the treasury shall, before they can be allowed by the auditor or paid, be first verified^ in writing, by the department, commission or officer in which the same has originated, and in all such cases must be approved by the council, except as otherwise provided in this charter. Every demand against the city and county shall, in addition to the other entries and endorsements upon the same required by this charter, show: (1) The name of the commission, authority or de- partment authorizing the same. (2) The fiscal year ' within which the indebtedness was incurred. (3) The name of the spe- cific fund out of which the demand is payable. Each demand shall have written or printed upon it a statement that the same can only be paid out of the income and revenue provided and collected for the fiscal year in which the indebtedness was in- curred. Discharged Employes Report to Auditor. Section 231. Within twenty-fonr hours after any emjiloye of the city and county shall be discharged or shall cease to be in its employ, the head of the department, office or commission in 83 which, such person was emplojed shall report to the auditor, giving name of employe and date when such employment ceased. Stated Accounts With Persons Failing to Pay Amount Due City. Section 232. Any person chargeable with moneys or other personal property belonging to the city and county, or who has been intrusted with the collection, management or disbursement ■of any moneys, bonds or interest accruing therefrom belonging to, or held' in trust by the city and county, who fails to render an account thereof and make a settlement with the treasurer within the time prescribed by law; or when no particular time is specified, fails to render such account and make such settle- ment, within ten days after notice from the auditor, then the auditor shall state an account with such person charging twenty- five per centum damages and interest at the rate of ten per centum per annum from the time of such failure, and file a copy thereof with the attorney, and such person, if in the service of the city and county, shall also be subject to removal. In any suit a copy of such account shall be prima facie evi- dence of the things therein stated. In case the auditor can not, for want of information, state an account, in any action brought that fact may be averred, and it shall be sufficient to allege gen- erally the amount of mone}', or other property which is due to or which belongs to the city and county. The attorney shall in- stitute all actions arising under this section within ten days after notification by the auditor, and prosecute the same to conclusion. Salaries Payable Monthly. Section 233. All salaries and compensation of all officers, and all employes of all classes, and others employed at fixed wages, shall be payable monthly. THE SEVERAL FUNDS. Apportionment — Transfer. Section 234. The income and revenue paid into the treas- ury shall at once be apportioned to and kept in appropriate funds, and such money, including the several funds now in the treasury, shall not be used for any purpose other than that for which the same were raised, provided that surplus and unused money in any fund may during the fiscal year be transferred from one fund to another by ordinance only, except as othcnnvise j>rovided in this charter. General Fund. Section 235. The general funds shall consist of moneys re- ceived into the treasury and not specifically apportioned to any other fund. 84 Other Funds. tSeetion 230. The park fund sliall consist of moneys an- nually apportioned thereto and coming into said fund by dona- tion or otherwise, and shall be kept and used only for the im- provement of parks, public grounds, planting and maintaining, of ornamental trees, shrubs and flowers in said parks or upon the public boulevards. The public library fund shall consist of the money appor- tioned thereto, and all money coming into said fund by gift or otherwise, and shall be kept and used only for public library purposes. The bonded indebtedness interest fund shall be kept and used only in the pa;yment of interest annually accruing on bonded indebtedness. The sinking fund shall be kept and used only in the pur- chase, payment and redemption of the bonded indeibtedness of the city and county. The special deposit fund shall consist of money paid into court and deposited with the treasurer, including all moneys in special dteposit. Money in the special deposit fund shall be paid out in the manner prescribed by law or by order of the judge of the court depositing the same. Bills Unpaid at End of Year — How Paid. Section 237. Any demand against the treasurer remaining unpaid at the end of the fiscal jear for lack of money applicable to its payment, shall be paid in the order of its registration out of any mone}' which may subsequently come into the proper fund from delinquent taxes or other uncollected income or revenue for such year. Redemption of Bonds, Section 238. When there shall be to the credit of any sink- ing fund a sum not less than |2(),000, which may be applied to the redemption of any outstanding bonds to which said fund is applicable and which are not redeemable before their maturity, it shall be the duty of the auditor to advertise for ten (10) days in the official newspaper inviting proposals for the surrender and redemption of the bonds, aud after such advertisement the money in such sinking fund may be awarded to the person offering to surrender such bonds for the lowest price. Thereupon the treas- urer, upon the surrender of the bonds, duly audited by the audit- or, shall pay the amount to the person to whom the same was awarded, provided no redemption shall be made for such bonds in a sum greater than the value of the principal and accrued in- terest. Sliould there be no purchase or should a purchase not ex- haust such sinking fund, then the balance may be invested by the treasurer in bonds of the city and county maturing at a date prior to those to be redeemed by such sinking fund ; Provided, he 85 shall not pay for such bonds a sum greater than the amount of the principal and accrued interest. POLICE DEPARTMENT RELIEF FUND. Council Provide For. Section 239. The council is hereby authorized, and they shall within six months after the adoption of this charter, by or- dinance provide for a police department relief fund, to be admin- istered by the board of fire and police, for the following pur- poses : For the relief of aged, infirm and disabled members of the police department who have arrived at the age of sixty years, and who upon examination by two regularly certified practicing phy- sicians, appointed for that purpose, may be ascertained to be, by reason of such age, infirmity or disability, unfit for the perform- ance of their duties; Provided, hoivever, that no such member shall be entitled to the benefits in this section above provided unless he has been an active member of the department of the city and county or included municipalities for twenty years pre- ceding his retirement. For the relief of any regular member of the police department, while engaged in the line of his duties who shall sufl:'er j)hysical injuries resulting in total disability which prevents him from supporting himself and family; Provided, how- ever, tliat the benefits of this paragraph shall extend to the regu- lar members of the department suff'ering such disability on No- vember G, 1900. For the family of any such member of the po- lice department who shall lose his life, leaving a family thereto- fore depending on him. without means of support; Provided, however, in case of total disability, as in this paragraph provid- ed, upon examination by two regularly certified practicing physi- cians, appointed for that pui*])ose, they shall certify that such disability unfits such member for the performance of his duties. (As amended May 15, 1906.) What Moneys Paid Into. Section 240. The relief fund shall be composed of money from the following sources: Section 1. All proceeds of the sales of unclaimed property. 2. All moneys received from licenses upon dogs. 3. All moneys received from fines for carrying concealed weapons. 4. All moneys received from fines imposed on the members of the police department for violation of Unv or the rules and regulations of the department. 5. Fifty ])er cent, of all moneys and i'ecei|)ts from the li- censing of automobiles. 6. Fifty per cent, of all rewards and fees and com])ensation for any extraordinary service of any member of the jiolice depart- so luent; Provided, that not to exceed fifty per cent, of any reward or compensation for any extraordinary service shall be allowed to the i)erson performing the service for which such reward or compensation is paid. 7. All donations and gifts which may be made to said fund. The council shall annually appropriate a reasonable sum for said fund. Section 241. Moneys remaining at the end of any fiscal year in this fund shall not be transferred, but shall be invested from time to time, in approved interest bearing securities. The treasurer shall be the custodian of all money and securities pro- vided for in this section. firemen's pension fund. Session Laws 1903, Page 447. Section 242. The provisions of chapter 172 of the session laws of the state of Colorado of the year 1903, entitled ''An act to create and establish a pension fund for firemen, their widows and dependent children, in cities containing a population of over one hundred thousand inhabitants, and having paid fire depart- ments, and for the maintenance, management and conduct of the same," are hereby made and declared to be in full force and effect in the city and county. ACCOUNTING. Expert Accountant, $3,000.00. Section 243. The ma^or shall at least once in each year em- ploy an expert accountant who shall examine the books, records and reports of the treasurer and auditor, and the books, records and i-eports of such other ofiicers and departments as the mayor may direct, and make triplicate reports thereof to the mayor, auditor and attorney. Such accountant shall have unlimited privilege of investigation, to examine under oath or otherwise all officers and employes of the city and county, and every such ofiicer, clerk and employe shall give all required assistance and information to such accountant, and submit to him for examina- tion sucli books and papers of his office as may be requested, and failure so to do shall be deemed and held to be a forfeiture and abandonment of his office. The mayor may designate as such ex- pert accountant any responsible corporation engaged in auditing accounts, and the council each year shall appropriate such a sum as may be fixed by the mayor, not, however, exceeding the sum of 13.000, for the payment of the services of such accountant. Uniform System of Accounting-. Section 244. The council shall, by ordinance, require a uni- form and comparative system of accounting and reporting by the different departments of the citv and county. 87 PUBLIC INDEBTEDNESS. Department Expend Only One-twelfth of Appropriation in One Month — Exceptions. Section 245. It shall not be lawful for the council or any commission, department or oflScer, having power to incur liabil- ities against the treasury, to incur, allow, contract for, pay or render payable, in the present or future, in any one month, any expenditure or demand against any appropriation which, taken with all other expenditures, indebtedness or liability, made or incurred up to the time in such month of making or incurring the same, exceeds one-twelfth part of the amount of the appro- priation for the fiscal year, except as otherwise specifically al- lowed in this charter. If, at the beginning of any month, any money remains un- expended in an}' appropriation which might lawfully have been expended during the preceding months, such unexpended sum, except so much thereof as may be required to pay all unpaid claims upon such appropriation, may be carried forward and ex- pended in any month of such fiscal year, but not afterwards, ex- cept in payment of claims lawfullv incurred during such fiscal year. Appropriations provided to meet the expenses of elections, for the support and maintenance of the assessor's department, and for the departments of health, highways, sprinkling, libraries and parks, shall be exempt from the provisions of this section.. Excess Appropriation Forbidden. Section 246. The council shall not order the payment of money for any purposes whatsoever, nor shall any warrant or other evidence of indebtedness issue in excess of the amount appropriated for the current year, and at the time of said order remaining unexpended in the appropriation of the particular class or department to wliich such expenditures belong, nor shall any liability or indebtedness incurred in any one fiscal year be a charge upon or paid out of tlie income or revenue of any other fiscal year. Appropriation Necessary Before Liability Incurred. Section 247. Neither the council nor any officer shall have authority to make any (contract or do anything binding on, nor impose upon the city and county any liability to pay money, until a definite amount of money shall have been appropriated for the liquidation of all pecuniary liability of the city and county un- der such contract, or in consequence thereof. Such contract shall be ! ,007 132 Soction 22 In if id tire (Amended). Vote for 14,370 Vote against 11,177 Section 22-A Procedure (New). Vote for 12,118 Vote against 10.637 Section 22-B Beeall (New). Vote for 1 1,442 Vote against 10,626 Section 23 Petitions (Amended). Vote for 12,925 » Vote against 11,144 Section 141 Municipal Court (Amended). Vote for 10,674 Vote against 10,582 Section 153-A Salaries (New). Vote for 20,872 Vote against 11,031 Section 187 Secretary — Civil Service (Amended). Vote for 20,872 Vote against 11,031 Section 264-A Water Commission (New). Vote for 12,342 Vote against 10,399 INDEX INDEX A References are to Sections. ACCOUNTANT- auditor general accountant, 47. corporation may be employed, 243. expert, compensation, 243. ACCOUNTING— uniform and comparative system, 244. ACCOUNTS— with individuals— rendered by auditor, 232. with offlcers— settled by auditor, 227. ACCOUNT STATED— auditor's, evidence in all courts, 232. ACTING MAYOR, 28. ACTION-^— see Attorney, 33. pending-, not affected by charter. 350. ADDITION TO CITY— map of, approved by council, 345. ADVERTISING— SEE— commissioner of supplies, 61-62. contracts for, generally, 62. delinquent tax list, 62. ofHcial paper, 62. ordinances, 13. public improvements, proposals for, 272, 2. public improvements, notice of completion, 299. public improvement bonds, call for, 314. ALDERMEN, BOARD OF— attendance of members, may compel, 10. ayes and noes, 11, 13. bills may originate in, 13. bills, how passed, 13-15, 18. clerk of city and county act as clerk of, 9, 37. clerk of, keep journal, 11, 37. clerk of, notify auditor of absentees, 12. election, 167. election of members, sole judge of, 10. elected by wards, 7. executive power— has none, 16. expulsion of members, 10. impeachment of elective officers, 163. journal of, clerk shall keep, 11, 37. majority (of all members elected), 11. meetings, regular, twice a month, 9. meetings, special, call of the mayor, 19. 13G References are to Sections. ALDERMEN, BOARD OF— Continued, member of board — age, 25 years, S. arrests, may make, 157. attendance, may be compelled, 10. attendance, forfeiture for absence $10.00, 12. citizen, must be, 8. contract with' city, may not," 8. exempt from jury duty, 8. expulsion of, 10. jury duty, exempt from, 8. moving from ward vacates office, 180. office created by council, may not hold, 8. other office of city and county, may not hold, 8. punishment of, 10. qualifications of, 8, 149. recall — subject to, 22b. residence in ward, 8. residence in city and county 2 years, 8. salary, $1,000.00, payable monthly, 153, 233. taxpayer, must have been for 1 year, 8. term of office 2 years, 7. number of, sixteen, be twenty-one, 2, 7. open meetings sit with, 9. duties of president, 10. elected by ballot, 7. mayor, acting, when, 28. salary, $1,200.00, 153, 233. term of one year, 7. punishment of members, 10. qualifications of members, 8, 149. term of office, two years, 6. vacancy, how filled, 31. ALLEYS— cleaning, bureau of highways, 91. control, bureau of highways. S3, 91. dedication. 345. opening of, board of public works, 84. AMENDMENTS— charter, proposal for, 20, 179. bills in passage, 18. ordinances, 13. AMUSEMENTS— licensing places of, see Fire and Police Board, Licenses, 73-75. ANNEXATION— powers of, defined, 1. ANNEXED MUNICIPALITIES— appropriation and expenditure of money in, 346. building restrictions remain in force until changed, 349. indebtednes, providing for payment of, 350. liquor laws and ordinances remain in force, 80. ordinances remain in force, generally, until changed, 348. ordinances in relation to fire limits, how changed, 349. police magistrates, courts of, justices' courts successor, 352. rights, liabilities, obligations, etc., remain in force, 348. suburban improvement districts in, 319. taxes, fines, actions, etc., unaffected, 350. 137 References are to Sections APPEAILS— municipal court. 141. A PPOINTMENTS— council not make, 16. heads of departments, may make. 151. mayor make, except, 150. qualifications of appointees, 149, 150. removal for nonpayment of debts, 161. APPROPRIATIONS— annexed municipalities, fire and police protection, etc., 340. balances, how disposed of. 17. bonded indebtedness interest, 220. charitable organizations, conditions, 114. council, action on mayor's veto, 15. council, may make and transfer, 13. exceeding $5,000.00, how made, 13. fire and police purposes, board control, 67. how made, 13, 219. library purposes, $30,000.00, 127. library purposes, library commission control, 126. limit, 90 per cent, estimated revenue, 219. mayor approve or veto, 15. memorial day exercises, $300.00, 249. municipal purposes, 219. public improvements, board of public works control, 88. park purposes, not to be transferred, 103. park purposes, park commission and mayor control, !/7. special, after first election, 248. unexpended balances, how disposed of, 17. ARAPAHOE COUNTY— county court successor of county court of, 352. county officers, who perform duties, 156. indebtedness, payment, how made, 350. ARRESTS, WHO MAT MAKE— council, members of, 157. health commissioner and inspectors, 158. license inspectors, 72. mayor, 157. persons in charge of city and county dump, 138. police force, members of, 65. special police, 69. ART COMMISSION— appointed by mayor, 121. assistants, appointment of, 154. contracts, prepared by attorney, 33. contracts in re "works of art" approval, 124. contracts, violation of, report to mayor, 26. expenses, estimate to mayor and auditor, 216. meetings of, with mayor, 32. members- mayor, ex-oflicio, 121. number apointed, six, 121. oath of office, 151. pay for design, etc., may not receive, 122. qualifications, 121, 150. 1 :{S References are to Sections. ART COMMISSION— Continued members— continued salary, none, 122. term of office, six years, 121. powers of, 121-124. records to be public, 155. rules, etc., how made, 32. "work of art," acquisition of, 122. "work of art," contract for, 124. "work of art," definition of, 123. ART— work of, defined, 123. ASSESSMENTS— see Assessor, Public Improvements, etc., 283, 293, 296, 298-311. ASSESSOR— assess all taxable property according to general law, 46. assessment roll, certify to council, 213. assessment roll, issue warrant to treasurer to collect, 213. assessment roll, provide column for special assessments, 302. assistants, appointment of, 154. bond, $10,000.00, 152. contracts, report violation of to mayor, 26. contracts of, prepared by attorney, 33. deputies, may administer oaths, 341. deputy, none provided for. election, 167. expenses, estimate of, to mayor and auditor, 216. fees, etc., collected, paid to treasurer dally, 159, 221-225. impeachment, 163-165. oath, except oath of office, may administer, 341. oath of office, 151. office open 9 a. m. to 5 p. m., 30. qualifications, 149 recall— subject to. 22b. records, shall be public, 155. report to, by clerk, tax levy, 213. salary, $4,600.00, payable monthly. 153, 233. term of office, four years, 168. vacancy, how filled, 31. ASSESSMENT ROLL— certified to council by assessor, 213. contain column for special assessment, 302. special taxes, made by auditor, 302. ASSETS AND LIABILITIES— tables of, kept by auditor, 47. see respective offices; also, 154. attestation of public records, etc., 37. ATTORNEY— appointment of— by mayor, 150. appointments by- first assistant, $2,500.00, 36, 153. second assistant. $1,800.00, 36, 153. third assistant, $1,500.00, 36, 153. stenographer, $1,200.00, 36, 153. special counsel, 36. special officer, 36. 139 References are to Sections. ATTORNEY— Continued. certificate of title of proposed addition furnished council, 345. contracts, report violation of to mayor, 26. contracts, prepare for all officers, 33. expenses, estimate of to mayor and auditor, 216. fees, etc., collected, paid to treasurer daily, 159, 221-225. oaths, may administer, 33, 341. oath of office, 151. office open 9 a. m. to 5 p. m., 30. opinions, when and to whom rendered, 33. opinions, public utilities, purchase of, 255. qualifications, 150. records, property of city and county, 34. records shall be public, 155. removal of, at pleasure of mayor, 150. removal of, for nonpayment of debts, 161. reports of, to mayor, February 1, 35. reports to, by building inspector, violation of contracts, 63. rules of office, how made, 32. salary, $4,600.00, payable monthly, 153, 233. suits, commence at request of mayor or council, 33. suits to compel railroad companies to build viaducts, prosecute same, 297. term of office, at pleasure of mayor, 150. vacancy, filled by mayor, 31. AUDITOR— audit of accounts procedure, 230. accounts of, audited by mayor, 230. account of moneys, etc., due city, when make, 232. aldermen, deduct forfeiture for non-attendance, 12. assessment roll, make same, for special taxes, 302. assets and liabilities— keep tables of, 47. assisstant of, employment and pay of, 153, 154. audit all accounts except his own, 47, 230. bank, selection of, for deposit city funds, 58. bank, approval of bond of deposit, 58. bank, amount $10,000 (see also 208), 152. bond of clerk, custodian of, 37. bonds and warrants, duties of in relation to, abstract of when cancelled, disposition of, 49. certify payment of to council, 49. record of to be kept, 47. signing of by, 48. classified service, employe of, when issue warrant to, 208. contracts of prepared by attorney, 33. contracts, countersign and register, 47. contracts, report violation of to mayor, 26. custodian of clerk's bond and other papers, 37, 47. demands against city and county, allowance of, 49, 208. deputy, none provided for. deputies may administer oaths and affirmations, 341. duties generally, 47-50. election of, 167. expenses, estimate of, to mayor, 216. fees, etc., collected by, paid to treasurer daily, 159, 221-225. fees, etc., colection of, reported to auditor monthly. 227. funds, see "Funds," 234-242. liabilities and assets, keep tables of, 47. 140 References are to Sections. AUDITOR— Continued, licenses — fees for, attest indorsement of payment, 73. inspectors appointed by, 72. transfer of, how made, 74. notice of moneys, etc., due city, when made. 232. oaths, may administer, 341. oath of office, 151. public improvement bonds, not audit accounts for, 312. qualifications, 149 recall— .subject to, 22b. receipt books, official custodian of stubs, 224. receipt books receive from commissioner supplies, 224. register public improvement bonds, 312. reports by — to council, bonds, payment of, whenever made, 49. to council, funds, condition of, in June and January, 50 to council, treasurer's report, certify to, 55. to mayor, estimate of expenses, in November, 216. / to mayor, estimate of certain taxation, 216. to treasurer, assessment roll for public improvements, 302. reports to- by all officers collecting fees, etc., on 5th each month, 227. by civil service commission of all employes, 208. by clerk keeping journal of council, of absences, 12. of employe discharged, by officer discharging, 231. of employe, temporary, service of by employer, 229. of fees. etc.. collected, on 5th of each month, 227. of mileage, by. officer authorized to charge, 228. by policeman, of violation of liquor law, 79. by recorder, 5th each month, business and receipts, 40. by sheriff, 5th each month,' business and receipts, 43. by treasurer, all moneys collected, 5th each month, 226. by treasurer, duplicate receipts for moneys received, 52. by treasurer, special assessments, collection of, 10th each mcmlh, by treasurer, tax collections, 5th each month, 214. by treasurer, taxes, state and school, ath each month, 215. by treasurer, unused official receipts, 5th each month. 226. saloonkeeper, charges against, when made. 79. salary, $4,600.00, payable monthly, 153, 233. stated account, when made, where evidence, 232. supervisors, deduct forfeiture for non-attendance, 12. taxation, amount necessary for certain purposes, reports. 216. treasurer's report, publish abstracts of, 56. "unapportioned fee fund," composition and disposition of, 223-227. vacancy, how filled, 31. warrants, duties in relation to, 47-49. AUDITORIUM— bonds, submission to taxpayers, 354. condemnation of site for, 322. construction of, board public works, 354. control of, commissioner of supplies, 354. AWNINGS— board of public works have charge of, 84. 141 B References are to Sections. BALLOT— see Elections, 179. aldermen, board of, elect president by, 7. supervisors, board of, elect president by, 6. BANKS— selection of for deposit of city funds, 58. depository board of, surety company. 58. BIDS— see Commissioner of Supplies, Public Improvements. BILLS— against city and county, see Auditor, etc., 4S, 208. see Ordinances, 13, 18. BOARD OF ALDERMEN— see Aldermen, Board of. BOARD OF SUPERVISORS— see Supervisors, Board of. BOARD OF FIRE AND POLICE— see Fire and Police, Board of. BOARD OF PUBLIC WORKS— see Public Works, Board of. BOARDS, HEADS OF— see Departments, Boards, etc. BOILER AND ELEVATOR INSPECTOR- appointed by mayor, 63. assistants, 63. bond, 152. contracts, report violation of to mayor, 26. contracts of, prepared by attorney, 33. expenses, estimate of to mayor and auditor, 216. fees, etc., collected, paid to treasurer daily, 159. 221-225. oath of office, 151. office open 9 a. m. to 5 p. m., 30. qualifications, 150. records shall be public, 155. removal for nonpayment of debts, 161. rules of office, how made, 32. salary, $1,800.00, payable monthly, 153, 233. term of office, four years, 63. vacancy, how filled, 31. BONDED INDEBTEDNESS, SEE THE FOLLOWING: auditorium, 354. funding bonds, subrnission of, 251. limitation' of, 3 per cent, assessed valuation, 250. ordinance authorizing, irrepealable till paid, 250. public improvements, 312-314. public utilities, 258, 264a. refunding bonds, submission of, 251. submission of to taxpayers, 250. bonds of city and county officers, 152. approved by the mayor, 352. assessor, $10,000, 152. auditor, $10,000, 152. bank holding city funds, amount, ('onditions, etc., 58. bonds now existing remain in force, 350. 142 References are to Sections. BONDED INDEBTEDNESS— Continued, building inspector, $10,000, 152. clerk, $5,000, 152. clerk county court, $10,000. 162. commissioner of supplies, $10,000, 152. contractors, 61, S7, 315. coroner, $2,000, 152. council may impose other conditions, 152. county judge, $10,000, 152. county superintendent of schools, $1,000, 152. depository bank must have surety company, 58. engineer, $10,000, 152. fire and police board, each member, $5,000, 152. Justice of the peace, as provided by general law ($10,000, see S. L. 1893, p. 302), 142. ofHcer or employe not be surety for another, 347. officers not enumerated, fixed, 152. public works, board of. each member, $5,000, 152. recorder, $5,000, 152. sheriff, $10,000, 152. surety company required for depository bank and treasurer, 57. 58. surety company required for contractor public improvement. 315. treasurer, $500,000 by surety company, 57. BONDHOLDER— furnishing address to treasurer, copy of call for bonds to be mailed to, 314. BONDS OP THE CITY AND COUNTY— annexed municipalities refunding, 2.51. bonded indebtedness, 245, 247, 250. 251. cancellation of, 49. execution and issue of, 29. interest, deferred payments, paving, etc., not over 6 per cent., 304. interest fund, 236. investment of city funds in, 2.3S. investment of public imp. funds in, 261. parks and park ways, see same, 323-329. payment of, auditor and clerk certify abstract of to council, 49. payment of, treasurer make without warrant, 54. public improvements, see same, 312, 314. public utilities, see same, 257, 259. qualified electors — submission to, 264a. redemption of, 238. remain in force, those now existing, 350. signature of, by mayor, etc., 29. sinking fund, use of, 236. tax-paying electors, submission to, 250, 257. water bonds, 264a. BOULEVARDS— board of public works, controlled by, 85. park commissioners, powers of, 104. BRIDGES— control of, board of public works, 83. BUDGET— appropriation by not to exceed 90 per cent, estimated revenue, 219. council make in joint session in December, 218. council change mayor's budget by two-thirds vote of each body, 218. estimate for, based on assessor's valuation, etc., 219. interest and sinking fund provided for from taxes, 220. 143 References are to Sections. BUDGET— Continued. mayor present to council first Monday in December, 217. mayor budget, cliange of by council requires two-thirds vote, 218. reports to mayor for preparation of, 216. BUILDING INSPECTOR— appointed by mayor, 63. assistants, 63. bond of, 152. contracts, report violation of to mayor, 26. contracts of, prepared by attorney, 33. expenses, estimate of to mayor and auditor, 216. fees, etc., collected, paid to treasurer daily, 159, 221-225. oath of office, 151. office open 9 a. m. to 5 p. m., 30. qualifications, 63, 150. record of inspections shall be kept, 63. records shall be public, 155. removal for nonpayment of debts, 161. reports of to mayor and attorney, violation of ordinances, 63. reports to — inspectors of electric wiring, 63. plumbing inspectors, 63. fire wardens, 63. above reports shall be entered of record, 63. rules of office, how made, 32. salary, $2,500.00, payable monthly, 153. 233. term of office four years, 63. vacancy, how filled, 31. violations of building ordinances- report to mayor and attorney, 63. make complaints, 63. BUILDING LINES— fronting park or park way. 100. BUILDINGS— outside building lines removed, 100. public construction of, board public works full control, 83. BULL FIGHTS, ETC.— prohibited, 65. BUREAU OP HIGHWAYS- see Public Works, Board of. 91. BUREAU OP ENGINEERING— general provisions, 89-90. BUREAU OP STREET SPRINKLING— mayor control of, 32. C CEMENT CURB AND GUTTER— guarantee for, 2 years, 272-277. CERTIFICATE— of election of officers, 176. for laying sidewalks not in districts, interest 1 per cent, per month, 2,S0. CHAIRMAN POLITICAL PARTY- nominate election commissioner in case of vacancy, 173. CHARITABLE INSTITUTION- power to examine management of, 117. 144 References are to Sections. CHARITABLE ORGANIZATION"— appropriation for, conditions, 114. CHARITY AND CORRECTIONS— commission of, 113-120. appointed by mayor, 113. appointments by- secretary and other employes, 113. superintendent detention school, approved by, 120 superintendent city and county farm, 115. contracts of, prepared by attorney, 33. contracts, report violation of to mayor, 26. detention school approve appointment of superintendent, 120. employes, 113. expenses, estimate of to mayor and auditor, 216. members- appointed by mayor, 113. oath of office, 151. qualifications, 150. salary, none, 113. term of office two years, 113. rules of office, how made, 32. vacancy, filled by mayor, 31. CHARTER— amendment of, 20, 17!). ordination and establishment of. Preamble. violation of, misdemeanor. 340. CHARTER CONVENTION— proposal for, 20, 179. CHERRY CREEK— changing- channel of, 333-337. channel of, both old and new, property of city. 337. council power to change, 333. improvement of, 320. improvement of under charge of board of public works, S3. CHIEF OP POLICE— see Fire and Police Board and Salaries, 65, 192. CHIEF OF FIRE DEPARTMENT— pee Fire and Police Board and Salaries, 153. CHILDREN— under 16, if arrested, kept in detention school, 120. CITY AND COUNTY FARM— superintendent appointed by com. charities and correction, 113. CITY DITCH— park commission control of, 99. CITY ENGINEER— papers of, belonging to city and county. 90. CIVIL SERVICE COMMISSION— appointments by, examiner for temporary service, ($5.00 per day), 1ST. appointments by secretary— salary $1,800.00, 187. classified service, employes in — applicants for, preferences to old soldiers, 195. register of to be kept, 196. qualifications of, 193. appointments in original, six months' probation. 200. provisional, 198. temporary service, sixty days only, 202. 145 References are to Sections. •CIVIL SERVICE COMMISSION— Continued, classified service, employes in — continued. discharges from, how made, 204. eligible list to be kept, 190. examinations for, 194. examinations for corrupt practices in, 209. extension of to other departments, 192. includes what departments, 192. names of, must be certified to auditor before payment. 20S political purposes, contributions for, 205. positions in, how filled, 197. probation period, what constitutes, 190. promotion in. how made, 199. provisional appointments, how made, 198. reduction of force, how made, 201. register of employes to be kept, 206. removal of generally, 204. removal of for nonpayment of debts. 161. suspension and reinstatement, 201. transfers, one department to another, 203. vacancies to be filled from eligible list, 190. examiners, who constitute, 188. members — appointed by mayor, 185. oaths, may administer, 341. oath of offlce, 151. political party, not more than two belong to same, 185. qualifications, 185, 150. removal from office, 185. salary, none, 185. term of office six years, 185. offices, stationery, etc., how supplied, 207. powers of — appointments, recommends names for, 197. discharged employe, investigate and reinstate, when. 204 examinations, full control of, 188. promotions, provide rules for, 199. rules, make and enforce, 189, 190. register of all employes in classified department. 20ii. report names of all classified employes to auditor. 208. rules of to be printed and distributed, 189. witnesses, may compel attendance of, 191. CLERK OF THE CITY AND COUNTY, 37-38. appointments by, deputy and assistants, 37. attest public instruments, 37. bonds of $5,000.00, 152. bonds attested by, 29. bonds, cancellation of, certify to council, 49. bonds cancelled, custodian of, 37. bonds of officers, custodian of, except his own, 37. clerk of council, 11, 37. contracts, attested by, 29. contracts, original custodian of, 37. contracts of, prepared by attorney, 33. contracts, report violation of to mayor, 26. custodian of, generally, see, 37, 151. deputy, appointment and powers of, 37. deputies, may administer oaths, 341. election, 167. References are to Sections. CLERK OF THE CITY AND COUNTY, 37-38— Continued, expenses, estimate of, to mayor and auditor, 216. ■ fees, etc., collected, paid to treasurer daily, 159, 221-225. impeachment, 163-165. journal of council kept by, 11, 37. oaths, may administer, 341. oath of office, 151. office open from 9 a. m. to 5 p. m., 30. ordinances, original rolls, custodian of, 37. papers generally, custodian of, 37. petitions filed, etc., 23. public improvements, advertise notice of completion, 2, . qualifications, 149. recall— subject to, 22b records of, shall be public. 155. reports by — to assessor, tax levy, 213. to council, of cancellation of bonds, 49. to treasurer, auditor and mayor, 5th each month, 37. reports to — by recorder. 5th of each month, 41. by sheriff, 5th of each month, 43. by pub. wks., bd. of, of cost of completed public improvements, 298- salary, $3,000.00, 153, 233. seal, custodian of, 37. title deeds, custodian of, 37. term of office four years, 168 vacancy, how filled. 31. CLERK OF COUNCIL— clerk of city and county. 1], 37. CLERK OF COUNTY COURT— see County Court, 131, 140. COMMISSION IN CHARGE OF— library, see Library Commission, 125-130. civil service, see Civil Service Commission, 185-210. elections, 169-184. parks, see Park Commission, 92-105. COMMISSIONER— civil service, see Civil Service Commission, members. 185-210. elections, see Election Commission, members, 169-184. excise, see Fire and Police Board, members, 64-81. fire, see Fire and Police Board, members, 64-81. highways, see' Public Works, Board of, members. 82-91. parks, see Park Commission, members, 92-105. police, see Fire and Police Board, members, 64-81. public works, see" Public Works, Board of, members, 82-91. streets, see Public Works, Board of, members, 91. supplies, see Commissioner of Supplies, 60-62. COMMISSIONER OF SUPPLIES— . advertising, official — bids for, may be rejected, 62. contracts for, let annually, 62. daily newspaper printed in English, 62. delinquent tax list may be omitted, 62. appointed by mayor, 60. assistants, 63, 153-154. auditorium, control of, when completed, .3.54. 141 References are to Sections. 'COMMISSIONER OF SUPPLIES— Continued, bids for supplies, etc. — all may be rejected, 61. opening- of, bidders may be present, 61. bond, $10,000.00, 152. bond of contractor for supplies, 61. contracts awarded on bids, 61-62. contracts of, prepared by attorney, 33. contracts, report violations of, to mayor. 26. custodian of public buildings, etc., 60. deputy, appointment and duties, 60. delinquent tax list, separate bids for, 62. expenses, estimate of, to mayor and auditor, 216. fees, etc., collected, paid to treasurer daily, 159. 221-225. purchasing- agent, 60. receipt books. ofRcial, furnish to all officers, 224. removal of, for non-payment of debts, 161. report to mayor monthly, 61. report to mayor inventory in December, 61. salary, 13,000.00, payable monthly, 153, 233. supplies, requisition for, signed by head department, 61. supplies, special, advertisement for, etc., 61. term of office four years, 60. « vacancy, how filled, 31. ■COMMISSIONS— heads of, see Departments, Boards, etc. members of, may administer oaths, 341. COMPETITIVE BIDDING— see Commissioner of Supplies, etc. CONDEMNATION PROCEEDINGS FOR ACQUISITION OF— auditorium, 322. parks, 325. public utilities, 262. sewers, within city and county, 283. sewers, without city and county, 290. streets, 322. viaducts and tunnels, 295. CONGRESS PARK— no portion of, to be sold or leased, 101. CONNECTIONS— gas and water, 317. CONSERVATORS OF THE PEACE, 157, 158. CONTAGIOUS DISEASES- Steele Memorial Hospital for, 111. CONTEMPT— of justices' courts (fine $15.00). 142. CONTESTED ELECTIONS— procedure in, as by genf-rnl law, 1K2. CONTRACTS- appropriation for, must first be made, 247. attorney prepare, for all officers, 33. art, works of, in relation to, how made, 124. Cherry creek, changing channel of, 336. creating debt against city and county, how made. 246, 247 countersigned by auditor, 47. 148 References are to Sections. CONTRACTS— Continued. Denver Gas & Electric Company ($60.00 arc lights), 2G.3a. eight hours a day's work, must provide, 316. enforcement of, by mayor, 26. how made, 29, 47. officer or employe not be interested in, 181. originals in custody of clerk (see also Auditor, 47), 37. present contracts remain in force, 348. public improvements- see same, 270, 315. complaints as to work done, 316. payments under, 316. registered by auditor, 47. signed by mayor, 29. viaducts and tunnels, construction of, 295. violations of, reported to mayor by heads of departments, 26. violations of, building inspector report to mayor and attorney, 63. CONTRACTORS— bonds of, must be by surety companies, 61, 315. CONVENTION— charter,, proposal for, 20, 179. CORONER, 44. bond, $2,000.00, 152. contracts of, prepared by attorney, 33. contracts, report violation of, to mayor, 26. election, 167. expenses, estimate of. to mayor and auditor, 216. fees, etc., collected, paid to treasurer daily, 159. 221-225. impeachment, 163-165. oath of office, 151. office open 9 a. m. to 5 p. m., 30. qualifications, 149. recall— subject to, 22b. salary. $900.00, payable monthly, 153, 233. term of office, four years, 168. vacancy, how filled, 31. CORPORATION— may be employed as expert accountant, 243. COUNCIL— see Aldermen, Mayor, Supervisors, administrative power, has none, 16. act only by ordinance or resolution, 13. accounting, provide uniform system of, 244. appointments to office, may not make, except, 16. appropriation, make additional on adoption of charter. 248. for public library, $30,000.00 annually, 127. of money, power to make, 17. of more than $5,000.00 to be advertised, 13. shall make, for police department relief fund, 240-241. attorney— opinions from, generally, 33. purchase of public* utilities, 254. bills concerning taxation referred to attorney, 33. bonds of officer, may add conditions, 152. bonds, funding and refunding, provide for submission of, 251. bonds, mayor, etc., certify cancellation of, to 49. budget, meet in joint session to consider, 218. budget, mayor's, may change' by two-thirds vote, 218. 149 References are to Sections. COUNCIL— Continued. Cherry creek, may autiiorize improvement of, 320. Cherry creek, may change channel of, 333. city council, successor of old council for some purposes. 331. clerk of city and county, clerk of, 9. contract, may not make until appropriation made, 247. contract with Denver Gas & Electric Company for street arc lamps, 263a. demands against city, except salaries, approved by, 230. employes, fix compensation of, generally, 153. enforcement of ordinances, may provide for, 17. fines, may provide for infliction of, to amount of $200.00, 17. gas and water connections, provide for enforcing, 317. imprisonment for 90 days, may provide for, 17. investigate any department, power to, 17. joint session of, to consider budget, 218. journal of proceedings shall be kept, 9. licenses, provide what may be granted, etc., 71. licensing saloons, etc., 75. measure, submit on petition of voters, 21, 22, 22a, 22b, 23. measure, submit in manner provided by constitution. 20. meetings of, regular, twice a month, 9. to consider budget, joint session, 218. must be with open doors, 9. Memorial Day exercises, appropriate $200.00 for. 249. nuisances, power to abate specified, 17. ofllces, stationery, etc., shall provide for election commissioners, 1S3. officers whose duties are or may be fixed by- assessor, 46. auditor, 47. clerk, 37. coroner, 44. county superintendent of schools, 45. sheriff, 42. treasurer, 59. justices' courts, clerks of, 146. ordinances — act only by, in what cases, 13. amendment of, must be in full, 13. assessing cost of public improvements, 300. appropriating $5,000.00 must first be published, 13. board of public works, authorizing public improvements, may no' change, 271. board public works, assessing cost public improvement, may not change, 300, 305. concerning taxation must be submitted to attorney, 33. enforcement of, power to provide for specified, 17. park commissioners, assessing cost of parks, etc., may not change. 305. petition foi-. by per cent, voters, passed or submitted, 22. presented to mayor in 24 hours from passage, 15. publication of, in newspaper or book form, 13. Public Utilities Commission — bond recommendations — must pass, 264a. style of, 14. veto of, passage over veto, 15. park commission, rules of, provide for enforcement of, 99. payment of bills, not order in excess of appropriation, 246. Platte river, may provide for improvement of, 321. police department relief fund, shall establish, 239. police department, relief fund, appropriation for. 240-247. powers, general grant of. 4. 150 References are to Sections. COUNCIL— Continued. powers, specific grant of, 17. public improvements- authorize construction of, 271. assess the cost of construction, 300. bonds for, may guarantee by two-thirds vote, 313. findings concerning ordering of same final, 272, 9. public library, appropriate $30,000.00 for, annually, 127. public utilities, purchase or construction of— ask attorney's opinion, when, 255. direct investigation by board public works, when, 252. if acquired fix rates of service on, 263. recall— subject to, 22b. records of, kept by clerk, 37. records of transcripts evidence in all courts, 38. reports, receive or may require from— attorney, 35. auditor, as required, 47. auditor, January 15th and June 30th, 50. auditor and clerk, certificate of cancellation of bonds. 49. clerk county court, February 1st, i40. mayor, inventory city property in December, Gl. public works, board of, purchase public utilities, 254. reports, uniform system of, to be provided, 244. saloons, etc., may regulate, etc., 75. sidewalks, provide for construction without districts, 280. seal, may provide for. 39. sewer, assessment invalid, fix amount to be paid before connection can be made, 292. sewer, compel connection with, 288. sewer district, establish by two-thirds vote, 284. special election, when order, initiative, referendum and recall, 2'. 22, 22a. 22b, 23. Steele Memorial Hospital, maintenance of. 111. suits, may direct attorney to bring, 33. tax levy, fixing and limitation of, 212. treasurer's bond, approve, 57. viaducts and tunnels, may require railroads to construct, 297. witnesses, may compel attendance of, 17. COUNTY COURT, 120, 131-140. appoint— clerk and deputies, 133. probation officer, 133. superintendent detention school, 120. baililf, how appointed, 133. cases, assignment of, to divisions, 138. clerk- appointed by judges, 133. bond, $10,000.00, 152. report of, to mayor, 140. salary, $3,000.00, 153, 233. county court Arapahoe county, etc., successor of. 352. deputy clerks, how appointed, 133. detention school, appoint superintendent of, 120. divisions of, 138. fees collected, paid to treasurer monthly. 159. judges- appoint stenographer, bailiff and division clerk, 133. bond, $10,000.00, 152. 151 References are to Sections. COUNTY COURT, 120, 131-140— Continued, judges— continued. contracts, report violation of to mayor, 26. county judge perform duties of, 156. election, 139, 167. en banc, may sit, 134. estimate of expenses to mayor and auditor, 216. impeachment, 163, 165. number of, two, 131. oath of office, 151. qualifications, 131, 149. removal from office, 165. salary, $4,600.00, 153, 233. term of office, four years, 139, 168. vacancies, how filled, 31, 139. jurisdiction of, 132. jurisdiction of, in impeachment of supervisors, 164. jurors in, how summoned, 138. juvenile court, shall constitute, records of, how kept, 137. rules of— how made, 134. may provide for what, 136. stenographer — how appointed, 133. salary, $2,000.00. 153. superintendent of detention school, appoint, 120. COUNTY OFFICERS— who perform duties of, 156. COUNTY SUPERINTENDENT OF SCHOOLS, 45. assistants, appointment of, etc., 154. bond, $1,000.00, 152. contracts of, prepared by attorney, 33. contracts, report violation of to mayor, 26. election, 167. expenses, estimate of, to mayor and auditor, 216. fees, etc., collected, paid to treasurer daily. 159. 221-225. impeachment, 163-165. oath of office, 151. office open 9 a. m. to 5 p. m., 30. qualifications, 149. recall— subject to, 22b. records, shall be public, 155. .salary, $900.00, payable monthly, 153, 233. term of office, four years, 168., vacancy, how filled, 31. COUNTY SURVEYOR— papers of, belonging to city and county. 90. COURTS— county court, see same, 131-140. evidence in, copies of records in clerk's office, 38. evidence in, ordinances, proof of, 338. evidence in, account stated, auditor's, 23:i. evidence in, remonstrance to purchase of parks, *328. justices' courts, see same, 141. police magistrates' courts, see same, 251. ir.2 References are to Sections. CUSTODIAN- public buildings and personal property not in use, commissioner of sup- plies. 60. public records, contracts, etc., clerk, 37. public moneys, treasurer, 51. plats, maps, etc., city engineer, board public works. 90. stolen goods, salary. $], 260.00, 153. D DAMAGES— examination of injured person before trial, 343. liability of third persons to city, 344. notice required before suit, 342. penalty for refusal to submit to examination, 343. DAY LABOR— may be employed on public improvements except in case of special asse-.-s ment, 270. may be employed on sidewalks not in sidewalk districts. 280. DEEDS— recorder of, see Recorder, 40. to public property, execution of. 29. custody of, clerk have, 37. DEBTS— not to be contracted until money appropriated, 246. DECORATION DAT- exercises, $200 annually, 249. DEFINITIONS— "employe," 153. "frontage," of lots, 273. "paving," 272. "qualified elector," 264a. "real estate," 277. "street," 277. "tunnel," 293. "tax-paying elector," 250, 257. "work of art," 123. DELINQUENT TAX LIST— publication of, 62. DENVER GAS & ELECTRIC COMPANY— contract for street arc lamps, 263a. may purchase property of Lacombe Electric Co.— proviso. 263a. DEPARTMENTS, BOARDS AND COMMISSIONS— appointment of, unless otherwise provided, 150. funds of, weekly report from auditor. 47. heads of— assistants, may employ, 154. contr9,cts, report violation of, to mayor, 26. contracts of, prepared by attorney, 33. expenses, estimate of, to mayor and auditor, 216. qualifications of members, 150. records, shall keep and shall be public, 155. rules of, how made', 32. vacancies in, how filled, 31. DEPARTMENTS, HEADS OF— may administer oaths, 341. 153 References are to Sections. DEPARTMENTS, SUMMARY OF— art, see Art Commission, 121-124. auditorium, 354. boundaries, see Boundaries, 1-3. Cherry creek, changing channel of, 333-337. charity and correction, see Charity and Correction, 113-120. civil service, see Civil Service Commission, 1S5-210. elections, see Elections and Election Commission, 166-1884. executive, see Mayor, Sheriff, etc., 24-63. finance and taxation, see Finance and Taxation, 211-251. fire, police and excise, see Fire and Police Board, 64-81. health, see Health Commissioner, 106-112. judicial, see County Court and Justices' Courts, 131-148. legislative, see Aldermen, Council and Supervisors, 4-23. libraries, see Library Commission, 125-130. offices and salaries. 149-165. parks, see Park Commission, 92-105. police, see Fire and Police Board, 64-81. police relief fund, 239-241. public utilities and works, see Public Works, 82-91. public utilities and works, see Public Utilities, 252-269. public improvements, see Public Improvements, 270-332. rights and liabilities, 338-347. schedule, 348-353. supplies, see Commissioner of Supplies, 60-62. DETECTIVE DEPARTMENT— abolished, 153a. who perform duties, 153a. become patrolmen, l-53a. DETENTION SCHOOL— see Charity and Correction, 120. DISEASES— contagious, council maintain Steele Hospital for, 111. DISTANCE— of buildings from park and parkways, 100. DISTRICTS— Cherry creek improvement, 320. election, 353. park, 323. paving, construction of, 272. Platte river, improvement of, 321. public improvements (see same, generally), 270. sewers, construction of, sanitary, storm, etc., 2S4. sidewalks, construction of, 278. suburban improvement, construction of, 319. supervisors, election of, 3. viaducts and tunnels, construction of, 293. DITCH— city, park commission control of, 99. E EASEMENTS— how acquired, 262. EIGHT HOURS— ya day's work under all city contracts, .316. 154 References are to Sections. ELECTION COMMISSION. 169-184. assistants, 153, 154, 183. candidates for — names of, on one ticket only, 172. names of two candidates only on one ticket. 172. canvass returns in five days, 176. certificate of election issued by, 176. contracts of, prepared by attorney, 33. contracts, report violation of, to mayor. 26. county clerk, perform election duties of, 156. county supervisors, perform election duties of, 156. expenses, estimate of, to mayor and auditor, 216. initiative, referendum and recall, examine petition for, 23. justices of the peace, perform election duties of, 156. members — each appoint one judge in each precinct, 174. election, 170. 172. impeachment, 163-165. number of three, 170. oath of office, 151. oaths, may administer, 341. qualifications, 149, 171. salary, $1,000.00, payable monthly. 153, 233. temporary commission. 169. term of office, four years. 168. vacancy, how filled, 173. recall— subject to. 22b. supplies, etc., for, how furnished, 183. temporary commission, members of. 169. temporary commission, powers of (special). 175. tie vote, how determined, 177. ELECTION CONTESTS— procedure in, 182. ELECTION JUDGES AND CLERKS- how appointed, 174. ELECTIONS— see also Officers, aldermen — board of, judge of qualifications, election and returns of its own members, 10. elected one from each ward. 7. president of board, elected by ballot. 7. auditorium bonds, 354. certificates of, issued by election commissioner. 176. charter amendments, etc., 20, 179. contests before county court, 182. districts remain until changed, 353. finding and refunding bonds, 251. general, third Tuesday in May, even years, 166. Initiative, referendum and recall, 20, 21, 22, 22a, 22b. 23. officers elected. 167. precincts remain until changed, 353. registration, etc., general laws apply, 178. special, see Initiative. Referendum and Recall. 20, 21, 22. 22a. 22b, 23. 155 References are to Sections. ELECTIONS— Continued. supervisors, board of — classes of, how determined, 6. judge of qualifications, election and returns of its members, 10. one from each supervisor district, 6. president of, elected by ballot, 6. tie vote, how decided, 177. ELECTION OF OFFICERS— general provision, 167. ELECTOR— qualified elector, 264a. tax-paying, definition, 250, 257. ELECTRIC WIRING AND PLUMBING— inspectors of, report to building inspector, 63. ELECTRICIAN— appointed by mayor, 63. assistants, 63, 154. bond, 152. contracts of, prepared by attorney, 33. contracts, report violation of to mayor, 26. expenses, estimate of to mayor and auditor, 216. fees, etc., collected, paid to treasurer daily, 159, 221-225. oath of office, 151. office open 9 a. m. to 5 p. m., 30. qualifications, 150. removal of, for nonpayment of debts, 161. salary, $2,500.00, payable' monthly, 153-233. term of office four years, 63. ELEVATOR INSPECTOR- see Boiler and Elevator Inspector, 63. EMINENT DOMAIN— see Condemnation Proceedings, also 322. EMPLOYES— definition of, 153. lists of, kept by auditor, 37. pay bills for family necessities, penalty removal, 161. persons constituting, 153. ENGINEER— ' see Public Works, Board of, 82-91. ENGINEERING BUREAU, 89-90. EVIDENCE— accounts stated shall be prima facie, 232. copies of records in clerk's office shall constitute, 38. personal injury cases, 343. published ordinances constitute, 338. EXCAVATIONS IN STREETS— permits, etc., for, 83, 84. EXCISE— see Fire and Police Board, 64-81. EXECUTIVE DEPARTMENT— see Departments, 24-1.30. EXPENDITURES— how authorized, 13, 17. how authorized, if of more than .115,000.00, 13. 150 F References are to Sections. FAMILY NECESSITIES— payment for by appointive officers, etc., 161. FEES, 221-233. after business hours, none, 221. certificates of public records, 37. collected by offices to whom allowed. 159, 222. licenses — liquor, in annexed municipalities, SO. paid to treasurer in advance', 73. transfer of, fee for, 74. uniform fee for liquor licenses. $600.00. 75. officers — after business hours, none, 221. collect fees in advance, 159-222. mileage, 228. pay to treasurer daily, 223. pay to treasurer monthly, 223. report monthly, 227. receipts for, official, 223, 225. paid in advance, 73, 222. paid to treasurer daily, 159, 221-222. paid to treasurer, 222. receipts for, official, 223-225. reports of, monthly to auditor, 227. treasurer, place money in "unapportioned fee fund." 223. "unapportione'd fee fund," 223-227. FEMALES— not permitted in wine room, 7S. FINANCE AND TAXATION— see also "Funds" and particular subjects. accounting, how secured, 243. accounting, uniform system of, 244. accounts of officers settled by auditor, 227. assessment roll certified by assessor to council, 213. assessment roll certified by clerk to treasurer. 213. assessment roll, special assesment, prepared by auditor. 302. audit of accounts, auditors by mayor, 230. audit of accounts, generally by auditor, 230. bill for referred to attorney for opinions, .33. bonds, see Bonds, Public Improvements, etc. budget — council to adopt in December, 21S. filed with auditor, 219. interest and sinking fund to be paid from tax, 220. mayor to council, first Monday in December. 217. mayor's, change in require two-thirds vote, 218. not to exceed 90 per cent, estimated revenue, 219. custodian of public moneys, treasurer, 221. demands against city and county- approved by council, except salaries fixed, 230. verification of, etc., 229. employe, discharge of, reported to auditor in 24 hours, 231. expenses, estimate of by each department to mayor, 216. expenses, estimate of for interest and sinking fund, 216. expert accountant appointed by mayor, 243. fees, etc., collected, paid to treasurer daily, except. 223. fees, etc., collected, report of to auditor 5th each month. 227 157 Reference's are to Sections FINANCE AND TAXATION— Continued. fiscal year commences January 1, 211. funds, see "Funds," etc., 234-23S. funds, expenditure of monthly, 245. indebtedness of city and county- appropriation for necessary to validate, 247. limitation of, 3 per cent, assessed valuation, 250. ordinance authorizing, when irrepealable, 250. interest to be paid from tax on property, 220. limitation of tax levy, 15 mills, except public improvement. 212. Memorial Day, appropriation for, $300.00, 249. mileage of officers, reports of, 228. moneys due city and county, how collected, 232. officers report amount moneys collected 5th each month. 227. officers report mileage charged, etc., monthly, 228. officers report to auditor as to special employes, 229. receipts, official, supplied by commissioner supplies. 224. receipts, official, stubs of delivered to auditor, 224, 226. receipts, official, when to be given, 225. refunding bonds, submission of to vote, 251. reports, all officers, 5th each month to auditor, 227. salaries, generally, see "Salaries," 153. salaries, audited and allowed. 230. salaries, payable monthly. 233. stated accounts by auditor, 232. sinking fund, paid from tax on property, 220. taxes collected by treasurer under general law, 214 tax levy, council make, clerk certify to treasurer, 212. 213. unapportioned fee fund- apportionment of, how made, 227. consists of what moneys, 223. FINES, FORFEITURES, ETC.— appeals from to county court from justices, etc., 144, 340. charter, violation of, misdemeanor, $100.00 and three months, 34(_». civil service, violation of, $100.00 and thirty days, 210. council provide for enforcing ordinances, $300.00 and ninety days, 17. depository bank, failure to make quarterly report, $500.00, 58. jurisdiction original and exclusive in justice's court. 142. 340. posse comitatus, refusal to obey mayor's call for, 27. selling liquor without license, $10.00 to $100.00 and ten to thirty days, 79. treasurer, failure to report, $500.00. 55. FIRE AND POLICE BOARD, 64-81. appointed by mayor, 64. appointments by — assistants generally, 64. excise officers, 72. firemen, etc., 66. policemen, etc., 65. secretary, 64. assistants, apointment of, 64. chief of the fire department, appointment of, 66. chief of the fire department, .salary $3,600.00, 1.j3a. chief of police, appointment of, 65. chief of police, not under civil service, 192. chief of police, salary $3,600.00, 15.3a. chief of police, removal of, 65, 161. civil service, department under, 192. commissioners of excise, fire and police (see members hereunder), 64. contracts of, prepared by attorney, 33. 158 References are to Sections. FIRE AND POLICE BOARD, 64-Sl— Continued. contracts of, report violation of to mayor, 26. contracts of, police stations and fire houses, erection of, etc., 68. deputy police chief, salary $2,400.00, 153a. deputy tire chief, salary $2,400.00, 153a. duties of, 64-81. employes, appointment of, see also Civil Service Commission. 64, 192.. removal of, 161, 204. expenses, estimate of to mayor and auditor, 216. expenses, full control of within appropriation, 67. fees, etc., collected paid to treasurer daily, 159, 221-225. fire department, 66. firemen, etc., appointment of, 66, 204. grades, 153a. removal of, 161, 204. salary of, 153. firemen, etc., temporarily disabled, full pay, 162. firemen, vacation, 15 days with full pay, 162. firemen's pension fund, 242. gambling, etc., suppression of, 65. licenses, full power to grant, 70, 73. licenses, bills for ordinances concerning, referred to attorney, 33. licenses, liquor, sale of— council provide for, by ordinance, 75. fees for ($600.00), must be paid before issuance of, 73-75. petition by property owners in block, 75. record of kept by board, 72. transfer of, fee $10.00, 74. two convictions, no new license to be Issued, 70. members — appointed by mayor, 64. arrests by, with or without process, 157. bonds of $5,000.00 each, 152. excise, commissioner, president of board, 64. e'xcise, commissioner reports to, by policemen, 79. excise, commissioner salary $3,000.00, payable monthly, 153- fire commissioner, salary $2,500.00, 153. oath of office of, 151. police commissioner, salary $2,500.00, 163. political faith of one different from other two, 64. removal from office, 64, 161. term of office, four years, 64. oflJices of, how furnished, 64. offices of open 9 a. m. to 5 p. m., 30. police department relief fund, 239-240. police force, how constituted, 65. police oflficer — appointment of, 64, 192-204. duties of, 65, 79. grades, 153a. number of (1 to 1,000 population), 153. relief of, 239. removal of, 161, 204. salaries of, 153. special, appointment of, 69. temporarily disabled, full pay, 162. vacation, 15 days with full pay, 162. president, commissioner of excise, 64. president, oaths, may administer, 341. 159 References are to Sections. li'IRE AND POLICE BOARD, 64-81— Continued, prize fights, etc., prohibited, 65. purchase' sites for police and fire stations, 68. records of shall be public, 155. rules of office, how made, 32. secretary of, salary $1,800.00, 64. 233. vacation, all members department fifteen days, full pay, 162. FIRE COMMISSIONERS— see Fire and Police Board, 64-81, 152-153. fireman's pension fund, 242. FIRE WARDENS— report to building inspector, 63. FISCAL, YEAR— January 1 to December 31, 211. FLOATING INDEBTEDNESS— refunding of, 251. FRANCHISES, 265-2«9.. bill for referred to attorney, 33. charges, public utility corporations, 20-23, 268. council grant license or permit, 269. exclusive, may not be granted, 267. grant of, how made, 265-267. limitations, twenty years, etc., 266. ordinance, submitting, advertisement of, thirty daj's, 267. permit or license, council may grant, 269. parks, for special privileges in, not to be granted. 99. FUNDS— see also Finance and Taxation, 234-242. bonded indebtedness, interest, 236. records of, kept by auditor, 47. statements of, weekly, to heads of departments, 47. firemen's pension, 242. to keep account with each fund, 53. warrants on, how paid, 53. park, 236. park district funds kept separate, 329. park quarterly statement or, 56. police department relief, 239-241. deposit of, bank, bond of, 58. appropriation for, 240. composition of, 240. custodian, treasurer, 241. disposition of, 239. investment of, 241. not to be transferred, 241. public library, 236. sinking, 236, 238. ^ special deposit, 23S. unapportioned fee fund, apportionment of, 227. how constituted, 223. G ■GAMBLING— suppression of, 65. •GAS AND WATER CONNECTIONS- before paving, 317. IGO References are to Sections. GENERAL LAW IN FORCE CONCERNING— condemnation proceedings, auditorium, 322. condemnation proceedings, parks, 325. condemnation proceedings, streets, etc., 322. election contests, 182. elections, 178. fireman's relief fund, 242. liquor traffic, 81. municipal court, 141. taxes, collection, payment, etc., 214, 215. GENERAL PENALTY CLAUSE— fine and imprisonment, 340. GLOVE CONTEST— in the nature of a prize fight, police not permit, 65. GRADES— see Public Works, Board of, exclusive power, 84. GRAND ARMY CEMETERY— care of graves, $200 annually, 249. GUARANTEES FOR PAVING, ETC., 272-7. H HEALTH— see Health Commissioner, 106-112. HEALTH COMMISSIONER, 106-112. appointed by mayor, 106. arrests, power to make, 158. assistants, 154. bonds, 152. city and county hospital, control of, 106, 110. city and county physicians, appointed by. 110. city dumps, charge of, 158. contracts of, prepared by attorney, 33. contracts, report violation of to mayor, 26. conservator of the peace, 158. enter dwelling on warrant from justice, lO'V. expenses, estimate of to mayor and auditor, 216. fees, etc., collected, paid to treasurer daily, 159, 221-225. garbage, control removal of, 106. oath of office, 151. oaths, may administer, 341. office open 9 a. m. to 5 p. m., 30. qualifications, 150. removal of for nonpayment of debts, 161. records, public, 155. reports, publish same, 112. HEALTH COMMISSIONER, 106-112-Continued. rules of office, how made, 32. salary, $4,000.00, payable monthly, 153, 233. sanitary supervision of, 106. Steele Memorial Hospital, have charge of, 106. term of office four years, 106. vacancy, how filled, 31. violation of contracts, report to mayor. 26. visiting staff, 109. HIGHWAYS COMMISSIONER— see Public Works, Board of, 91. IGl References are to Sections. HOSPITALS— city and county, 106. enlargement of, etc., 111. resident physicians in, 110. Steele Memorial, charge of, 106. I IMPEACHMENT, 163-165. aldermen, board of, may prefer, 163. articles of, by mayor and board of aldermeii, 163. attorney prosecute, 164. elective officers, may be impeached, 165. grounds of impeachment, 165. punishment on conviction, 165. supervisors try impeachments, 164. trial- county judge preside, 164. questions of fact decided by supervisors 164. questions of law decided by judge, 164. of supervisor before county court, 164. vote necessary to convict (5), 164. INDEBTEDNESS— see Bonded Indebtedness, Bonds, Public Improvements, Parks, Library, etc. INCOME AND REVENUE— apportionment of, 234. INITIATIVE, REFERENDUM AND RECALL— general provisions, 20. initiative — signatures required, S**, submitted at next municipal election, 22. signatures required, 15j^, submitted at special election, 22. publication, 22. ordinance adopted by people shall not be amended nor repealed by council, 22. referendum — ordinance passed by council, take effect thirty days, exceptions, 21 petition, how filed, 21. signatures required, 21. council call election, when, 21. ordinance defeated by people, shall not be passed by council, 21. procedure — ballot, wording of, 22a. adoption, majority for, 22a. inconsistent measures, 22a. elections, how held, 22a. registration, 22a. recall— s any officer subject thereto, 22b. petition, 25;^ of total vote cast, 22b. special elections, how held. 22b. grounds for recall, 22b. candidates- officer on ballot, 22b. other nominations, 22b. who elected, 22b. 1G2 References are to Sections. INITIATIVE, REFERENDUM AND RECALL— Continued, petitions — form of. 2,"?. .filed witfi city clerlt, 23. transmitted to election commission, 23. .'sufficient petition, protest, 23. insufficient petition, how corrected, 23. elerli transmit petition to council, 23. council call an election, 23. finding- of election commission subject to review by court, 23. INJURIES TO PERSONS— examination of plaintiff, 343. notice of to city within sixty days, 342. right of city to recover against third person, 344. INSPECTION, 63. INSTALMENTS— see Public Improvements. INTEREST— generally not to exceed six per cent., 304. certificates for laying sidewalks not in districts, 1 per cent, per mo.. 2S0. installment for pub. imp. not paid when due, 1 per cent, per mo., 306. payable' from tax on property, 220. public utility bonds not to exceed 4 per cent, per annum, 259. treasurer pay without warrant, 54. INTERMENT OF DEAD— within city limits, forbidden. INVENTORY— all city property in December by commissioner of supplies, 60. all city property in report of to mayor and council, 61. JAIL— children under sixteen not to be kept in, 120. JOURNAL OF COUNCIL— bonds cancelled, certificate of clerk incorporated in, 49. clerk of city and county shall keep, 11, 37. transcript of shall be evidence in all courts, 38. JUDICIAL DEPARTMENT— see County Court, 131-140, 352. see Justice's Court, 141-148, 352. see Police' Magistrate's Courts, 351. JUDGMENT— for personal injuries, city have right against negligent person, 344. JURISDICTION— see County Court, 132. see Fire and Police Board, 65. JURORS— county court, how drawn, 138. JURY SERVICE— members of council exempt from, 8. 1(J3 References are to Sections. JUSTICES' COURTS, 141. fees collected paid to treasurer daily, 1.59, 221-225. justices of tlie peace. 141. election, 167. impeachment, 163-165. oath of office, 151. qualifications, 141. • removal from office, 165. salary, $2,000.00, 153. term of office, two years, 41. vacancy, 31. . • records, public, 155. JUSTICES OF THE PEACE— see Justices' Courts. JUVENILE COURT— appoint superintendent detention school, 120. see also County Court, 131-140. • L LACOMBE ELECTRIC CO.— , city released from contract, 263a. LAND— see Real Estate. LAW DEPARTMENT— , see Attorney, 33-36. .' LEGAL PROCESS— served on mayor, 2. LEGISLATIVE DEPARTMENT— see Aldermen, Board of. Supervisors, Board of. Mayor, Ordinances, Coun- cil. '. LEGISLATIVE POWER— vested in council, 4. veto by mayor, 15. LIABILITIES AND ASSETS— tables of, kept by auditor, 47. LIABILITY FOR INJURIES— only wheti notice given, 342. examination of plaintiff, 343. recover against third parties, 344. LIBRARY COMMISSION, 125-130. i appointed by mayor, 125. contracts of, prepared by attorney, 33. contracts, report violation of, to mayor, 26. expenses, estimate of, to mayor and auditor, 216. funds of, exclusive control of, 126. gifts and trusts, may administer, 126. members- appointed by mayor, 125. ' classes, two, four, six and eight years. 125. ' number of, eight, 125. i oath of office, 151. oaths, may administer, 341. qualifications, 125, 150. removal of, nonpayment of debts, 161. salary, none, 125. 1()4 References are to Sections. LIBRARY COMMISSION", 125-130— Continued, members— continued. term of office, eight years, 125. vacancy, how filled, 31. women, two shall be, 125. north side reading room to be maintained, 129. public library, exclusive charge of, 126. public library fund, exclusive charge of, 126. public library, shall be conducted on open-shelf system, 128. records of, shall be public, 155. reports, annual, to mayor, 130. rules of office, how made, etc., 32, 126. South Platte library to be maintained, 129. LIBRARY FUND— council appropriate $30,000.00 annually, 127. exclusive control in commission, 126. LICENSE INSPECTORS— appointed by auditor, 72. arrests, may make, 72. LICENSES, 70-81. collection of fees by license inspectors, 72. council provide by ordinance for issue of, 71. fee paid to treasurer before issue of, 73. issued by fire and police board, 70. liquor, see Fire and Police Board (liquor licenses), 70-81. transfer of (liquor licenses), 74. LIEN ON" REAL ESTATE— for public improvements, see Public Improvements. LIENS ON REAL ESTATE— for public improvements, 301. for sidewalks not in sidewalk district, construction of. 2S0. for viaducts and tunnels, lien on rights of way, R. R. companies, 296. error, etc., in assessment, not to affect, 302. LIMITATION— of action against city for public improvemetits, 90 days, 332. of assessment for public improvements, except by petition. 50 per cent, as- sessed value, 272, 3. of assessment for suburban improvement districts, none, 319. 3. of size of paving district without petition, 12 blocks, 272, 3. of size of paving district in suburban improvement district, none, 319, 3. of public indebtedness, 3 per cent, assessed valuation, 250. LIMITS— city and county, see Boundaries, 1-3. LIQUOR— sale of, see Fire and Police Board, Licenses, 70-81. LIQUOR ORDINANCES— of annexed towns remain in force, SO. LIQUOR TRAFFIC— regulation of, general law govern, 81. LOCAL IMPROVEMENTS— see Public Improvements, 270-337. 1G5 M References are to Sections. MACADAMIZING— guarantee for two years, 272, 7. MAPS, PLATS, ETC.— custody of, in board public works, 90. MARKET MASTER— appointed by mayor, 63. assistants, 63, 154. bond, none fixed, 152. contracts of, prepared by attorney, 33. contracts, report violation of, to mayor, 26. expenses, estimate of, to mayor and auditor, 216. fees, etc., collected, paid to treasurer daily, 159, 221-225. oath of office, 151. qualifications, 150. receipts, offlcial, receive book from commissioner of supplies, 224. removal of, for nonpayment of debts, 161. salary, $1,200.00, payable monthly, 153, 233. term of office, four years, 63. vacancy, how filled, 31. MAYOR— acting- mayor not sign or veto until last day, 28. acting mayor, no appointing power, 28. acting mayor, who becomes, 28. appoints following officers — aldermen in case of vacancy (with consent of board), 31. art commission, 121. attorney, 33, 150. boards, except when otherwise' provided, 150. boiler and elevator inspector, 63. building inspector, 63. civil service commission, 185. commissioner of supplies, 60. commission of charity and correction, 113. commissions, except when otherwise provided, 150. county judge, in case of vacancy, 139. county office, one to perform duties of, when, 156. county office, if one newly created, 156. election commissioner, when, 173. electrician, 63. expert accountant, 243. fire and police board, 64. heads of departments, except, when, 150. health commissioner, 106. library commission, 125. market master, 63. municipal court judge, 141. park commission, 98, 150. public works, board of, 82. superintendent of street sprinkling, 32. supervisor in case of vacancy (with consent of board), 31. vacancy, to fill, when, 31. appropriation, may veto item, 15. approve appointment of— deputy commissioner of supjjlies, 62. superintendent city and county farm, 115. arrests, may make, with or without process. 157. art commission, receive advice from, when, 122. 106 References are to Sections. MAYOR— Continued. auditor and employes, audit accounts of, 230. banks, depository, approve selection of, 58. banks, depository, fix bond of, 58. bonds of city and county, cancel when paid, 4. bonds of city and county, sign, 29. bonds of certain officers, approve, 152. bonds of certain officers, fix amount of, etc., 152. bonds in behalf city, may sign without sureties, 339. budget- change of, requires two-thirds vote', 218. details of, 218. filed with auditor, 219. presented to council first Monday in December, 217. chief executive of city and county, 25. conservator of the peace, 157. contractor, approve bonds of, 61. contracts — approve letting of, 61, 270. enter into contract with Denver Gas & Electric Company for street arc lamps ($60.00), 263a. enforce, 26. receive reports of violation of, 26. sign on behalf of city and county, 29. council — give information of state of city to, 25. recommend measures to, 25. report remission of fines to, 25. special meetings of either board, call, 19. death of, successor president board of supervisors, 28. departments, meet with heads of, 32. disability, who acting mayor, 28. election, third Tuesday in May, 167. enforce ordinances and laws, 25. executive, chief, 25. executive function, assign to department, when, 16. fines and penalties, may remit, 25. funding bonds, submit to vote', 251. heads of departments, meet with, .32. impeached— may be, by board of aldermen, 163. tried by board of supervisors, 164. penalty if found guilty, 165. impeachment, present articles of, 163. laws and ordinances to be enforced by, 25. legal adviser, attorney, 33. legal process to be served on, 29. oaths, may administer, 341. office open from 9 a. m. to 5 p. m. daily, 30. official acts, how attested by clerk, 37. ordinances — to be enforced by, 25. appropriating money, veto one item, 15. signed or vetoed by, 15. parks, approve expenditure of money for, 97. penalties and fines, may remit, 25. posse comitatus, may call out, 27. process to be served on, 29. public improvements- bonds, approve and sign, 312. 167 References are to Sections. MAYOR— Continued. public improvements — concluded, bonds, sale of, approve, 312. Cherry creek, approve expenditure, 336. contracts, award, 270, 315. public utilities, purchase of, get opinion attorney, 255. public utilities, purchase of, concur or not, 256. real estate sold for public improvements, give treasurer authority to pur- chase, 309. refunding bonds, submit to vote, 251. recall — subject to, 22b. removal of, who successor, 28. remove — civil service commissioner, how, 185. Are and police board, how, 64. board of public works, how, 82. report to council budget first Monday in December, 217. report to council remission of fines, 25. reports from— attorney, February 1, 35. auditor, amount payable bond interest and to provide sinking fund, first Monday in Nevember, 216. auditor to mayor and council as asked, 47. building inspector, violation of contracts, 63. clerks, 5th day of each month, 37. commissioner of supplies, monthly, 61. commissioner of supplies, inventory in December, 61. depository bank, quarterly, 58. heads of departments, estimated expenses, first Mondaj^ in Novem- ber, 216. injuries, personal, on streets, etc., 342. public works, board of, as to purchase of public utilities, 254. resignation of, who successor, 28. resolution, may sign or veto, 15. salary $6,000.00, 153. sign contracts and bonds, 29, 312. sign ordinances and resolutions, 15. sign ordinances as recommended by Public Utilities Commission, bonds, 264a. sites for fire and police stations, approve, 68. special meetings, either board of council, call. 19. street sprinkling, control of, 32. suits, may direct attorney to comm.ence, 33. term of oflSce, four years, 167. vacancy in appointive office, may fill, 31. veto of ordinance or resolution, 15. veto of item in appropriation ordinance, 15. MEASURE— submission of, to popular vote, 20-23, 179.' MEMORIAL, DAY EXERCISES— $200.00 appropriated annually, 249. MILEAGE— see Officers, reports of, 228. MISDEMEANOR— selling liquor without a license, 79. penalty- first offense, $10.00 or 20 days, or both. 79. second offense, not less than $100.00 or 30 days, or both, 79. second offense, refusal of license, 70. 168 References are to Sections. MISDEMEANOR— Continued, violation of charter, 340. jurisdiction, justice of the peace, 340. penalty, not exceeding $300.00 or three months, or both, 340. MONET— see Finance, Treasurer. MUNICIPAL COURT— absence of judge, 141, paragraph 1. clerk, bailiff, etc.— oath and bond, 141, paragraph 6. powers and duties, 141, paragraph 6. salaries fixed by ordinance, 141, paragraph 7. creation of, 141, paragraph 1. judge- appoint clerk and bailiff, 141, paragraph 6. appointed by mayor. 141, paragraph 1. bond, $5,000.00, 141, paragraph 2. oath, 141, paragraph 2. qualifications, 141, paragraph 1. salary, $2,500.00, 141, paragraph 7. term of office, 141, paragraph 1. jurisdiction, 141, paragraph 2. power to make rules, etc., 141, paragraph 3. procedure, 141, paragraph 5. sessions, daily, 141, paragraph 4. take effect, 141, paragraph S. N NEGLIGENCE— causing personal injuries, 342-344. examination of plaintiff, 343. notice of, in 60 days to render city liable, 342. right of city to recover against third persons, 344. NOTICE— assessmetits, see Public Improvements, personal injuries, 342. NUISANCES— abatement of, 17. O OATHS AND AFFIRMATIONS- who may administer, 341. OATH OF OFFICE, 151. OFFICIAL PAPER- must be daily, printed in English, 62. OFFICES— in public buildings, open 9 a. m. to 5 p. m., 30. OFFICERS— accounts of, how audited, 230. accounts of, settled monthly by auditor, 227. appointment of, by mayor, except when. 150. appointive, removal of, for nonpayment of debts, 161. boards, commissions, etc., appointed by mayor, 150. boards, commissions, etc., records of, 155. bonds of, in official capacity, may be signed by mayor or other officer, 339. bonds of, see Bonds of City and County Officers, 152. contract with city, may not be interested in, 181. county officers, who perform duties of, 156. 169 References are to Sections. OFFICERS— Continued. duties of, general, 156. duties of, special (see also particular officer), 155. employes — definition of, 153. discharge of, report to auditor by employer, 231. employment of (see also particular officer), 154. reports to auditor as to service of, 229. executive; see Mayor, etc., 24-130. failure to account for money or property, 232. fees and compensation of — collected in advance and paid to treasurer, 159, 221. mileage, reports as to, 228. none to be collected, except, 159, 221. paid to treasurer daily, 223. receipts for, official, to be given, 224, 225. reports of, to auditor, 5th each month, 227. heads of departments, etc., may employ assistants, 154. ineligible, becoming so vacates office, 180. judicial, see County Court and Justices' Courts, 131-148. legislative, see Aldermen, Supervisors and Mayor, 4-23. mileage of, reported to auditor monthly, 228. oath of office, 151. other office paying compensation, may not hold, 347. qualifications (see also particular officer), 149, 150. recall — subject to, 22b. records of, etc., to be public, 155. removal of, in appointive, for nonpayment of debts, 161. removal of, if elective, impeachment, 163-165. reports of, as to fees, etc., each month to auditor, 227. residence of, see Aldermen, Park Commissioner, Supervisor, 180. salaries (see salaries and particular departments), 153. stated accounts against, by auditor, 232. OFFICIAL, BONDS— see Bonds, 152. OFFICIAL, PAPER— must be daily, printed in English, 62. OFFICIALS— see Officers. OPINIONS— by attorney, when and to whom rendered, 33. by attorney, public utilities, purchase of, 255. ORDINANCES— see Council, Clerk, Aldermen, Supervisors. amendment of, 13, 18. appropriating money, one item may be vetoed, 15. appropriating over $5,000.00, advertisement of, 13. attorney render opinion within 5 days, 33. bill for, how introduced, read in full, 13. bill for, in re franchises, licenses and taxation, referred to attorney, 33. bonded indebtedness, creating same, irrepealable until paid, 250. council act only by, in what matters, 13. custodian of, clerk, 37. enacting clause, style of, 14. enforcement of, council provide for, 11. enforcement of, mayor attend to, 25. franchises, bills for, referred to attorney, 33. licenses, bills for, referred to attorney, 33. 170 References are to Sections. ORDINANCES— Continued, licenses, provide for, 71. mayor sign or veto, in five days, 15. mayor receive), in 24 hours after passage, 15. original rolls of, in custody of clerk, .37. passed only by bill, 13. passage over veto, 15. petition for, 22, 22a, 22b, 23. presented to mayor in 24 hours, 15. proof of, 338. proposed by petition. 22, 22a, 22b, 23. provide for, generally, 4, 17. provide for, specifically, 17. publication of, payment of bill for, 13. referred to attorney for opinion, when. 33. refer to one subject only, 13. seal to be provided by, 39. signed by mayor, 15. style of, 14. take effect, thirty days, exceptions, 21. taxation bills concerning, referred to attorney, 33. veto of, by mayor, 15. veto of, by acting mayor, 28. viaducts, etc., requiring R. R. companies to construct, not repealable, 297. PARK BONDS— general provisions, 97. 105, 326, 328. PARK COMMISSION— appointments by- secretary, salary, $1,500.00, 93. superintendent of parks, salary not fixed, 95. assistants, howr provided for, 93, 154. bonds for park purposes, exclusive control of, 97. city ditch, exclusive control of, 99. fiscal year same as calendar year, 98. licenses within 300 feet park entrance, etc., control of, 99. meetings, first Tuesday each month, 96. members- appointed by mayor, 92. bonds, none fixed, 152. moving out of district vacates office, 180. number of, five, 92. oath of office, 151. oaths, may administer, 341. removal of, for non-payment of debts, 161. qualifications, 92, 150. salary, none, 92. term of office, five years, 92. museums, exclusive control of, 102. natural history, may establish collections of, 102. parks and park ways, exclusive control of, 99. building lines on, may establish, 100. park fund, exclusive control of, 97. powers of, generally, 99, 102. president, appointed as such. 92. property conveyed for park purposes, control of, 102. records of, to be public, 155. report to mayor and council in January, 98. rules of, how made, 32. 171 References are to Sections. PARK COMMISSION— Continued. rules of, how enforced, council make provision. 99. special meetings, 96. zoological gardens, exclusive control of, 102. PARK DISTRICTS— acquisition of parks, etc., in, 323. assessment of cost of parks, etc., in, 298-300, 328. bonds of, how issued, etc., 326, 327. boundaries and names of, 323. commissioners appointed, one from each, 92. expenditures of moneys in, how made, 105, 329. number of, four, 323. parks in, how paid for, objections, etc., 326, 327. special assessments in, 324, 327. PARKS AND PARK WAYS— see also Public Improvements. appropriation for, council to levy one and one-third mills, 105. bonded indebtedness for, 105. bonds for purchase of, 326, 328. condemnation proceedings for securing, 325. control of, 95, 99. funds commission exclusive control of, 97. gifts for, control of, 102. heavy traffic in, how prohibited, 99. installments, payment by, 10 years, 304. museums, etc., in control of, 102. payment for, how made, 326, 328. privileges in, how controlled, 97, 99. purchase of, how made, 298-300, 324, 328. railway in, franchise for, not to be granted, 99. residences fronting, building line for, 100. sold or leased, may not be, 101. special assessment for purchase' of, 326, 328. special privilege, franchise for, not to be granted, 99. superintendent of, appointed by commission, 95. PATROLMEN— see Fire and Police' Board, Police Officer, 153. general penalty clause, 340. PAVING— see Public Improvements, etc., 272. PENALTIES— ■ - see Fines and Penalties, general penalty clause, 340. PERMITS— for excavations, granted by board public works, 83. for liquor business, 73, 79. for use of streets, granted by council, revocable, 269. PERSONAL PROPERTY OF CITY— custodian of, commissioner supplies, 60. PERSONAL INJURY— see Injuries, 342-344. PETITION— see Public Improvements, petition. Initiative and referendum, 20-23. liquor license, majority frontage of block, 75. 172 References are to Sections. PHYSICIANS— city and county and hospital, appointed by health commissioner, 110. PLATTE RIVER— improvement of, 83, 321. PLATS, MAPS, ETC.— custody of, 90. PLATS OE: ADDITIONS— submitted to council for approval, 345. PLUMBING INSPECTOR— report of building inspector, 63. POLICE— see Fire and Police Board, 64-81. vacation, fifteen days, full pay, 162. disability, temporary, full pay, 162. POLICEMAN— see Fire and Police Board, 64-81. POLICE COMMISSIONER— see Fire and Police Board, 64-81. POLICE DEPARTMENT— see Fire and Police Board, 64-81. POLICE DEPARTMENT RELIEF FUND— see Funds, 239-241. POLICE MAGISTRATE'S COURT— see Municipal Court, 141. justices' court successor of, 351. saving clause, 351. POLICE POWER— conferred on license officers, 72. POLITICAL FAITH— fire and police board, one member different from other two, 64. public works, board of, one member different from other two, 82. POLITICAL PARTY— chairman of, nominate election commissioner to fill vacancy, 174. civil service commission, one member belong to different, from other two, 185. POLLING PLACES— see Election Commission, 169-184, 353. remain until changed by ordinance, 353. POOR FARM— see City and County Farm, 115. POSSE COMITATUS— mayor call, penalty failure to obey $300.00, 27. PRECINCTS— see Election Commission, 169-184, 353. division into, 2. remain until changed by ordinance, 353. PRESIDENT— board of aldermen, 7, 153. board of supervisors, 6, 153. park commission, 92. 173 References are to Sections. PRIMARY ELECTIONS— rules for, temporary election commissioner make, 175. PRIVATE SANITARY SEWER— connection of, with main, 287, 288. PRIVILEGES IN PARKS— franchises for, not to be granted, 9. PRIZE FIGHTS— police' to prohibit, 65. PROCESS— legal, must be served on mayor, 29. PROOF OF ORDINANCES, 338. PROPERTY OWNERS IN BLOCK— petition for liquor license, 75. PROPOSALS TO FURNISH SUPPLIES, 60-62. PUBLICATION— of ordinances, 13. of other notice's, 62. ofRcial paper, 62. of reports, auditor and treasurer, 56. PUBLIC BUILDINGS— custodian of, commissioner of supplies, 60. construction of, in charge of board public works, 83. PUBLIC INSTRUMENTS— attestation of, by clerk, 37. PUBLIC HEALTH— see Health Commissioner, 106-112. PUBLIC IMPROVEMENTS, 270-332. appropriations for, expended by board, 88. assessment, estimate of, how stated, 330. assessments, parts of, payable by city and county, see "cost of" Assess- ment and Payment — advertisement, notice of completion of work, 299. advertisement, sale for special assessment, 308. assessments — amendment oi, 301. advertise sale of lands for, 308. due in 30 days, 303, 307. invalidated, cured by subsequent action, 301, 302. lands sold, purchased by treasurer, when, 309. payable in installments if not paid when due, 303. shall be a lien, 301. portion of, payable by owner of portion of land, 310. assessment roll, prepared by auditor, etc., 302. assessment roll, specific descriptions of land in, 330. certificates of purchase at tax sale, sale of, 309. complaints, filed in 60 days, 299. completion of work- statement of cost filed with clerk, 298. notice of, advertised by clerk, 299. hearing before board of supervisors, 299. consent of owner to improvements, etc., how shown, 303. estoppel by election to pay in installments, 303. equalization, supervisors sit as board of, 300. how made, 273-279-286-296, 298-311. 174 References are to Sections. PUBLIC IMPROVEMENTS, 270-332— Continued, assessments— continued. notice of completion, advertised 10 days by clerk, 299. installments- net paid when due all due, interest one per cent, per month, 306. election to pay in, when made, 303. failure to pay, 306. payable from two to ten years, 303. record of, when due, etc., 302. when payable, board determine, 304, 305. . interest not exceed six per cent., payable annually, 304. lots, description of, 277. lien, assessment shall constitute, 301. limitation of, 50 per cent, assessed value, except by petition, 72, 3. limitation of, suburoan improvement district, none, 319-323. payments made in 30 days, allowance for, 307. assessor's duties, 302. board of equalization, supervisors sit as, 300. bonds- approval by president board endorsed thereon, 312. attested by clerk's seal, 312. form of, prescribed by board, 312. guarantee of, requires two-thirds vote of council, 313. issued by treasurer, 312. payable in Denver or New York, 313. payable from moneys collected from assessments only, 312. proceeds of, expended by board, 8S. receipts for, how expended, 312. registered by auditor, 312. sold by board, 88. subject to call of treasurer, 312, 314. Cherry creek. Improvement of, 320. Cherry creek, changing channel, 333-337. construction of, by board, 83, 270. contracts — advertisement for, 10 days, 315. awarded by mayor, 315. bids for, all may be rejected, 315. bond for, must be surety company, 315. conditions of, 316. default of, proceeding, 315. eight-hour day clause, must contain, 316. let to lowest bidder, 315. letting of, conditions, 87. power to make, 270. subject to provisions of this charter. 316. suspension of work under, 316. cost of— I payable by property benefited, 270. part payable by city and county, 273. boulevards, 273. Cherry creek, 320. generally, 270. ^ intersections, 274. Platte river, 321. V-shaped lands and large intersections, 276. council, findings of, when conclusive, 272, P. day labor, when work may be done by, 270, 280. 175 References are to Sections. PUBLIC IMPROVEMENTS, 270-332— Continued. ' districts for construction of, generally, 270. i Cherry creek, 320. paving, 272. Platte river, 321. sewers, sanitary, storm, combined, intercepting, special, sanitary, 282, 286. sidewalks, 278. suburban improvement, 319. viaducts and tunnels, 293. eminent domain, 322. estimate of cost, how stated, 330. frontage of lots, definition of, 273. figures may be used instead of words, 330. Fourteenth street viaduct, excepted in ratification of acts of board of pub- lic works, 332. guarantees by contractor, 272-277. kinds of, that board may order, 272. lots, description of, 277. limitation of actions, 90 days, 332. macadamizing, "paving" includes, 272. notice to property owners, 272-2. ordinance authorizing, how published, etc., 13. ordinance for necessary, 271. paving, 272-277. alleys, not subject to remonstrance. 275. ' amendment to proceedings of board, when made. 272, 6. assessment of cost, 270, 273, 298-311. assessment of cost of intersections, 274. assessment of cost of irregularly-shaped lots, 276. authorized by ordinance, 271. boulevard, cost may be paid by city and county, 273. cement curb and gutter, guarantee two years, 272, 7. competition to be genuine, 272-5. contracts for, awarded by mayor, 270. cost of — assessed by frontage, 273. not to exceed engineer's estimate, 272-1. not to exceed 50 per cent, assessed valuation except by petition. 272-3. I payable, in whole or in part, by property benefitted, 270. ' day labor not employed when special assessment, 270. ' definition of, 272. ' district- how organized, includes what, 272. size of, without petition, not over 12 blocks, 272-3. size of suburban improvement district, no limit, 319-3. engineer estimate cost of, 272-1. findings of council conclusive as to what, 272-9. frontage of lots, definition of, 273. gas and water connection, may be ordered made, 317. guarantee, for five years, 272-7. intersections, cost of, how assessed, 274. installments, payment by, ten years, 304. improvements already done, property excepted, 272-8. irregularly-shaped lands, how assessed, 276. kind of, one-third property owners determine, 272-3. macadamizing, guarantee, two years, 272-7. material from specific locality not specified, 272-3. material, standard of purity, etc., 272-5! 176 References are to Sections. PUBLIC IMPROVEMENTS, 270-332— Continued. paving, 272-277— continued. notice of, what contain, 272-2. objections to, how made, 272-2. ordinance for, not to be changed by council, 271. paving, definition of word, 272. petition — findings of council conclusive as to, 272-9. for, one-third frontage, 272-3. for, not required, 272-3. for, contents of, 272-3. petitioners for, can not sign remonstrance, 272-4. real estate, definition of term, 277. remonstrance — 35 per cent, defeat improvement, 272-4. may not be signed by signer of petition, 272-4. finding of council conclusive, 272-9. to paving alleys not allowed, 275. specifications, standard of purity, etc., 272-5. "street," definition of, 277. unusual area of intersections, assessment of, 276. V-shaped lands or lots, assessment of, 276. water connections, may be ordered first made, 317. without petition, 12 blocks only, 272-3. zones of assessment, 273. petition- already filed, action on, 331. Cherry creek, none necessary, 272-1-2-6, 320. council, finding of as to, final, 272-9. parks, purchase of, none necessary, 324-328. paving, 272-3. Platte river, none necessary, 321. sewers, none necessary, 284-285. sidewalks, none required, 278. signer of, not sign remonstrance, 272-3-4. suburban improvement district, 10 per cent, area, 319-2. viaducts and tunnels, none necessary, 293. plans, specifications, etc., 272. Platte river, improvement of, 321. power to contract for, and make, 270. proceedings already commenced, to be continued, 331. proceedings of board may be modified or rescinded, 272-6. public works, board of, previous acts ratified, except, 3az. real estate — definition of, 277. description of, 277, 330. improvements previously made, credit for, 272-8. owner part interest, may pay part of cost, 310. sale of by treasurer, 308-309. unplatted, description of, 277. shaped or irregular lands or lots, assessment of, 276. remonstrance against construction of, 272-4. sewers, 282-292. assessment for- declared illegal, council fix amount to be paid before connection can be made, 292. held invalid, correction made by council, 292. how made, by area, 286, 298-311. paid before connection can be made, 291. 177 References are to Sections. PUBLIC IMPROVEMENTS, 270-332— Continued, sewers, 282-292— continued. combined sewer district may be established, 284, 289. condemnation, rights of way, etc., 283, 290. connections with — cost of, must first be paid, 291-292. council may compel, 288. temporary, owners out of district, 287. construction of, by board, 283. construction of, procedure, 272, 289. construction of, without city and county limits, 290. cost of, how assessed, by area, 286. districts, establishing- requires two-thirds vote, 284. districts, organization of, 284, 289. mtercepting sewer district, establishment of, 284, 289. maintenance of, without city and county limits, 290. ordinance establishing requires two-thirds vote, 284. petition, not subject to, 289. private, connection of with district sewer, 287. private, construction of, 288. remonstrance, not subject to, 272-4, 289. rights of way, securing same, 283. rights of way, securing same without city limits, 290. sanitary ,sewer district, establishment of, 284, 289. special sanitary sewer district, see 284, 289. storm sewer district, establishment of, 284, 289. sub-district laterals, when to be constructed, 285. sub-district laterals, cost of, how assessed, 286. sub-mains, district sewers include, 284. systems, sanitary, storm, combined, intercepting and special sani- tary, 282. temporary connection, how made, cost of, 287. sidewalks, 278-281. assessment, how made, by frontage, 279, 298-311. construction of, in districts, 278, 279. construction of, not in districts, 280. contract for walks and grading separate, 278. districts for, 278. grading sidewalk area included in, 278. lien, certificate for construction not in district constitutes, 280. notice to property owners, 280. official grade, three-fourths owners reject, 281. owners may construct within 30. days, 278. petition for, not necessary. reconstruction of old walks. 279, 280. street, definition of, 277. suburban improvement districts- assessment for cost of, how made, 319-1. board need not approve, establishment of, 319-2. boundaries where possible, 319. expenses for preliminaries must be advanced, 319-2. expenses returned if district established, 319-3. lands included in, need not be abutting street, 319-1. limitations as to size or cost do not apply,, 319-3. petition for, requires but 10 per cent, of area, 319-2-. petition for, may be modified, 319-3. petition for, board may establish without, 319-3. remonstrance against, requires 35 per cent, of area, 319-2. suits barred in 90 days after act, 332. treasurer's duties, 302, 311. 178 References are to Sections. PUBLIC IMPROVEMENTS, 270-332— Continued, viaducts and tunnels, 293-297. assessments for cost of, how made, 296, 298-311. bids for construction, separate for separate parts, 295. condemnation proceedings, 295. contracts, separate for separate parts, 295. construction of, to be ordered by board, 293. cost of, wliat assessed and for wiiat expenses, 296, 298-311. cost of, assessed against district, except, 293. district for construction of, 293. excepted lands or lots, 293. instalments payable in 5 to 20 years, 304. lien, assessment railroad company against right of way, 296. proceedings of board, as in 272-1-2-6, 294. railroad companies — council may require, to construct, 297. ordinances not to be repealed until built, 297. proportion of cost assessed against, 296. right of way, etc., how acquired, 295. real estate excepted from assessment, 293. remonstrance requires 35 per cent, area, 294. saloon not to be used a.s approach to, conditions, 294. suits to compel railroad companies to construct, to be prosecuted, 2&7. tracks, cars, etc., not to be used by, 294. tunnel, definition of, 293. work done under direction of board, 270. PUBLIC INDEBTEDNESS— see Bonds, Bonded Indebtedness, Public Improvements, Warrants, limitation of, 3 per cent, assessed valuation, 250. limitation of, appropriation must first be made, 246-247. PUBLIC LIBRARY— see Library Commission, 125-130. PUBLIC PROPERTY— title deeds of, clerk have custody of, 37. PUBLIC UTILITIES COMMISSION. (Water Commission)— bonds- how issued, 264a. interest, 264a. sold at par, 264a. ordinances recommended by commission- council must pass, 264a. mayor must sign, 264a. powers of commission- litigation, exclusive control of, 264a. may adopt rules, 264a. may build new plant, when, 264a. water plant, purchase of, etc., 264a. special elections, 264a. vote of tax-paying electors, 264a. water commission, 264a. bond, $10,000.00 each, 264a. employ secretary, clerks, etc., 264a. membership, 264a. recall of, 264a. salary, $4,000.00 each, 264a. term of office, six years, 264a. vacancies, how filled, 264a. 179 References are to Sections. PUBLIC UTILITIES AND WORKS DEPARTMENT— see Public Works, Board of, S2. PUBLIC UTILITIES, 252-269. acquisition of, see purchase of, 252-264. maintenance of, by board of public works, 264. operation of — accounts kept by treasurer, 260. board of public works full control of, 264. moneys to bo kept by treasurer, 260. rates of service fixed by board of public works. 263. surplus receipts, investment of, 261. purchase of — attorney's opinion as to, 255. bonds, interest on, where payable, 259. bonds of — interest on 4 per cent., where payable. 259. issuance, of, submitted to vote, 257. liability of city for, absolute, 258. maturity of. five yearly periods, 259. sale of, must be at par, 259. redemption of, how provided for, 261. sinking fund, 258, 261. voted on, at general or special election, 257. condemnation proceedings, 262. cost of, to be investigated by board of public works, 253, 254 mayor, 256. cost, payment of, how provided for, 256. cost, payment of, must be possible in 50 years, 255. council direct board public works to investigate, 252. easements, how secured, 262. investigation by board public works, 254. investigation by board of public works, revision of. 256. ordinance authorizing purchase of, 256, 257. petition for— description of the public utility, 253. sheets of paper, may be on several, 253. signed by 25 per cent, preceding vote for mayor. 252. public works, board of— investigate cost, etc., 254. report to mayor, 256. rates for service fixed by council, 263. rights of way for, how secured, 262. PUBLIC WORKS, BOARD OF — appointed by mayor, 82. appointments by — assistants, salary $1,200.00, 82. assistant engineers, salary $1,800.00, 89. chief assistant engineer, salary $2,400.00, 89. secretary, salary $1,800.00, 82. appropriations for, exclusive control of, 88. bonds of the city and county — expenditure of moneys received for, control of. 88. issuance and sale of, exclusive authority, 88. bureau of engineering and surveying, control of, .'■:9, 90. bureau of highways, 91. civil service, department under, 192. 180 References are to Sections. PUBLIC WORKS, BOARD OF— Continued, contracts- contain eight-hour day clause, 316. conditions of, may impose, 87. prepared by attorney, 33. report violation of, to mayor, 26. duties, see Public Improvements, 270-332, 82-91. employes of, salaries fixed by board, limit of, 89. expenses- estimate of, to mayor and auditor, 216. full control of, within appropriation, 88. maps, plats, etc., custody and disposition of, 90. meetings, first Tuesday each month, public, 86. members- appointed by mayor, 82. authority to act on behalf of board, 86. bonds of, $5,000.00 each, 152. commissioner of highways- duties, 91. salary $3,000.00, 153, 233. commissioner of public works- president, 82. i>alary $4,000.00, 153, 233. engineer- duties, etc., 90. plats of additions filed with, 345. salary $4,600.00, payable monthly, 163, 233. political faith, one to be of different from other two, 82. removal of, 82. term of office, four years, 82. vote of, to be recorded when not unanimous, 86. offices, stationery, etc., furnished by city and county, 82. president — commissioner of public workks, 82. endorse approval of public improvement bonds, 312. oaths, may administer, 341. pro tempore, election of, 8S. powers of — generally, control public works and utilities, 82. specifically, see Public Improvements and Public Utilities, public improvements- assess the cost, 300. construction of, controlled by, 270. completion of, statement of cost to clerk, 298. public utilities, purchase of, investigation by (see same), 252. ratification previous acts, except Fourteenth street viaduct, 332. records of, shall be public, 86. reports of — to clerk, cost of public improvement, 298. to mayor and council, purchase public utility, 254. special assessments, expend moneys of, except parks, 88. special meetings, 86. suburban improvement districts, may establish, 319-2. trees, rules for planting and care of, on streets, 318. PURCHASING AGENT— see Commissioner of Supplies, 62. Q QUALIFICATION OF OFFICERS— see respective office and generally, 149. 150. 181 R References are to Sections. RAILROADS— franchise for, in park or parkway not to be granted, 99. RAILROAD COMPANIES— may be required to construct viaducts and tunnels, 297. REAL ESTATE— assessment of, see Public Improvements, 270-332. definition of, 277. descriptiou of, 277, 330. improvements privately made, credit for, 272-8. owner part interest, may pay part of cost, 310. sale of, by treasurer, 308-309. unplatted, description of, 277. RECALL^ see Initiative, Referendum and Recall, 20. 21, 22, 22a, 22b, 23. RECEIPT BOOKS— official, commissioner supplies furnish to all officers, 224. stubs to be delivered to auditor, 224. RECORDER, 40. assistants, 154. bond $5,000.00, 152. contracts of, prepared by attorney, 33. contracts, report violation of, to mayor, 26. county clerk and recorder, perform certain duties of, 40. deputy, none provided for. election, 167. expenses, estimate of, to mayor and auditor, 216. fees, etc., collected- paid to treasurer daily, 159, 221-225. receipts for, 225. receipts for, stubs delivered to auditor, 224. impeachment, 163-165. oath of office, 151. office open 9 a. m. to 5 p. m., 30. qualifications, 149. ^ recall— subject to, 22b. records of, shall be public, 155. salary $3,600.00, payable monthly, 163, 233. term of office, four years, 168. vacancy, how filled, 31. REFERENDUM— see Initiative and Referendum, 20-23. REGISTER OF WARRANTS— kept by auditor, 47. REMONSTRANCE AGAINST— alleys, paving- of, not subject to, 275. Cherry creek improvement, 35 per cent, area, 320. parks, purchase of, 25 per cent, area, 327. paving, 35 per cent, frontage, 272-4. Platte river improvement, 35 per cent, area, 321. public improvements, except paving, majority, 272-4. sewers not subject to, 289, 272-4. sidewalks, majority frontage, 272-4. signer of petition not sign, 272-3-4. suburban improvement district, 35 per cent, area, 319-2. viaducts and tunnels, 35 per cent, area, 294. 182 References are to Sections. REPORTS— attorney, February 1, to mayor, 35. auditor — to council, June 30 and January 15, 50. to council and mayor, on demand, 47. departments, weekly, unexpended appropriations, 47. to mayor, first Monday in November. amount necessary to pay interest on bonds, 216. amount necessary to provide sinking fund, 216. building inspector, to mayor and attorney, 63. clerk, to treasurer, auditor and mayor, 5th each month, 37. commissioner of supplies — to mayor, inventory in December, 61. monthly, 61. depository bank, to mayor and auditor quarterly, 58. electric wiring inspectors, to building inspector, 63. fire wardens, to building inspector, 63. heads of departments, to mayor, first Monday in November, 216. health commissioner publish, 112. injured persons, to mayor, in 60 days, 342. mayor to council, from time to time, 25. park commission, to mayor and council, annual, 98. plumbing inspector, to building inspector, 63. publication of, auditor and treasurer, 56. publication of, health commissioner, 112. public works, board of— to mayor and council as to purchase of public utilities, 254. " to clerk, statement of cost of completed public improvement, 298. recordef, to treasurer, auditor and clerk, 5th each month, 40. sheriff, to treasurer, auditor and clerk, 42. treasurer— to auditor, 1st each month, 55, 215. to auditor, 5th each month, tax collections, 214-215. to auditor and council second Monday in January, 55, 215. to council, from time to time, 55. uniform system of, to be required by council, 244. verification of, to auditor, 47. REQUISITION— h for supplies, 61. REVENUE— see Finance and Taxation, 211-251. REWARDS— 50 per cent, go to police department relief fund, 240. RULES OF OFFICE, ETC.— how made, generally, 32. S SALARIES- general, payable monthly, 153, 233. acountant, expert, $3,000.00, 243. aldermen, $1,000.00 each, 153. ambulance drivers, $1,020.00 each, 153. art commission, none, 122. assessor, $4,000.00, 153. attorney, $4,600.00, 153. first assistant, $2,500.00, 153. second assistant, $1,800.00, 163. third assistant, $1,500.00, 153. 183 References are to Sections. SALARIES— Continued. attorney, $4,600.00. 15.3 — continued, stenographer. $1,200.00, 153. special officer, auditor, $4,600.00, 153. boiler and elevator inspector. .$1,SOO.OO, 153. building inspector, $2,500.00, 153. charity and correction — detention school superintendent and teachers, none fixed, 120. members, none, 113. secretary, none fixed, 113. superintendent city and county farm, none fixed. 115. civil service commission — members, none. 186. secretary, $1,800.00, 187. clerk, $3,000.00, 153. commissioner of— excise, $3,000.00, 153. fire, $2,500.00, 153. health, $4,000.00, 153. highways, $3,000.00, 153. police, $2,500.00, 153. public works, $4,000.00, 153. .supplies, $3,000.00, 153. coroner, $900.00, 153. county court- clerk, $3,000.00, 153. deputy clerks, none fixed, 133. judge, $4,600.00, 153. jurors, none fixed, 133. stenographer, $2,000.00, 153. county superintendent of schools, $900.00. 153. election commission — assistants, none fixed, 154, 183. clerks of election, none fixed, 174. judges of election, none fixed, 174. members, .$1,000.00, 153. secretary, electrician, $2,500.00, 153. employes generally, to be fixed by ordinance. 153. engineer, $4,600.00, 153. engineers of board of public works- assistants, $1,800.00. 89. chief assistant, $2,400.00, 89. executive officers generally, 153. expert accountant, .$3,000.00, 243. fire/and police board- assistants, .$1,200.00, 64 secretary, $1,800.00. 64. members, 153. fire department — assistant chiefs, $2,100.00, 153a. captains, $1,380.00, 153a. carpenters, $1,140.00, 1.5.3a. chief, $3,600.00, 1.53a. chief's secretary, $1,800.00, 153a. deputy chief, $2,400.00, 153a. drivers, $1,020.00, 1.53a. engineers, $1,260.00, 1.5.3a. engineer— assistants, $1,1.70.00, 1.53a. 184 References are to Sections SALARIES— Continued. fire department — continued. fire wardens, $1,140.00, 153a. firemen — first grade, $1,140.00, 153a. second grade, $1,080.00, 153a. third grade, $1,020.00, 153a. fourth! grade, $960.00, 153a. hosemen, $1,020.00, 153a. laddermen, $1,030.00, 153a. lieutenants, $1,260.00. 153a. linemen, $1,070.00, lo3a. machinists, $1,380.00, 153a. machinists' assistants, $1,020.00, 153a. operators, $1,140.00, 153a. superintendent of fire alarm, $1,800.00, 153a. superintendent of fire alarm— assistant, $1,380.00, 153a. temporary disability, full pay, 162. vacation, fifteen days, full pay, 162. jurors, county court, none fixed, 138. justices' courts — justices of the peace, $2,000.00, 153. library commission, none, 125. employes, fixed by commission exclusively, 126. market master, $1,200.00, 153. mayor, $6,000.00, 153. park commission — employes, fixed by commission exclusively, 97. members, none, 92. secretary, $1,500.00, 93. superintendent of parks, none fixed, 95. payable monthly, all salaries, 233. police department- assistants fire and police board, $1,200.00, 64. chief, $3,600.00, 153a. custodian stolen goods, $1,380.00, 153a. deputy chief, $2,400.00, 153a. detectives (assigned), $110.00 per month, 153a. jailers, $1,380.00, 153a. matron, $1,020.00, 153a. patrolmen — first grade, $1,140.00, 153a. second grade, $1,080.00, 153a. third grade, $1,020.00, 153a. fourth grade, $960.00, 153a. patrol wagon drivers, $1,020.00, 153a police — captains of, $2,100.00, 153a. operators, $1,140.00, 153a. desk sergeants, $1,380.00, 153a. street sergeants, $1,380.00, 153a. surgeons, $1,380.00, 153a. secretary fire and police board, $1,800.00, 64. vacation, fifteen days, with full pay, 162. temporary disability, full pay, 162. 185 References are to Sections. SALARIES— Continued, president — board of aldermen, $1,200.00, 153. board of public works, $4,000.00, 153. board of supervisors, $1,500.00, 153. public works, board of, 153. assistants, $1,200.00, 82. engineer's assistants, $1,800.00, 89. engineer, chief assistant, $2,400.00, 89. secretary, $1,800.00, 82. recorder, $3,600.00,, 153. sheriff, $4,600.00, 153. superintendent — city and county farm, none fixed, 115. detention school, none fixed, 120. street sprinkling, $1,800.00, 153. treasurer, $4,600.00, 153. under sheriff, $2,500, 153. vacations, Are and police departments, 15 days, full pay, 163. SALOONS— see Fire and Police Board, licenses, 70—81. annexed municipalities, 80. close on Sunday, election day and at midnight, 76. fees— $600.00, 75. annexed municipalities, 80. uniform, 75. fire and police board grant licenses, 70. general laws of state govern, 81. licenses — $600.00 (Sec. 75), 70-81. see Fire and Police Board, licenses, 70-81. ordinances remain in force— of annexed municipalities, 80. of Denver, 81. park, must be 500 feet from, 77. public school, must be 500 feet from, 77. regulated by ordinance, 70. Sundays to be closed, 76. two convictions, license refused, 70. viaduct not to be used as approach, 294. violation of law, $10.00-$100.00, 79. wine rooms prohibited, 78. SAVING CLAUSE— contracts, etc., 348-353. SCHEDULE, 348-353. SCHOOL- public, no saloon allowed within 50O feet, 77. SCHOOLS— see County Superintendent of Schools, 45. SEAL— of city and county of Denver, 37, 39. SET OFF— between bank depository and treasurer not allowed, 58. SEWERS— see Public Improvements, 83, 282-292. 18G References are to Sections. SHERIFF— appoints under sheriff and deputies, 42, 154. bond, $10,000.00, 152. contracts of, prepared by attorney, 33. contracts, report violation of, to mayor, 26. duties of, see general laws of the state, 42. election, 167. expenses, estimate of, to mayor and auditor, 216. fees, etc., collected, paid to treasurer monthly, 159, 221-225. impeachment, 163-165. mileage, verified statement to auditor, 228. oath of ofHce, 151. office open 9 a. m to 5 p. ni., 30. qualifications, 149." recall — subject to, 22b. records shall be public, 155. report to treasurer, auditor and clerk 5th of each month, 43. salary $4,600.00, payable monthly, 153, 233. term of office, four years, 168. vacancy, how filled, 31. SIDEWALKS— see Public Improvements, sidewalks. 278-281. care of, etc., board public works, S3. SIGNS- see Public Works, Board of, 84. SINKING FUND— see Funds, 216, 238. see Public Utilities, 261. SOUTH PDATTE RIVER— see Platte River, 321. SPECIAL ASSESSMENTS- SB e Parks, 324-327. see Public Improvements, 298-311. see Viaducts and Tunnels, 293-297. SPECIAL DEPOSIT FUND- see Funds, 236. SPECIAL ELECTIONS— see Initiative and Referendum, 20-23. see Franchises, 265. see Public Utilities, bonds for purchase of, 257. SPECIAL POLICE— fire and police board may appoint. 69. SPECIAL TAXES— see Parks, 324-327. see Public Improvements, 298-311. see Viaducts and Tunnels, 293-297. SPRINKLING STREETS— mayor control of, 32. STATED ACCOUNT— by auditor, evidence, 232. STATE LAW— see general law in force, page 1(50 hereof. STORM SEWERS— see Public Improvements, storm sewers. 187 References are to Sections. STREETS— board public works full charge of, care, cleaning, etc.. 83, 84, 91. commissioner, see Commissioner of Highways. 91. defined, 277. excavations in, board public works control of, 83-91. opening, vacating, etc., board public works, approval of council, 84. parks, license to sell goods 300 feet from entrance, 99. STREET SPRIISTKLING BUREAU— mayor control of, 32. superintendent, salary, $1,800.00, 153. SUBDISTRICT SEWERS— see Sewers, 282-292. SUBURBAN IMPROVEMENT DISTRICTS— see Public Improvements, 319-320. SUPERINTENDENT— city and county farm, 115. detention school, 120. parks, see Park Commission, 7.5. schools, see County Superintendent of Schools. 45. street sprinkling — salary $1,800.00, 153. term of office, four years. 32. supplies, see Commissioner of Supplies, 60-62. SUPERVISORS, BOARD OF— attendance of members, may compel, 10. ayes and noes shall always be entered, 11, 13. bills- may originate in, 13. ' how passed, 13, 14, 15, 18. board of equalization, sit as, 156. clerk — of city and county act as clerk of, 9, 37. keep journal, 11, 37. notify auditor of absentees, 12. county commissioners— perform certain duties of, 156. election, 167. of members, sole judge of, 10. at large, 7. executive power— has none, 16. expulsion of member, 10. impeachments, shall try, except, 164. journal, clerk keep, 9, 11. majority — majority of members elected, 11. meetings — twice a month, until changed, 9. open doors, 9. member of board- age of, 25 years, 8. attendance- may be compelled, 10. forfeiture for absence, ,$10.00, 12. arrests, may make with or without i)roce.«;s. 157. citizen, must be, 8. contract with city, may not, 8. exempt from jury duty, 8. expulsion of, 10. jury duty, exempt from, 8. moving from district vacates oflice, ISO. . 188 References are to Sections. SUPERVISORS, BOARD OF— Continued, member of board — continued. ofRce created by council, not hold, S. other office, may not hold, 8. punishment of members, 10. qualifications of members, 8, 149. residence in city must be two years, 8. residence in district must be, 8, 180. salary $1,200.00, payable monthly, 153, 233. taxpayer, must have been one year, 8. term of office, four years, 6. number of, seven, 7. open doors, sit with, 9. president — duties of, 10. elected by ballot, 6. mayor, acting, when become, 28. mayor, death of, become mayor, 28. salary $1,500.00, payable monthly, 153, 233. term of one year, 6. public improvements, assessing the cost, sit as board of equalization, 300 punishment of members, 10. qualifications of members, 8. recall — subject to. 22b. term of office, four years, 6. vacancy — how filled, 31. in elective office, approve appointment to fill vacancy, 31. SUPPLIES— see Commissioner of Supplies, 60-62. SURETY COMPANY- bonds must be by- treasurer, 57. contractor for public improvements, 315. depository bank, 58. SURVEYING BUREAU— see Public Works, Board of, 89. TAXATION— see Finance and Taxation, see Public Improvements. TAXES— special, assessment roll made by auditor, 302. see also Public Improvements, Finance and Taxation and Special Taxes. TAX LEVY— limitation of, 15 mills, 212. park purposes, 1 1-3 mills, 102. TAX-PAYING ELECTORS— definition, 250, 257. bonds, vote on issuance of, 250. vote on question of bonds for purchase of public utilities, 257. TERRITORY ANNEXED— according to general law, 1. TITLE DEEDS TO PUBLIC PROPERTY— clerk have custody of, 37. IS!) References are to Sections. TIE VOTE— election commission cast lots, 177. TRANSCRIPTS OF RECORD— fees for, 37. made by clerk, 38. TREASURER— accounts with each fund to be kept, 53. accounts with each public utility required to be kept, 260. advertise and sell lands for nonpayment special taxes, 308. bond of $500,000.00, surety company, cost paid by city, 57. depository bank, selection and duties of, 58. contracts of, prepared by attorney, 33. contracts, report violation of, to mayor, 26. custodian of public moneys, 51, 221. deputy, none provided for. deputies, may administer oaths and affirmations — except oath of office, 341. duties, see general law of state, such as council require, 59. election, 167. expenses, estimate of, to mayor and auditor, 216. impeachment, 163, 165. licenses, fees for, paid to, 73. moneys received, give duplicate receipt for, 52, moneys paid out only on warrant, except bonds, etc., 51, 54. oaths, may administer, 341. oath of office, 151. office open 9 a. m. to 5 p. m., 30. public improvement bonds- may call in, 314. issue, without being audited, 312. payable in N. Y., remit to meet, 313. record of, to be kept, 312. public utilities, keep separate accounts with, 280. qualifications, 149. recall— subject to, 22b. receipts— to auditor for assessment roll, public improvement, 302. duplicate for all moneys received except taxes, 52. official, to be given generally, 225. official stubs and unused, given to auditor, 226. records of, shall be public, 155. record of public improvement bonds to be kept, 312. reports by, to the following officers- auditor- beginning each calendar month, 55. 5th each month, 214, 215, 226, 227. 10th each month, special taxes, 311. duplicate receipts, 52. auditor and council, quarterly, 56. council, annually, 55. reports, quarterly, summary of, published by auditor. 56. reports to, by the following officers — clerks of courts and sheriff monthly, all collections, 223. all other officers daily, all collections, 223. 5th each month- clerk, 37. recorder, 41. sheriff, 43. 190 References are to Sections. TREASURER— Continued. special asessments included in assessment roll, 302. taxes — collected by, 51, 214, 215. request for amount of, answer include special taxes, 302. tax sale, may purchase for city, consent of mayor, 309. warrants — list of redeemed, made to auditor, 55. money paid out on, only, except bonds, etc., 51, 54. paid out of moneys in fund drawn on, only, 53. what contain and how signed. 54. TREES— see Public Improvements, 318. TUNNELS— see Public Improvements, 83, 293-297. u UNDERSHERIFF— appointed by sheriff, 42. V VACATIONS— see Fire and Police Board, 162. VACANCIES- how filled, 31. VIADUCTS AND TUNNELS— see Public Improvements, 83, 293-297. pending litigation, Fourteenth street viaduct, 332. VIOLATIONS OF CHARTER— misdemeanor, $100.00 and three months, municipal and justices' court, 340. VISITORS— entertainment of. VOTERS— tax paying, definition of, 250, 257. qualification and registration of, etc., 178. VOUCHERS— preserved by auditor, 47. W WARDS— boundaries, 3. change of boundaries, 2-3. number of, sixteen-twenty-one, 2. supervisor district, wholly in, '3. WARRANTS— money paid out by except for bonds, 54. payment and cancellation of, 49. register of, kept by auditor, 47. WATER AND GAS CONNECTIONS— before paving, 317. WATER COMMISSION— see Public Utilities Commission. 264a. WINE ROOMS— women not to be supplied with liquor in, 78. 191 References are to Sections. WITNESSES— civil service commission may compel attendance of, 191. council or committee may compel attendance of, 191. personal injury cases, 343. WOMEN— library commi-ssion shall have two women, 125. saloons not allow women to be supplied with liquor in wine rooms, 78. ZONES OP ASSESSMENT— for paving, 273. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. UtC 1 2 n.\3RC OCT V9 iif^^|l£L 't) x.-» «.^ijL. -"-' IS9 ml Form L9-25W-8, '46 (9852)444 THE UI^CARY UiCVKRSiTY Of CALIFORNI/S ywo I PLEA^ DO NOT REMOVE THIS BOOK CARD— m mil ^ILIBRARYQ^ University Research Library U LIBRARY FACILITY 8 879 3