J5 see LIBRARY OF THE University of California. GIFT OF .^^V^\ru....\£GAJ^^ Class Charter OF THE City of Galveston AS PASSED BY THE 28th Legislature of the State of Texas and Approved by the Governor March 30, 1903 AND Amendments Thereto Passed by the 29th and 30th Legislatures, o^'^^f^!^ (manufacturing TEXAS | STATiONERSJ JULIAT^ KORSKI CHARTER OF THE CITY OF GALVESTON AS PASSED BY THE 28th Legislature of the State of Texas and Approved by the Gover- nor March 30, 1903 AND . Amendments Thereto Passed by the 29th and 30th Legislatures 0^%^^^ (MAWUFAaURINGi TEXAS [STATIONERS) '^^il'ES^TtT^^'^' <^^^ rsf':C CHARTER OF THE CITY OF GALVESTON AN ACT* To amend "An Act to incorporate the City of Galveston and to grant it a new Charter and to repeal all pre-existing Charters," approved April 18, 1901, and to repeal all laws in conflict herewith. Be it enacted by the Legislature of the State of Texas ; Section 1. That all the inhabitants of the City of Galveston ^^^2!''^ shall continue to be a body politic and corporate, with perpetual succession, by the name and style of the "City of Galveston," ^^JJ^^^g^*® and as such they and their successors by that name shall have, gations.^^^' exercise and enjoy all the rights, immunities, powers, privileges and franchises now possessed and enjoyed by said city, and herein granted and conferred; and shall be subject to all the duties and obligations now pertaining to or incumbent on said city as a corporation, not inconsistent with this Act, and may ordain and establish such acts, laws, regulations and ordinances, not inconsistent with the Constitution and laws of this State, as *The amendments as passed by the 29th Legislature, amending Sections 7, 15, 32, 35, 40, 70 and subdivisions (g) and (i) of Section 19; and by adding thereto Section 71a, and also Section 78a, ratifying and confirming an agreement and contract of settlement, ad- justment an 1 compromise between said City of Galveston and the Galveston Wharf Com- pany, dated March 9, 1905, are inserted herein; and the amendments as passed by the 30th Legislature, amending Sections 10, 24 and 51, subdivisions (f) and (a) of Section 19; sub- division (u) of Section 34; subdivision (b) of Section 34. Sections 74, 54, 44, 78, 32 and subdivision (a) of Section 71, and adding Section 20 (a). Sections 71 (b), 71 (c) and 71 (e) . 2.3(,03G Sec. Charter of the City of Galveston' Corporate seal shall be needful for the government, interest, welfare and good order of said body politic; and under the same name shall be known in law, and be capable of contracting and being con- tracted with, suing and being sued, implead and being impleaded, answering and being answered unto, in all courts and places and in all matters whatever; may take, hold and purchase, lease, grant and convey such real and personal or mixed property or estate as the purposes of the corporation may require, within or without the limits thereof, and may make, have and use a corporate seal, and change and renew the same at pleasure. Corporate limits. Sec. 2. That- the limits of said city shall embrace so much of the island of Galveston from the point thereof on the east to Fifty-sixth street, or to include the league and labor of land known as the Menard grant (provided that said league and labor shall extend beyond Fifty-sixth street) ; thence to include Galveston Bay and Pelican Island, and one mile north thereof; and the waters of the Gulf of Mexico extending south one marine league from the shore, from the channel and anchorage on the eastern - end of Galveston Island to the western boundary of the city, so as to extend the police authority and jurisdiction, inclusive of Pelican Island, over all the area and territory afore- said; Provided, nevertheless, that jurisdiction shall extend from the eastern boundary of said city over all real estate beyond said limits purchased or in any manner acquired by said city for the use of the corporation; and Provided, furthermore, that all the municipal regulations of said city shall apply to, extend and be in full force over the harbor and anchorage of Galveston, and to the bar at the entrance of said harbor ; and the corporate authority and jurisdiction shall extend from the eastern boun- dary of said city over the east end of Galveston Island, and over all real estate beyond said limits purchased or in any manner acquired by said city for the use of the corporation ; and Provided further, that the said limits may be hereafter extended, includ- ing and adding more territory to the same, whenever a majority of the inhabitants of sa^d territory shall indicate a desire to be included within the limits of said city; and Provided further, Charter of the City of Galveston Sec. 3 that neither the corporate limits nor the jurisdiction of said city shall extend to any point of the mainland so as to interfere or conflict in any wise with the riparian rights and privileges of the owners of the mainland, or any part thereof, bordering upon the waters of said bay; and Provided further, that the jurisdiction of said city shall not extend over Bolivar channel except for police and sanitary purposes. Sec. 3. The territory contained within the boundary of the City wards. City of Galveston shall be divided into twelve wards, as follows: The First ward shall contain all the territory lying north of Avenue G and east of Thirteenth street. The Second ward shall contain all the territory lying north of Avenue G, between Thirteenth and Seventeenth streets. The Third ward shall contain all the territory lying north of Broadway, between Seventeenth and Twenty-first streets. The Fourth ward shall contain all the territory lying north of Broadway, between Twenty-first and Twenty-fifth streets. The Fifth ward shall contain all the territory lying north of Broadway, between Twenty-fifth and Twenty-ninth streets. The Sixth ward shall contain all the territory lying north of Broadway, between Twenty-ninth street and the western boun- dary of the city. The Seventh ward shall contain all the territory lying south of Broadway, between Twenty-ninth street and the western boundary of the city. The Eighth ward shall contain all the territory lying south of Broadway, between Twenty-fifth and Twenty-ninth streets. The Ninth ward shall contain all the territory lying south of Broadway, between Twenty-first and Twenty-fifth streets. The Tenth ward shall contain all the territory lying south of Broadway, between Seventeenth and Twenty-first streets. Sec. 4.-5 Charter of the City of Galveston The Eleventh ward shall contain all the territory lying south of Avenue G, between Thirteenth and Seventeenth streets. The Twelfth ward shall contain all the territory lying south of Avenue G and east of Thirteenth street. Provided, that the Board of Commissioners of said city shall have power from time to time by ordinance to cause a division of said city to be made into as many wards (not less than twelve) , as they may deem necessary and for the good of the inhabitants of said city. City property. Scc. 4. The waterworks and sewerage plants, fire engines, fire alarm, telegraph system, hose and hose carriages, horses and wagons, engine houses, school houses, public buildings, public squares, parks, promenades, wharves, streets, alleys, all stock and interest in any incorporated company, held or used for public purposes or in trust for the public, and all property which may have been granted or released to said City of Galves- ton by the State through a general or special law or joint resolu- tion of the Legislature, and any judgment or judgments or causes of action in favor of said City of Galveston, and the elec- tric light plant or other plant used for public purposes, and all other property, real and personal, held, controlled or used by said City of Galveston for the purposes of government, includ- ing all property of whatsoever character or description, whether of the same nature or not as the property heretofore specified, which may have been held, controlled or used by said City of Galveston for public uses or in trust for the pubUc, or which may have been vested in the City of Galveston under and by virtue of any law of the State of Texas, shall vest in and remain and inure to the said corporation under this Act. Vested in cor poration. Mayor and Commission- ers — first election of. Sec. 5. As soon as practicable, and within sixty days after this Act shall take effect, it shall be the duty of the Commis- sioners Court of Galveston County to order an election to be held in the City of Galveston, at which election the qualified Charter of the City of Galveston Sec. 5 7 voters of the City of Galveston shall select a Mayor and four Commissioners, who shall constitute the Board of Commissioners of the City of Galveston, and said Commissioners Court shall pieces of fix the time and places in said city for holding said election, and ^^^^S ?f "^ the manner of holding the same shall be governed by the laws ^°^'^''^' of the State of Texas governing general elections. The cost of (^g^ ^^ eig^.. such election shall be paid by the County of Galveston, but '^""= ^°^' p^'^- shall be refunded to said county by the City of Galveston. On the Tuesday following said election, or as soon thereafter as practicable, the said Court shall canvass the returns and declare Canvassing the election of the candidates receiving the highest number of votes. The Mayor shall be President of said Board of Commissioners, ^^^yfj^^^.'^^ and the members of said Board shall hold office until their sue- members of rJoard; tenure cessors are elected and qualified. o^ o^^e. On the second Tuesday in May, 1905, and in each second Reguiar^city year thereafter, the Board of Commissioners of said city f or }j,™« ^pp«^"*«^ the time being shall cause to be held in said city an election for their successors in office. In ordering such election the Board of Coriimissioners of the City of Galveston shall de- termine the places in the City of Galveston for holding such piaces of election and election, and the manner of holding same shall be governed manner of by the laws of the State of Texas regulating general elections. On the Tuesday following such election the Board shall canvass Canvassing the returns and declare the election of the candidates receiving returns, the highest number of votes. The Mayor and each of the said^^^ or and four Commissioners shall not be less than twenty-five years of ^^^g'^""^^'''"" age, citizens of the United States, and for five years immedi- atelv preceding their election residents of the City of Galveston, ' Qualifications and shall hold office for two years from and after the date of ^gfj^''"^ ^^ their qualification and until their successors shall have been duly elected and qualified. Said Board of Commissioners shall government, constitute the municipal government of the City of Galveston. Sec. 6 Charter of the City of Galveston Time for qualifying. Each of said Commissioners, within ten days after the official announcement of his election or appointment, as the case may be, shall qualify as required by this Charter and the Constitu- tion and laws of the State, and failing so to do, his office shall become vacant. Commissioners Scc. 6. The President and other members of the Board of successors of Mayor and Commissioncrs elected under this Act, and their successors in Aldermen. ' office, shall be held and deemed, in law and in fact, the succes- sors of the Mayor and Aldermen of said City of Galveston, and upon the qualification of said President and the other members of said Board of Commissioners, all the powers, rights and duties. Board of Com- of the Mayor and Board of Aldermen of the said city shall cease ; and frum and after the passage hereof the said Board of Com- missioners shall have and exercise all the rights, powers and duties of the Mayor and Board of Aldermen of cities as may be conferred by the Constitution and laws of this State, and shall have and exercise all the rights, powers and duties conferred upon them or either of them by the terms of this Act. missioners powers of Mayor-Presi- dent. Directors in corporations. The President of the said Board shall be Mayor, and shall have and exercise all the rights, powers and duties of Mayor conferred by the Constitution and laws of this State, and all those conferred by the terms of this Act. The Mayor shall be the President of the Board, and shall be named and styled "Mayor-President of the Board of Commissioners for the City of Galveston," and wherever the words Mayor or President occur in this Act they and each of them shall be held and con- strued as identical terms, descriptive of the President of the Board of Commissioners for the City of Galveston ; and wherever the said city has heretofore, under the decree or judgment of any court, or under any law, ordinance or resolution, been entitled to representation through the Mayor of said city and one or more of the Aldermen thereof on the Board of Directors of any incorporated company in which the said city may own stock or be interested, it shall hereafter be represented on any such Board of Directors by the President of said Board of Com- Charter of the City of Galveston Sec. 7-10 9 missioners and by two other members of said Boaid, to be selected by said Board. Sec. 7. Said Mavor and Commissioners shall, collectivelv Board of Com- •' -^ Ynissioners — constitute and be known as the "Board of Commissioners of style of. [Amended, the City of Galveston." They shall take an oath to faithfully Acts i905.] perform the duties of their said office, and each shall receive as compensation for his said services, beginning June^ 1, 1905, the sum of twelve hundred dollars ($1200) per annum, payable in equal monthly installments, except that the President of said Board shall receive a salary of two thousand dollars ($2000) President— per annum, payable in equal monthly installments, and the said etc. President shall devote at least six hours a day to the duties of his office and to the affairs of said city. Sec. 8. That the Mayor and each Commissioner, before Bond and oath entering upon the duties of his office, shall give bond payable commissioners, to the Governor of the State, for the use and benefit of said city, in the sum of five thousand dollars, conditioned for the faithful discharge of his duty, with two or more good and sufficient payable and sureties, to be approved by the County Judge of Galveston ^°" 11 e . County, and shall in addition to taking the oath prescribed by the Constitution of the State also take an oath that he is not under direct or indirect obligation to' appoint or elect any person to any office, position or employment under said government. The said Board of Commissioners shall, by a majority vote ^^f^f^^ ^P" of all the members thereof, have the power to appoint all officers "^ajo^ty vote, and subordinates in all departments of the said city. Sec. 9. Anv member of said Board of Commissioners may Removal of , -, r-, 1 • , 1 Commissioners. be removed for the same reason and m the same manner as county officers. Sec. 10. Resignation by the Mayor or any Commissioner j^^^.^^^^.^^ ^^ elected under this Act shall be made in writing to the Board of ^f^J^J-;^}, °^ Commissioners for their action thereupon. In case of the Co"^™''sioners removal of the Mayor or of any Commissioners from the terri- torial limits of said city, such removal shall ipso facto be deemed lo Sec. II-I2 Charter of the City of Galveston eiecfion^'to fill ^^ Create a vacancy in his office. In case of any vacancy from any cause in the office of Mayor, or any Commissioner, the Board of Commissioners shall fill such vacancy by appointment until the next succeeding regular election ; provided, such election is not more than ninety days off, and the person so appointed shall possess all the qualifications required by this Charter for such office; but should such election be more than ninety days off, this said office shall be filled by an election called for that purpose according to law. In case of vacancy in the office of Mayor pro tern. Mayor, from any cause, the Board of Commissioners may appoint one of their number to act as Mayor pro tem until such vacancy is filled as provided for in this section, and such Mayor pro tem shall have and exercise all the powers and duties of Mayor while he so acts, and his acts shall have the same force and validity. Oaths^adminis- ggc. 11. Each Commissioner and the Secretary of the Board and^Secretarv^ ^^ Commissioners shall be, and they are hereby, authorized to administer oaths in the municipal affairs and government of the city. Rules and Scc. 12. Said Board of Commissioners so constituted shall regulations; . ,^ .. 1111 r--i Commissioners havc coutrol and supcrvisiou over all the departments oi said enforce. city, and to that end shall have power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management and operation of all of the departments of said city and whatever agencies may be created for the administration of its affairs. Commissioners' They shall, by a majority vote of all said Commissioners, departments — -^ ' -^ •' ■' designation of dcsisfnate from among their members one Commissioner who heads; powers;. *=* ° duties. shall be known as ''Police and Fire Commissioner," and who shall have under his special charge the enforcement of all police Commissioner ^ regulations of Said city and general supervision over the fire department thereof; and one Commissioner, to be known as the S?stree??and "Commissioner of Streets and PubUc Property," who shall PnSerty. have uudcr his special charge the supervision of the streets, alleys, public grounds and property of said city, and be charged Charter of the City of Galveston Sec. 12a 11 with the duty of Hghting the streets, and keeping the streets, alleys, public grounds and property in a clean and sanitary condition, and with the enforcement of all rules and regulations necessary to these ends, and who shall also have under his special charge the supervision of all public improvements, except as herein otherwise provided, and shall see that all contracts there- for are faithfully complied with, and that, the conditions of the grant of any franchise or privilege are faithfully complied with and performed; and one Commissioner, to be known as the "Waterworks and Sewerage Commissioner," who shall have ^^a^gj.^^jj.^g under his special charge the construction, maintenance and g^^^^^fjjf® operation of the waterworks and sewer system and departments of said city, and shall see to the enforcement of all regulations with respect to s^id departments and with respect to all the revenues pertaining thereto; and one Commissioner who shall be known as the "Commissioner of Finance and Revenue," Commissioner of Finance and who shall have under his special charge the enforcement of all Revenue, laws for the assessment and collection of taxes of every kind, and the collection of all revenues belonging to said city from whatever source the same may be derived, and who shall also examine into and keep informed as to the finances of such cit^^ Sec. 12a. The President of said Board shall have the right President has right to vote. to vote as a member thereof on all questons which may arise. Said Board of Commissioners shall have the power to summon ^«*''^,"^^^ I ^ compel wit- and compel the attendance of witnesses, and the production ance; aSo"*^ ' of books and papers before them whenever it may be necessary books and papers. for the more effective discharge of their duties, and shall have power to punish for contempt of said Board with the same ^^^gj^p^_ fines and penalties as the County Judge may punish for con-fJJJ.'!"^ "^^^* tempt of the Count v Court. All process necessary to enforce Process — the powers conferred by this section shall be signed by the Pres- jfo'Jf ggrved ident of the Board and attested by the Secretary thereof, and shall be served by any member of the police force of said city. 12 Sec, 13-14 Charter of the City of Galveston President — powers and diities. Claims — audited; ap- proval of. Financial statements. Sec. 13. That the President of said Board of Commissioners shall be the executive officer of said city, and shall see that all the laws thereof are enforced. The Commissioner named as the head of each department shall audit all accounts or claims against it, unless he be absent or fail or refuse so to do, in which event, the President shall appoint another Commissioner to act in his stead during his absence or to audit claims and accounts as the said Commissioner shall fail or refuse to act upon; but before payment all accounts shall be acted upon and approved by at least two members of said Board of Commissioners. Said Board shall require a statement to be published in January, April, July and October of each year, in the official newspaper of said city, showing a full, clear and complete statement of all taxes and other revenues collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived, and also indicating the disposition made thereof. president's Sec. 14. That whcncvcr the President of the Board of Com- duties as to. . . . ,, ^ . . . j. . . missioners shall deem it necessary m order to eniorce the laws of the city, or to avert danger, or protect life or property, in case of a riot or any outbreak, or calamity or public disturbance. or when he has reason to fear any serious violation of law or order, or any outbreak, or any other danger to said city or the Special police inhabitants thereof, he shall summon into service, as a special summone . pQi^Qg force, all, or as many of the citizens as in his judgment and discretion may be necessary and proper; and such summons may be by proclamation or order, addressed to the citizens generally, or those of any ward of the city or subdivision thereof, or such summons may be by personal notification; such special police, while in service, shall be subject to the orders of the President of the Board of Commissioners, shall perform such duties as he may require, and shall have the same power while Failing to ap- ou duty as the regular police force of said city; and any person pear, pena ty ^^ summoned, and failing to obey, or appearing and failing to Charter of the City of Galveston Sec. 15-16 13 perform any duty that may be required by this Act, shall be fined in any sum not exceeding one hundred dollars. Sec. 15. In case the President of said Board is unable to [Amended Acts 1905 1 perform the duties of his office by reason of temporary or con- tinued absence or sickness, the said Board shall appoint, by ballot, by a majority vote of all the members thereof, one of their number to act in his stead, whose official designation shall » . „ . ° Acting Presi- be "Actiner President of the Board of Commissioners," and the dent— ap- ° , , pointment of; Commissioner so appointed shall be invested with all the powers, compensation and shall perform all the duties of the President of said Board during such absence or sickness, and shall receive the salary of the said President during such vacancy; Provided, that it shall continue for ten days or longer, and during such absence in excess of ten days the President shall receive no salary; Provided, further, that the Commissioner receiving compensa- President re- tion as Acting President shall not receive his salary as Com- a?j?[^whSi.^^'" missioner for the same time he receives compensation as Acting President. Sec. 16. Said Board of Commissioners shall meet at least Regular meet- . . . . 1 . 1 ., 1 ings of Board, once every week m regular meeting at such time as shall be fixed by said Board, at the City Hall or other designated place in said city, to consider and take under advisement and act upon such business as may come before them. A majority of said Board shall constitute a quorum for the transaction of all Quorum, business, but no action of said Commissioners shall be effective unless upon a vote of a majority of such quorum, and no final action shall be taken in any matter concerning the special depart- ment of any absent Commissioner unless such business has department— . . 1 no action as to been made a special order 01 the day, or such action is taken business of, . "^ unless. at a regular meeting of the Board. Special meetings may be called by the President of said special Board, or by any two members thereof, at any time, to consider ^ffJ^J^ff^fn^s only such matters as shall be mentioned in the call for said°^" meeting, and written notice thereof shall be given to each mem- ber of said Board. 14 Sec. 17-1I Charter of the City of Galveston Legislative AH legislative sessions of said Board, whether regular or sessions open. ° ° called, shall be open to the public. Lawmaking power of Board. Publication of ordinances. Proof of publi cation. Revised ordi- nances not published. Ordinances take effect, when. Ordinances evidence in Court. Sec. 17. The Board of Commissioners of said city shall be vested with the power and charged with the duty of making all laws or ordinances not inconsistent with the Constitution and laws of this State, touching every object, matter and sub- ject within the local government instituted by this Act. Every ordinance imposing any penalty, fine, imprisonment or for- feiture for a violation of its provisions shall, after the passage thereof, be published in every issue of the official newspaper for ten (10) days successively (excluding Sundays), and proof of such publication by the printer or publisher of such news- paper made before any officer authorized to administer oaths and filed with the Secretary of the Board of Commissioners, or any other competent proof of such publication, shall in all courts be conclusive evidence of the legal publication and pro- mulgation of such ordinances; Provided, that amendments and corrections made in digesting and revision for publication in book form need not be so published. Ordinances passed by the Board of Commissioners and requir- ing publication shall take effect and be in force from and after the tenth publication thereof, unless it be otherwise expressly provided in such ordinance. Ordinances passed by the Board of Commissioners and not requiring publication shall take effect and be in force from and after their passage, unless it shall therein otherwise expressly be provided. All ordinances of the city, when printed and published and bearing on the title page thereof the words "Ordained and published by the Board of Commissioners of the City of Galveston," or words of like import, shall be prima facie evidence of their authenticity and shall be admitted and received in all courts and places without further proof. Ordinances; style of • Sec. 18. The style of all ordinances shall be, "Be it ordained by the Board of Commissioners of the City of Galveston," but such caption may be omitted when said ordinances are pub- Charter of the City of Galveston Sec. ipa-iQb 15 lished in book form or are revised and digested under' the order of the Board. Sec. 19. The Board of Commissioners at their first meeting: charter offi- ° cers; appoint- after their quahfication, or so soon thereafter as possible, shall ^ent of. select the following officers, to-wit: a secretary, a treasurer, an attorney, a recorder or judge of the Corporation Court, an assessor and collector of taxes, a chief of police, a chief of the fire department, an engineer who shall also be superintendent of streets, an auditor, a secretary of waterworks and sewerage departments, a harbor master, a sexton, a superintendent of waterworks and sewerage, an engineer of the waterworks, an assistant engineer of the waterworks; and, if deemed necessary by the Board, an inspector of waterworks and sewerage plumb- ing, an assistant chief of police, an assistant chief of the fire department and an assistant city engineer. All said officers so elected shall hold their offices for two years, and until the office, election and qualification of their successors, unless removed by the said Board of Commissioners under the authority vested in it by this Act. No one shall be eligible to appointment or election to the foregoing offices or any of them unless he be at ah officers the time of his appointment a qualified voter in the City of?otersf Galveston. SECRETARY. (a) It shall be the duty of the Secretary to attend every city Secretary meeting of the Board of Commissioners and keep the minutes "^^^-^^^^y- and records of all their proceedings in a well bound book kept for that purpose, and he shall perform such other duties as may be required of him by said Board, and shall receive a salary not to exceed fifteen hundred ($1500.00) dollars per annum, pay- able monthly. TREASURER. (b) The Treasurer shall give bond in such amount and in Treasurer^ such form as may be required by the said Board, in a sum not " ' less than $100,000.00 and with two or more good and sufficient i6 Sec. 19b Charter of the City of Galveston Daily deposits with Treasurer Duplicate receipts. Treasurer's receipts handed to Auditor. Treasurer's monthly reports. Treasurer- new bond required. City deposi- tories — daily deposits by Treasurer. sureties to be approved by the President of the Board and the Commissioner of Finance and Revenue, said bond to be condi- tioned for the faithful discharge of his duties. It shall be his duty to receive and keep, as herein provided, all money belong- ing to said city, and to pay out the same only on warrants drawn by the Auditor and signed by the President of said Board, and countersigned by the Commissioner of Finafice and Revenue under the seal of said Board, and not otherwise. All moneys belonging to said city, and received by any officer or agent thereof, either from collections, fines, or any other source what- soever, shall be by him deposited with the said Treasurer daily. For all moneys received the Treasurer shall give duplicate receipts in all cases, one to the party paying the said money into the treasury and one for the Auditor. All persons charged with the collection of any money under this Act, or ordinance passed in pursuance thereof, shall promptly pay the same over to the Treasurer, under such penalty as may be prescribed by ordinance, and shall forthwith hand the Treasurer's receipt to the Auditor, who shall countersign the original receipt and retain the duplicate; and the party paying shall then hold said original receipt. Said Treasurer shall render a full and correct statement of his receipts and- payments to the Board of Commissioners at the first regular meeting of the Board of Commissioners in each month, and whensoever at other times he ma}^ be required by any member of said Board so to do. The Board of Commissioners shall have the right to require of the Treasurer a new bond whenever in their opinion the exist- ing bond is insufficient, and whenever such new bond is required he shall perform no official act until said bond shall be given and approved in the manner aforesaid. The said Treasurer shall make daily deposits of such sums of money as shall be received by him from all sources of revenue whatsoever, to his credit as Treasurer of said city, in one or more banks situated in said city, to be selected by said Board of Commissioners, and any such bank, before any such deposit is made therein, shall be required to enter into an obligation Charter of the City of Galveston Sec. 19c 17 with the said Board of Ccmmissioners to pay into the treasury Contract and of such city interest at a rate to be fixed by said Board of Com- missioners, and which rate may be changed in the same manner, such rate not to be less than three (3) per centum per annum, Rate of interest. which said interest shall be payable at the end of each month and shall be based on the average daily balances for the month. The said bank shall also execute a good and sufficient bond, Bond— , , . . . approval of. with sureties to be approved by the said Board of Commissioners, and conditioned that such bank will safely keep and account for, and pay over said money on demand and as ordered by tlie Board of Commissioners. The said Board of Commissioners in the selection of any such depository bank shall take into Reputation consideration the reputation and solvency thereof, and the Jf^^g^^^^^Jj^g sufficiency of the security offered by such bank. All interest *'*'°^^^®^®*^- paid by any such bank upon such balances shall be collected by the Treasurer of said city, and shall be by him reported in j^terest— how his next statement follo^ving such collection, and shall be con- ^^^p^^®^ °^' sidered and treated as part of the general fund of such city, subject to use for any legitimate municipal purpose. And said Treasurer shall do and perform such other acts as Treasurer- such Board of Commissioners may require of him, and for ^U^^^''^^" such services he shall receive such salary as may be fixed by the Board, not exceeding the sum of twelve hundred ($1200) dollars per annum, payable in equal monthly installments. ASSESSOR AND COLLECTOR. (c) The Assessor and Collector shall make up all the assess- Assessor and Collector — ments of all property for taxation in said city, including the duties. license and occupation taxes, and make rolls thereof, and on completion of the said rolls he shall report the same to said Board of Commissioners for their action. He shall have power and authority to administer any and all oaths in connection J^^^^^^^*"*^" with the duties of his office as required by the Board of Com- i8 Sec. 19c Charter of the City of Galveston Board of equalization. Supplemental tax lists. Taxes; collection of. Bond of Assessor and Collector. missioners or otherwise by law. It shall be the duty of said Board, as soon as the assessment rolls of taxes due the city are completed, to sit as a board of equalization, to equalize the taxes assessed on said rolls, and in addition to the powers granted them by this Act they shall also have the same powers and perform the same duties as the County Commissioners' Courts of this State in regard to the assessment of property for taxation, and the equalization thereof, and shall be governed in their procedure and acts in this respect as is now provided by the laws of this State relating to the equalization of State and County taxes by the said Commissioners' Courts: Provided, however, that said Board shall not sit for more than thirty (30) days in performing the duties herein prescribed. It shall also be the duty of the said Assessor and Collector to make out lists of all property, real and personal, which has not been given in for assessment either for the current or any former year or years, according to the provisions of this Act and ordinances made in pursuance thereof, and to assess the same in the name of the owner, if he be known, and, if not, then it shall be assessed by description of the property, and by the name of the last known owner, or as "unknown," as the case may be, and the value of such property shall be deter- mined by said Board of Commissioners sitting as a board of equalization ; and such action may be taken to enforce the collec- tion of taxes so assessed, if the same are not paid, as is herein prescribed for the collection of taxes on property given in for assessment. Said Assessor and Collector shall also collect all taxes levied by this Act, including any tax levied for public schools, and in the collection of the same, in the event of non-payment, he shall proceed in accordance with the provisions of the laws of the State governing the collection of taxes, and shall have the right to employ such remedies to enforce such collection as are provided by the laws of the State for the collection of taxes levied for State and County purposes. He shall give bond in such amount and in such form as said Board of Commissioners may provide, in a sum not less than Charter of the City of Galveston Sec. igd 19 twenty-five thousand ($25,000) dollars, with two or more good and sufficient sureties to be approved by the President of said Board and the Commissioner of Finance and Revenue; and the Board of Commissioners shall have the right to require a new bond whenever in their opinion the existing bond is insufficient, and whenever such new bond is required he shall perforni no official act until said bond shall be given and approved in the manner aforesaid. He shall daily pay over to the Treasurer all moneys by him Daily deposits collected, and shall report to said Board of Commissioners at measurer the first meeting of that body in every month a full statement of all moneys so collected and paid over by him; and shall per- form all such other duties, and in such manner, according to such rules and regulations as the said Board of Commissioners shall prescribe. He shall receive for his services an annual Salary, salary not to exceed the sum of eighteen hundred ($1800) dollars. ATTORNEY. --^ (d) It shall be the duty of the Attorney to represent the Attorney— said Board of Commissioners in all cases brought for or against ^^*'®^- said city in the courts of the State, or of the United States, in the County of Galveston and in the Corporation Court of said city. When requested by the said Board of Commissioners or any member thereof, he shall in writing give legal advice on all questions that may be referred to him, and shall, also in writing, advise the officers of said city as and when he may be called on for said advice. He shall, when requested, prepare all ordinances, and examine, supervise, prepare and approve g^j^^ ^^^ as to form all contracts made by or with the said Board of Com- commissions. -^ Bona. missioners. He shall receive an annual salary not to exceed twelve hundred dollars ($1200) and such commissions as may be allowed by said Board of Commissioners; Provided, that no commissions exceeding five (5) per cent shall be allowed said Attorney fpr the collection of taxes, and, then only on such 20 Sec. 196 Charter of the City of Galveston taxes as he may collect under the order of the Board. He shall Bond. give bond for the faithful performance of his duties in the sum of five thousand ($5000) dollars. AUDITOR. Auditor — duties. Salary and bond. (e) It shall be the duty of the Auditor to examine in detail all bills, accounts and claims against the said city, and, if found correct, sign his name in approval thereof; but, if found incorrect, he shall return them to the party, presenting the same for cor- rection. He shall be the general accountant of the said city, and shall keep in books regular accounts of all real, personal and mixed propertyof the said city, of all receipts and disburse- ments of money, and under proper heads, separately, each source of receipt and the cause of each disbursement; and shall also keep an account with each person, including the officers, who have money transactions with the said city, crediting amounts allowed by proper authority, and specifying the par- ticular transaction to which such entries apply. It shall also be his duty at least once in each month to examine the books of accounts of all officers of said city charged with the receipt and disbursement of money, and, if they be found incorrect, to at once make a report in writing of the same to the Commis- sioner of Finance and Revenue. It shall also be his duty to examine all warrants and countersign the same after appropria- tion has been duly made to pay the same by said Board of Com- missioners; and he shall render such other services from time to time as said Board of Commissioners may direct. He shall receive for his services such compensation as said Board may determine, not to exceed fifteen hundred ($1500) dollars per annum, and shall give bond for the faithful performance of his duties in the sum of ten thousand ($10,000) dollars, with two or more good and sufficient sureties, to be approved by the President of the Board and by the Commissioner of Finance and Revenue. • Charter of the City of Galveston Sec. igf-igg 2l HEALTH PHYSICIAN. (f) The Board of Commissioners shall also, at their first Health Physi- . , . , . ^ . 1 r • ^i^'^ — duties. meetmg after their qtialmcation, or as soon thereafter as possi- ble, elect a Health Physician, who shall be a physician in actual practice, who shall be charged with the duty of enforcing all quarantine regulations and of keeping the streets, alleys and sidewalks of said , City and all premises therein in a sanitary condition, and he shall be authorized to enter all houses and other places, public or private, at all times, in the discharge of his duties for improving and maintaining the sanitation of said City and the prevention and suppression of diseases, and shall have the power to abate or cause to be abated all nuisances which may endanger or affect the health or comfort of the people of said city and generally to do all acts and make all regulations that may be necessary or expedient for the promotion of health or the suppression of disease. He shall receive an annual Salary and salarv of not to exceed fifteen hundred dollars. He shall give a bond for the faithful performance of his duties in the sum of five thousand dollars, with two or more good and sufficient sureties, to be approved by the President of the Board and the Commissioner of Finance and Revenue; and shall perform such other duties as may be prescribed by said Board of Commis- sioners. ENGINEER. (g) The Engineer of said city shall be a professional civil Engineer- engineer, and it shall be his duty to ascertain the established [Amended Acts monuments of said city, and from them to extend surveys thereof, and establish others, and to locate, establish and survey all private property, streets and alleys within the territorial limits of said city when so called on or required so to do. He shall also maintain the grade of all the streets and alleys in said city, and exercise general supervision and superintendence over all work undertaken on the streets, alleys and public squares thereof; make estimates and plans, and give instructions 2 2 Sec. iQh Charter of the City of Galveston as to grading or otherwise improving the same, and with respect to the construction of sidewalks so as to secure and preserve proper proportions and uniformity in the height and width thereof; and also to superintend and direct the construction of all culverts, bridges, drains, ditches, and other improvements projected by said Board; and he shall see that all parties con- tracting with said Board to do any work as aforesaid shall faith- fully perform their contract, and in the event of their failure so to do it shall be his duty to report the 'same to the President of said Board. He shall also have and exercise general super- vision over the construction of all railways which may at any time be constructed through the streets of said city, requiring them to conform to the established grade, so as not to impede the use and passage of said streets; and he shall perform such other duties as may be prescribed by the Board. He shall Salary and reccive for his services a salary not to exceed fifteen hundred ^®®^- ($1500) dollars per annum, and such fees as the Board may by ordinance prescribe for making surveys and fixing boundaries of private property or other work, which fees shall be paid by the owners of such private property or other person, as may be directed by the Board; but in no event shall such fees be charged against or collected of the city for any work done by said Engineer. HARBOR MASTER. Harbor^Master (h) The Harbor Master shall have the power to regulate and station all ships or other vessels in the harbor or harbors of said city, and at the wharves thereof, or moored or anchored near thereto, and to superintend and enforce the execution of all rules and ordinances regulating the clearing of the docks in said city, and to prevent and remove, or require the removal of, all nuisances about them; to prevent the filling up of the harbor and channel in said city, and generally to direct and control the manner of loading and unloading the vessels at the Salary. docks or wharvcs in said city. He shall receive an annual Charter of the City of Galveston Sec. iqI-iqJ 23 salary of not exceeding one thousand ($1000) dollars. HegQ^j. shall give bond for the faithful performance of his duties in the sum of five thousand ($5000) dollars, with two or more good and sufficient sureties, to be approved by the President of said Board and by the Commissioner of Finance and. Revenue, and to perform such other duties as may be prescribed by said Board of Commissioners. SUPERINTENDENT OF WATERWORKS AND SEWERAGE. (i) The Superintendent of Waterworks and Sewerage shall Superintendent have full charge of the city waterworks and city sewerage sys- and Sewerage tem and all property connected therewith, and shall manage and control the same. He shall inspect all parts of said water- works and sewerage systems and see that they are maintained in good condition for use and are being properly cared for, and that all employees of the waterworks and sewerage departments are attending to their respective duties. He shall keep in good repair the pumps, hydrants and all other waterworks and sewefage fixtures and property, and under the direction and orders of the Board. He- shall employ all such laborers as may be necessary in said departments. The Superintendent shall perform all such other duties as may be prescribed by the Board of Commissioners, by ordinance or resolution, and shall receive for his services the sum of not exceeding twelve hundred ($1200) Salary, dollars per annum, payable in equal monthly installments. ENGINEER AND ASSISTANT ENGINEER OF WATERWORKS. (j) The Engineer of said waterworks shall perform such Engineer of duties as may be prescribed by the Board of Commissioners and shall receive for his services the sum of not exceeding fifteen hundred ($1500) dollars per annum, payable in equal monthly installments. The Assistant Engineer shall take the Assistant, place of the Engineer during his absence and shall perform such Duties. 2 4 Sec. 19k- 1 9m Charter of the City of Galveston Salary. dutics as shall be required of him by the Board. He shall receive a salary of not exceeding ten hundred and eighty ($1080) dollars per annum, payable monthly. SECRETARY OF WATERWORKS AND SEWERAGE. wSworkf (^^ ^^ ^^^^^ ^^ ^^^ ^^^y °^ ^^^ Secretary of Waterworks and — du^tr^^^^^ Sewerage to keep regular sets of books for waterworks and sewerage accounts, showing in detail the business transactions of his department, and to report to the Board of Commissioners at the beginning of each month the transactions of the preceding month, including a payroll of its officers, agents and employees, and a correct account of all collections, purchases, expenditures and approved claims entitled to payment. He shall give bond Siar^ ^"^ ^^-^ ^^^ faithful performance of his duties in the sum of ten thousand ($10,000) dollars, with two or more good and sufficient sureties, and shall receive a salary of not exceeding fifteen hundred ($1500) dollars per annum, payable monthly. INSPECTOR OF WATER AND SEWERAGE PLUMBING. Inspector of (1) The Inspcctor of Water and Sewerage Plumbing shall ^Vflitcr WO rks and Sewerage havc supcrvision of all watcrworks and sewerage plumbing [Amended Acts and conncctious. He shall have authority to enter all premises and inspect such connections, and enforce all regulations of the Board concerning the same. He shall make regular reports, Bond and as may be required by the Board. He shall give bond in such sum as may be ordered by the Board, and shall receive a salary not to exceed twelve hundred dollars ($1200) per annum, payable monthly. SEXTON. (m) It shall be the duty of the Sexton to exercise a general Sexton— superintendence over all cemeteries in said city, whether belong- duties ing to said city or not. He shall keep a registry of all burials and the location thereof, in said cemetery, of all persons buried within the territorial limits of said city, and keep all walks in Charter of the City of Galveston Sec. 20 25 the cemeteries belonging to said city in good condition and free from rubbish, and generally to have charge of the interment of all bodies within said city. He shall perform such other duties as may be required of him by said Board of Commis- sioners, and shall receive for his services not more than one thousand ($1000) dollars per annum, to be paid in equal monthly gaiary. installments, and such fees as may be allowed by ordinance. Sec. 20. Said Board of Commissioners shall have full power PoUce depart- and authority to establish and maintain a police department, lishm'ent of; to be composed of a Chief of Police, an Assistant Chief of Police, — appoint-^ ^^^ two sergeants and such number of patrolmen or policemen asgeant's; patroi- such Board may deem necessary, said officers and members™^"* of said police department to be appointed, and their compensa- tion and duties to be fixed, defined and regulated as hereinafter provided ; and shall also have power and authority to establish Fire Depart- j... r:j.-j.j.j. i:: • j ment — estab- and mamtam a nre department, to procure fire engmes and lishment of. other apparatus for the extinguishment of fires, and provide procured."^^ engine, houses for keeping and preserving the same, and said fire department shall be composed of a Chief of the Fire Department, ^^j^-gf. assistant an Assistant Chief of the Fire Department, and such number ^^^^^^^^^'"^ of firemen as said Board may deem necessary, the officers and ^^^^g^^^^^^"^" members of said fire department to be appointed and their compensation and duties to be fixed, defined and regulated as hereinafter provided. At the first meeting of said Board of Commissioners after their qualification, or as soon thereafter as possible, it shall be the duty of the Commissioner who may be selected as Police Duty of Police and Fire Commissioner to prepare and present to the Board of migsioie^r. ™' Commissioners' in writing his recommendations of persons for appointment, both in said police and fire departments, based on the integrity of character and physical and intellectual capacities of the applicants for such positions; and the said Board of Commissioners shall, upon receiving such recommenda- tions, select therefrom proper persons to fill such positions in getection*. "^^ ^ the departments respectively as may be by them deemed wise 26 Sec. Charter of the City of Galveston Failure to make list of appointment ^ Board to elect when. Good men of old force preferred. Suspensions. Report suspensions. Copy to suspended officer. Charges heard by Police and Fire Commis- Rules and Regulations made by Board and necessary; and upon the failure or refusal of said Police and Fire Commissioner to present said recommendations at the second regular meeting of said Board, it shall thereafter proceed to elect proper persons to fill such positions; Provided, however, that so far as it may be practicable and consistent with good order, discipline and improvement of the public service, it shall be the duty of said Police and Fire Commissioner to prefer in recommendations to said Board for appointment to the police and fire departments, respectively, those men who have proved themselves capable, good and efficient in the performance of their duties, and the said Board shall give due weight to such recommendations; Provided, however, that the Chief of Police and Chief of the Fire Department shall have the power to • temporarily suspend any subordinate officer or member of their departments, respectively, for reasons satis- factory to said Chief of Police or Fire Department, as the case may be, and to appoint some person to discharge the duties of sucl) suspended officer or member until the grounds of such suspension can be inquired into by the Police and Fire Com- missioner; and it shall be the duty of the chief in whose depart- ment such suspension shall occur to report the same in writing within three (3) days, with the reasons therefor, to the said Police and Fire Commissioner, and also to furnish such sus- pended officer or member with a copy thereof within like time. Said Police arid Fire Commissioner is hereby invested with exclusive jurisdiction to hear and determine any and all charges against any member of the police and fire departments for infractions of discipline, disobedience- of orders, incompetency, corruption, malfeasance or nonfeasance in office, for violation of any of the rules or regulations prescribed for the government of said police and fire departments, or for any conduct unbe- coming an officer or member of the said departments, respect- ively ; and every officer and member of the police and fire departments shall obey all lawful rules and regulations pre- scribed by said Board of Commissioners for the government of said police and fire departments on pain of dismissal, or such lighter punishment, either by suspension, reduction or for- Charter of the City of Galveston Sec. 20 27 feiture of pay, or otherwise, as the said PoHce and Fire Com- Charges missioner may adjudge; Provided, however, that all charges or ^^^'"^* ^^'^^^• complaints against the Chief of Police or the Chief of the Fire Department shall be heard and determined by said Board of Commissioners as provided in this Act in case of trial before said Board of Commissioners. In case of any charges or com- plaints made under the provisions of this section against any member of said fire or police departments within the jurisdic- poii^e and Fire tion of the Police and Fire Commissioner, he shall have the ^ay'^^m'imV power to administer oaths to summon and compel the attend- gu^n^^o^^^' ance of witnesses before him, and to examine such witnesses ^'*'^^^^^^- upon any matter where it may be necessary to the discharge of his duties. The Chief of Police shall attend upon the court which may be chief of Police ^ to attend court designated by law for the trial of offenses arising under this Act, under any ordinance, rule or regulation enacted by the Board of Commissioners pursuant to this Act, and shall promptly and faithfully execute all writs and process issuing from said Execute process. court. He shall be the chief police officer of said city and shall have like power with the sheriff of the county to execute the Like power of Shenn. writ of search warrant. He shall be active m quellmg riots, disorders and disturbances of the peace within the limits of Queii riots, ^ rv J disturbances, the said city, and shall take into custody all persons so offend- etc. ing against the public peace, and shall have the authority to take suitable and sufficient bail for the appearance before said court of any person charged with an offense within the juris- diction of said court ; and it shall be his duty to arrest all persons Arrest disturb- . . . . ers.of peace, who shall obstruct or interfere with him m the execution 01 the duties of his office, or who shall be guilty of disorderly conduct, or any disturbance whatever. To prevent a breach of the peace, or to preserve quiet and good order, he shall have authority Close theaters, , ^ \ ■, ^■, -1 • 1 • 1 barrooms, etc. to close any theater, barroom, ballroom, drinking house or any other place or building of public resort, and in the prevention and suppression of crime and the arrest of offenders within said city, he shall have, possess and execute like power, authority other-duties; I 1 • rv <• -111 r j^i • boiid; salary. and jurisdiction as the sheriff of a county under the laws 01 this 28 Sec. 20a Charter of the City of Galveston State. He shall receive a salary of not exceeding fifteen hundred ($1500) dollars per annum. He shall give such bond for the faithful performance of his duties, and perform such other duties, and possess such other powers, rights and authority, in addition to those herein provided, as the Board of Commissioners may require and confer upon him, not inconsistent with the Constitution and laws of this State and the provisions of this Act. In case of the absence, sickness or inability to act, of the Chief of Police, said Police and Fire Commissioner shall have the power, and it shall be his duty, to designate some other Actin Chief of ^^"^t)er of Said police department as Acting Chief of Police Police; ap- during the period of such absence, sickness or inabilitv to act pointment of. ° ^ ' of said Chief of Police. Fire Chief— The Chief of the Fire Department shall be charged with the "duty of superintending and directing the extinguishing of fires and preservation and safe-keeping of all fire engines, hose and other apparatus used in connection therewith; he shall have the power, and it is hereby made his duty, to keep away from the vicinity of any fire all idle, disorderly and suspicious persons, and to compel all officers of the city and all other persons to. aid in the extinguishment of fires and the preservation of prop- erty exposed to danger thereat, and in preventing goods from being stolen, and generally to carry out and enforce such regu- lations for the prevention and extinguishment of fires as may be by said Board of Commissioners deemed expedient. Assistant Fire The Assistant Chief of the Fire Department shall receive le , sa ary. ^^ compensation for his services the sum of not exceeding twelve hundred ($1200) dollars per annum. The Assistant Chief of Police shall receive as compensation for his services the sum Assistant Chief of not exceeding twelve hundred ($1200) dollars per annum; Siifry!''^' Provided, however, that neither the Assistant Chief of the Fire Department nor the Assistant Chief of Police shall be appointed unless deemed necessary by the Board of Commissioners. Proviso. Salary. Scc. 20 (a). The Chief of the Fire Department of the City of Galveston shall receive as compensation for his services a IS of Engine houses Salary. Fireme: Salary, Charter of the City of Galveston Sec. 21-22 29 sum not exceeding eighteen hundred ($1800) dollars pei annum, as may be fixed by the Board of Commissioners. And so much of Secton 20 of said Charter of the City of Galveston as fixes the salary of the Chief of the Fire Department at $1500 per annum is hereby repealed, and the Captains of Engine Houses Captain; shall each receive a salary of ninety ($90) dollars per month; Salary the hosemen, truckmen, tillermen, drivers and firemen in the Firemen, etc. service of the Fire Department shall receive a salary of seventy ($70) dollars per month, the engineers in the service of the Fire f Pf^^^^s^jj^'^ Department shall receive a salary of ninety ($90) dollars perg^ary month. Sec. 21. Said Board of Commissioners shall have power J^^^®J^«~j from time to time to require further and other duties of all ^J^^^^^^ti^^ officers whose duties are herein prescribed, and to define and p^^^^"'^®*^- prescribe the powers and duties of- all officers elected to any office under this Act whose duties are not herein specially ^^^^^^^^^^.^^ mentioned, and to fix their compensation when not herein ^^^^^ed by fixed. They shall also require bonds to be given to said city by all officers for the faithful performance of their duties, and give bonds, shall require a new bond from any officer whenever in the ^ew bonds, judgment of said Board the existing bond is insufficient, and whenever such new bond is required he shall perform no official act until said bond shall be given and approved. The Board of Commissioners shall provide for the filling of vacancies in ^^'^^°^^®^' all offices not herein provided for, and in all cases of vacancy the same shall be filled only for the unexpired term. Sec. 22. The present Board of Commissioners, officers and oid Board and r ■ 1 r^- r /^ 1 i 11 • • ££^ ofEccrs con- employees of said City or Galveston shall continue m omcetinued. and in the exercise of their functions until the Mayor and Com- missioners provided for herein are elected as herein provided and have qualified and shall otherwise provide. And all acts done or to be done, and proceedings taken or had or to be taken, or had by or under authority of said present Board of Commis- sioners in pursuance of or in compliance with said Act of the Legislature, approved April 18, 1901, or this Act, are hereby 30 Sec. 23-24 Charter of the City of Galveston Acts validated, validated and confirmed to all intents and purposes as though no question had ever been made concerning the authority of said present Board of Commissioners. Ordinances Scc. 23. All Ordinances, regulations or resolutions now in continued in ° force. force in the City of Galveston, and not in conflict with this act, shall remain in force under this Act until altered, modified or repealed by the Board of Commissioners herein provided for. No salary to exceed $900. Fees prohibit- ed, except. Fees paid to city. City Electri- cian; salary. Sec. 24. The day sergeant and the night sergeant of the police force of the City of Galveston, the linemen in the Water- works Department in said City, the foreman of the Sewer Depart- ment of said City, the day engineer and the night engineer in the Waterworks Department at Alta Loma shall each receive a salary not to exceed ninety ($90.00) dollars per month. Except as herein c5r by this Charter provided, no salary shall exceed nine hundred ($900.00) dollars per annum for any office or employment which said Board of Commissioners are authorized to create under the provisions hereof, and no officer shall receive fees or commissions except as herein provided or as may be ordered by the Board of Commissioners; and any officer appointed or elected by the Board may be required by said Board, in consideration of the salary paid him, to collect and pay over to and for account of the City all fees to which he may be entitled, whether under the general law, this Charter, or any order of said Board of Comrnissioners. And said Board of Commissioners shall also have the right to appoint a City Electrician at a salary not to exceed one hundred ($100.00) dollar.s per month, who shall perform all such duties as may be required and prescribed by said Board of Commissioners; Provided, that the City Commission may combine said office of City Electrician and the office of Superintendent of the Electric Light Plant, at a salary not to exceed one hundred and twenty-five ($125.00) dollars per month. Charter of the City of Galveston Sec. 25-29 31 Sec. 25. The duration of all offices created by this Act, orxgrmsof by any ordinance pursuant to this Act passed by the Board '^*^^' of Commissioners of said city, shall never exceed two years; Provided, nevertheless, that the incumbent of any such office shall continue to perform the duties thereof until his successor,, ^ Vacancies, is duly qualified. In case of vacancy in the Board of Commis- how filled, sioners of said city, such vacancy shall be filled in the manner provided in Section 10 of this Act for the unexpired term, and in case of vacancy in any other office in said city the Board of Commissioners thereof shall fill such vacancy for the unexpired term. Sec. 26. The Health Physician, Attorney, Engineer, Auditor p^^f^J^^^i^^- and Chiefs of PoHce and Fire Departments shall attend air^^^'^'"^- regular meetings of the Board of Commissioners and any special meeting of said Board at which their presence may be requested by any member of the Board. They shall have the privilege of participating in the discussion of matters relating to their respective departments, but shall have no vote. Sec. 27. All official bonds required under this Act, except official bonds the bonds of the members of the Board of Commissioners, shall be made payable to the City of Galveston, and shall be in such form and with such sureties as the Board of Commis- sioners may prescribe. Sec. 28. It shall not be necessary in anv action, suit or pity npt to give bond in judi- proceeding of any kind in which the City of Galveston is a party, ciai^ proceed- for any bond, undertaking or security to be executed b}^ or in behalf of said city, but all such actions, suits, appeals or proceedings shall be conducted in the same manner as if such bond, undertaking or security had been given, and said city shall be liable to the same extent as if they had been duly given and executed. Sec. 29. The Board of Commissioners shall have authority Board to create from time to time to create and fill and discontinue offices and o^^g^""^''^"^ employments other than herein prescribed according to their 32 Sec. 30-32 Charter of the City of Galveston Remove officers. Fix compen- sation of. All officers qualified voters. judgment of the needs and requirements of the city, and in their discretion, by a majority vote of all the members of the Board; to remove, for or without cause, the incumbent of any such office or employment, and may, by order or otherwise, prescribe, limit or change the compensation of such officers or employees. All officers of the city shall at the date of their appointment be qualified voters of the City of Galveston. Officers sick or Scc. 30. In casc of sickucss or absence or inability from any tute for. cause on the part of any official to perform his duties, the Board of Commissioners may provide for the performance of such duties by a temporary substitute of such officer, or otherwise, as they may deem best, and the acts performed by such sub- stitute or otherwise, as said Board may direct, shall be deemed as valid for all intents and purposes as though performed by the said official himself. Breaches of Sec. 31. All of the officials of said city charged with dis- duty of city -^ ° officials; bursing, safe-keeping or performing any other acts touching the taxes or other revenues of said city now due or that may hereafter become due, shall be liable for any and all breaches of duty touching the same, as are the State and county officials in regard to like services and acts, and may be proceeded against criminally and civilly in the same way. It shall be the duty of the District Attorney of the district in which said City of Galveston is situated to enforce all such remedies, civilly and criminally, just as in the case of State officers; Provided, that nothing in this section shall impair the jurisdiction of the Board Right of Board of Commissioners in respect to such offenses, as provided in this Act, but all such remedies shall be deemed and held to be cumulative. District Attorney to prosecute. Officers — re- moval of for incompetency, etc. Sec. 32. The Board of Commissioners shall have the power to remove any officer for incompetency, inefficiency, corruption, mal-conduct, malfeasance, or non-feasance in office, or such other causes as may be prescribed by ordinance after due notice in writing, and opportunity to be heard in his defense, under the rules and regulations hereinafter set forth. That whenever Charter of the City of Galveston Sec. 33 33 charges are preferred in writing under oath, and filed with the President of said Board by any person against any such officer for any or all of the offenses named or provided for as above, it shall be his duty to have the accused duly served with a copy of such charges and shall set a day to inquire into the truth of such charges, and shall notify the accused and the Notice to other members of the said Board, and the witnesses for and **'*^"^®'^' against the accused, to be present, and the said Board of Com- missioners shall constitute a Court to. try and determine said case and they are hereby invested with exclusive jurisdiction to hear and determine said charges, and may continue the g^^^j ^^ ^^^ investigation from day to day, upon proper showing, to enable ^^^'"s®^- the accused or prosecutor to get material evidences before said Board. The accused shall have the right to be heard in Accused en- ° , titled to person or by counsel, and said Board shall likewise be repre- counsel, sented by counsel, if they desire it. Upon the conclusion of the investigation and argument of the case, a vote shall be taken on each charge and specification, and if a majority of all members of said Board vote to sustain either of the charges against the accused, said Board shall enter or cause to be entered its judgment in which shall be recorded the vote of each member , .^ . 1 Vote on of the Board upon the several- charges and specifications, and charges, an order shall be entered removing the accused from his office and declaring the same vacant. But if the vote is otherwise, the accused shall be declared "not guilty," and judgment Judgment entered accordingly. entered. Sec. 33. The hospital in said city known as the "John Sealy john Seaiy Hospital," shall, so long as the same is under lease from the State to the city, be under the exclusive control of a board of managers to be known as the "John Sealy Hospital Board," _*J|rm^of office and to consist of five members to be chosen or appointed as hereinafter provided every two years, and within thirty days after the installation of each new Board of Commissioners. Two of the members of the said hospital board shall be selected ^jPP''^^*"'^"' from said Board of Commissioners, two to be named or selected 34 Sec. 33 Charter of the City of Galveston Hosi)ital employes — selection and discharge of; salaries and duties. Anionut ex- pended, fixed by City Commissioners Rules and regulations. Health Physi- cian to desig- nate charity patients. Pay patients. Charity patients first right. by the Board of Regents of the University of the State, and the fifth member to be named or selected by these four ; Provided, however, that all members of said John Sealy Hospital Board shall be resident citizens of said City of Galveston, and Provided further, that in case a majority of said four cannot agree upon the fifth member, then such fifth member shall be named or designated by the President of the Board of Commissioners. The said John Sealy Hospital Board shall have the exclusive right to appoint the house surgeon, steward, matron, nurses and such other subordinate officers and employees of said hospital as may be required for properly carrying on or con- ducting the same; to designate the duties of such subordinate officers and employees; to determine their salary and compen- sation, and change the same, and to suspend or discharge them; Provided always, that the said hospital board shall in no event exceed in any one year in their expenditures the annual allow- ance set apart by the Board of Commissioners for defraying the expenses thereof; and the said Board of Commissioners, as long as said hospital is under lease from the State to the said city, or is in any way responsible for such expenses, shall have the exclusive right to determine and regulate the amount to be expended in carrying on or in conducting the said hospital. The said John Sealy Hospital Board shall have the exclusive right to prescribe rules and regulations for the management and conduct of the hospital, and shall have the exclusive man- agement and contfol of its internal government. The Health Physician of said city shall have the sole and exclusive right and authority, whilst the city is such lessee, to determine and designate what person or persons may be admitted as charity patients into said hospital. Patients who pay for hospital services rendered them may, however, be received into said, hospital under rules and regulations to be prescribed by said Hospital Board; Provided, always, that applications for admit- tance into said hospital for treatment as charity patients, with written permits to that effect signed by the Health Physician Charter of the City of Galveston Sec. 33 35 of the City of Galveston, shall have precedence over all others applying for admittance therein. The financial affairs of said hospital, so long as the City of finances ^ ° -^ controlled by- Gal veston is such lessee, shall be under the exclusive control ^SiSaert. of said Board of Commissioners, and the said Hospital Board shall furnish to the said Board of Commissioners, at its regular . , ,. ° Annual esti- meeting in February of each year during said lease, an itemized ^^nsL and statement or estimate of the various officers and assistants and the nurses and other employees and their salaries and wages, and the nature and amount of all other expenses necessary to the proper management and maintenance of said hospital for the twelve months next thereafter ensuing, which statement or estimate shall be subject to revision, alteration, modification and reduction by said Board of Commissioners, and no expense g^^. or liability not provided for in said estimate or statement as ^P^V^^ ^^ finally approved and adopted by said Board of .Commissioners, missioners. and no expense or liability not provided for in said estimate or statement as finally approved and adopted by said Board of Commissioners, shall be incurred by said Hospital Board, or any subordinate in the management of said hospital, unless the approval of the Board of Commissioners in that regard shall have first been obtained. All moneys or revenues arising from ^^^^ ^ ^^j_ hospital service in said institution during such lease shall, asjj^g^, paid collected, be paid into the city treasury as a part of the revenue treasurer. of said city. The said Hospital Board shall keep and preserve or cause to be kept and preserved, in well-bound books, accurate j^j^^^^^gg ^^ minutes of its meetings and proceedings; also, in like manner gospUai a roster of all physicians and surgeons, and all officers, employees and internes of said hospital, and in what capacity serving, with dates of entering service and of discharge therefrom, length employes, ex- _ of time employed and salaries and wages allowed; and also a etc., showing hospital register, showing name, age, sex, nationality and residence of each and every person adniitted as a patient, J^Sen -disease at the date of admittance or supervening while in hospital, 36 Sec. 33 Charter of the City of Galveston dates of admittance, dates of discharge or death of all patients admitted into said hospital for treatment, the authority for the admittance of each patient, and the rate charged each and every pay patient. And the house surgeon or other officer in charge of said hospital shall keep, or cause to be kept, in well-bound books, correct and accurate accounts of all receipts and disbursements for account of said hospital, and shall render, under oath, to the said Board of Commissioners, through the Monthly gaid Hospital Board, monthly reports or statements showing, reports under ^ ' ./ jr or oath. for the month then ending, all receipts and disbursements, with proper voucher ; also the number and names of all patients received, the respective dates of admittance, and whether charity patients or pay patients; the number and names of all patients that have been discharged or have died during the month; the disposition made of the bodies of all patients who have died during the month, and the names of all officers and employees, in what capacity serving, and what salary or wages respectively. Medical staff. ^he mcdical staff of the John Sealy Hospital shall be con- stituted of the house surgeon, to be selected as above provided, and during said lease compensated by the city, of the visiting physicians and surgeons to be designated by .the Board of Regents/ Rcgcnts of the University of the State of Texas from the faculty to appoint. q£ ^YiQ medical department thereof, but who are to receive no Compensation. Compensation from the city for their services, and of two or more students from the medical branch of said University to serve as internes and to be selected by said Board of Regents, the number and duties of the internes to be determined by said hospital board, and said internes to receive for their services only their board and lodging in said hospital. The officers in charge of said hospital shall at all times admit for the purpose of inspection any member of the Board of Commissioners, or right to inspect ^^y pcrson charged with the duty of visiting or inspecting scid hospital, and in like manner the Regents of the said Univer- Qualification of . ,- . , . ^ a ,, , , , . , ^^ Hospital sity or their authorized agents. All the members of said Hos- oflBcGrs pital Board, as also the house surgeon, shall, before entering City C!om- missioners Charter of the City of Galveston Sec. 34 37 upon their respective duties, take the oath of office as prescribed by the Constitution of the State of Texas. Sec. 34. That the local government established by this Act <^enerai powers shall have power to license, tax, regulate and prescribe the government, location of all places within the corporate limits of the City of Galveston, wherein spirituous, vinous, malt liquors or medi- . cated bitters capable of producing intoxication are kept for sale, saloons, etc. (a) To do all acts and make and enforce all laws or regula- Pass sanitary tions which may be necessary and proper for the preservation and promotion of the health of the city or the suppression and exclusion of disease, and to prevent the introduction of con- tagious diseases into the city; to make quarantine laws forg^fj^j.^^ that purpose, and to enforce them within the city and within ^^*^^"*^^®- ten (10) miles thereof. (b) To control, open, close, alter, widen, extend, construct, improve ... streets and establish, maintain, regulate, grade, cleanse, pave and other- highways, wise improve, embellish and ornament the streets, alleys, high- ways, sidewalks and public grounds and places in said city* 1- -I 1- --ir -I 1 i Drams and put drams and sewers therein; provide for and regulate the sewers. lighting thereof; regulate, control, license, prevent, prohibit and suppress the opening thereof; the digging therein, the interference therewith, and the placing therein of pipes, poles, wires, fixtures and appliances of every kind, whether on, above or beneath the surface thereof; to regulate and control the use thereof by any and all persons, animals and vehicles in w^hatever way and for whatever purpose; to prevent, abate and remove encroachments, obstructions, pollutions or litter atru!ctroiA in therein; to open new streets and hi2:hways when necessary and^*'^®®*^" , -, <- -. ;. , . • Regulate use of generally to make and enforce any and all regulations m respect streets; abate ^.,.1 ri-r-» 1 •• encroachments, thereof m the judgment of the Board requisite, proper or expe-etc. dient to promote and insure the health, safety and convenience ^^l^^g"^^ of the inhabitants and public ; and whenever streets or side- Cost of street, walks shall be improved by said Board they may charge against walk improve- the premises abutting on such improved streets or sidewalks, against abut- and against the owner thereof, so much of the cost of such 38 Sec. 34 Charter of the City of Galveston improvements as may be equivalent to the benefits to and increased value of said property caused thereby, to be ascer- tained as said Board of Commissioners may direct, and any charge or assessment allowed under this clause shall be a lien on said abutting premises, enforceable in any court of compe- tent jurisdiction. The cost and expense of the betterment, improvement, paving, grading, filling or maintenance of any Alleys to be of "the alleys of the City of Galveston shall be defrayed by the c™sTof abSt- owners of the abutting lots or property, but no such alley shall owneS^^^'^*^ t)e closed or changed except by the consent of all the owners of the abutting lots thereon and the Board of Cpmmissioners of the City of Galveston. And the City of Galveston shall dol^d^except!^ always have the right to use said alleys fbr the laying and con- struction of water and sewer pipes and mains, and the laying right to use and coustruction of drains and electric light wires, telephone alleys for lay- , . . ing sewers, etc. wire s and fire alarm wires, and to authorize the laying of electric light and telephone wires and to place electric light and tele- . phone poles thereon by any person or corporation authorized fere with con- by Said city to do so ; Provided, that this enactment shall in no tract of Goed- . , , hart & Bates wisc interfere with or affect the grading and raising of said alleys. alleys as now provided for in that portion of the City of Galves- ton included within the contract between the City of Galveston and Goedhart & Bates, grade raising contractors. Regulate (c) To rcgulatc, cstabHsh and alter the grade of premises grade raising, . etc., of prem- and to rcquirc the filling up and raising of the same to such grade at the cost of the owner, or cause the same to be done at his or her expense, in which event the cost of so filling and raising of said premises shall be assessed against the same and Cost charged against the owner thereof and shall be a lien on said premises. to owner; a. ..^.. lien. enforceable m any court of competent jurisdiction. Hospitals— (d) To erect and establish hospitals, and control and regulate establish and .-i ^ „^..^^ regulate, the samc. Streets-Oreg- on and use of (c) To rcgulatc the use of streets, alleys, highways, pubhc etc. ' grounds and places, and prevent and suppress immoderate Charter of the City of Galveston Sec. 34 39 riding and driving, and to regulate, prevent or suppress the leaving or standing or going at large therein of vehicles, horses, dogs, cattle and all other animals or fowls. (f) To prohibit and punish the abuse of animals. abu£^of7~ (g) To restrain and punish vagrants, mendicants, beggars, Vagrants and tramps, prostitutes, drunken or disorderly persons within said persons— ar- city, and to provide for the arrest and punishment of the same by fine or otherwise. (h) To arrest and confine for trial, or take bond for the Arrest of ^ '^ offenders; appearance at trial, of all persons charged with offenses which confinement; ^^ J- o appearance are punished as misdemeanors by the laws of the State of Texas bond, or said local government. (i) To regulate the building, maintenance and use of party Party'waiis, walls, partition fences, parapet and fire walls, smoke flues, hot fences fire air flues, smokestacks, fireplaces of all sorts and all appliances etc. therewith connected; to require, provide, fix and regulate the inspection, safe construction, repair and maintenance of all _ public or private buildings; to regulate, restrain or prohibit construction the constructing, placing, moving or repairing of wooden or regulated, frame buildings, or structures of any kind within the limits wooden of said city or any part thereof, and to regulate, define and r "iovaf^and describe building materials that may or may not be used in the'"®^^^'"" " building or repairing of the structures of whatever sort in said ^^ateriai^to be city or any part thereof ; to require or provide for the taking f^^^ ^^ budd- down and removal, by the city or by the owner, and at the expense of the owner, of buildings, walls, or structures of any kind that are or may become dangerous, and generally to make and enforce any and all regulations concerning buildings and Dangerous building materials requisite, necessary or proper to protect nuiia*iIlS~ said city or any part thereof from fire and to protect the health repair of ;^"^ and safety of the inhabitants; and to declare all wooden buildings ^^owner. *^^^ in the fire limits which they deem dangerous to contiguous buildings, or in causing or promoting fires, to be nuisances, and require or cause the same to be removed in such manner 40 Sec. 34 Charter of the City of Galveston Buildings — regulation as to, generally. Prevent fires. Cost of removal, etc. charged to owner. Lien for. and at the expense of the owner, and generally to establish such regulations for the prevention and extinguishment of fires as said Board of Commissioners may deem expedient; and any and all costs and expense incurred by the city in the removal or destruction of any structure for any of the purposes afore- said shall, under such regulations as the Board may prescribe, be collected of the owner, and be secured by lien on the land whereon the same is or was situated. Paupers and (i) To prohibit and punish by fine the introduction into persons with " . contagious the city by steamboats, railroads or other carriers of paupers excluded. or persous afflicted with contagious diseases. Disorderly and gambling houses, etc., regulated and prohibited. Nuisances- define and regulate. Slaughter houses, curing green hides, etc., regulated and prohibited. Cows in city. (k) To regulate, control and suppress, by adequate and appropriate regulations and penalties, disorderly houses and houses of prostitution or ill-fame, houses of assignation and gaming houses in said city or any part thereof, and to punish gaming as provided by the Penal Code of the State of Texas; to define nuisances, and by adequate penalties to prevent and abate or require or cause the abatement and removal of all nuisances within the city, and for a distance of five miles out- side of the same, at the cost of the person or persons responsible therefor; to prohibit the erection of houses for curing green hides, or slaughter pens, or factories and all houses of like character within certain limits in said city or any part thereof or within five (5) miles thereof; and said local government shall have the power, and it is hereby made their duty, to limit by an ordinance or ordinances having effective penalties the number of head of cattle, not to exceed three in number, which may be kept on each city lot, or territory of similar area in said city. Yards- cleaning of, regulated. Trash in streets, etc. prohibited. (1) To provide and require that the city be kept in a clean and healthy condition, and that all yards and premises in the city are cleaned daily and so kept by the owner or occupant thereof at his own expense, and to prohibit, by proper laws and penalties, every such owner or occupant or any other person Charter of the City of Galveston Sec. 34 41 from throwing or putting any trash or improper material in the streets, alleys or sidewalks, except for the purpose of removal ; to require all owners or occupants of yards or premises to daily Waste matter deposit all waste and unsanitary material in the street nearby, removal, or elsewhere as may be prescribed by the Board, in some suit- able vessel to be provided by such owner or occupant at his or her own expense, to be carried off by the public carts, or by or at the expense of such owner or occupant as said Board may provide. (m) To regulate and control plumbers and plumbing works, Plumbing and tb enforce efficiency of the same. (n) To direct, control and prohibit the keeping and man- ^^""PJ^p?^'g_ agement of houses or any building for the storing of gi^npowder ^gg^;,^^^^ and other combustible, explosive or dangerous materials w^ithin the city, and to re'gulate the keeping and conveying of the same, and to authorize and regulate the laying of pipes, and 1 • -. . r 1 . ' Oil and gas— the location and construction 01 tanks, reservoirs and pump- keeping, etc., r -, 1 . ., \ of, regulated. mg Stations lor the storage ana conveyance of oil and gas. (o) To regulate, restrain, prohibit or prevent the use of Noises, firecrackers or other explosives or fireworks, and all noises, Irewo^Jks,^' amusements or other practices or performances tending to^^^" '■^^'^*^ • annoy persons or frighten horses or teams, or to the collection of persons on the streets or sidewalks or other public places, whether for purposes of amusement, business, curiosity or otherwise. (p) To direct and control the laying of railroad tracks, Railroad tracks , . 1 . ., , . . . regulated or turnouts and switches, or to prohibit the same m the streets, prohibited, avenues and alleys, unless the same shall have been author- ized by ordinance; to require that all railroads, turnouts and switches shall be so constructed as not to interfere with the drainage of the city, and as little as possible with the ordi- nary travel and use of streets, avenues and alleys, and that sufficient space shall be left on either side of said track for the safe and convenient passage of persons, teams, carriages iiJf^r^a^c^ions. and other vehicles, and to construct and keep in repair suitable 42 Sec. 34 Charter of the City of Galveston crossings at the intersections of streets, avenues and alleys Speed of ^^^^ ditchcs, scwcrs and culverts when the said Commissioners [eSStS^^ shall deem it necessary, and to direct the use and regulate the speed of locomotive engines within said city. Street railroads regulated. Fares regulated. (q) To make all suitable and proper regulations in regard to the use of the streets for street cars, and to regulate the running and operation of the same so as to prevent injury or inconvenience to the public, and from time to time to pre- scribe reasonable fares and transfers in the carriage of pas- sengers. . ' Waterworks and sewerage — construction of. Public wells, hydrants, etc. Protect water- works. Right of way for; condem- Rules and regulations for waterworks and sewerage. Water^and sewer rates. Connecti Water closets, sinks, etc., to be connected with sewer. (r) To provide, construct, establish, maintain, operate and regulate in said city a system of sewerage and of water- works for fire and other purposes; to make, regulate and estab- lish public wells, pumps, cisterns, hydrants and reservoirs in the streets or elsewhere within said city, or beyond the limits thereof, for the extinguishment of fires and the con- venience and health of the inhabitants thereof, and to pre- vent the unnecessary waste of water or any injury to said waterworks, and to pass ordinances for the condemnation of property for the purpose of establishing, enlarging or main- taining a system of waterworks whether within or without the limits of such city, conforming the mode and manner of the same to the rules now prescribed for cities and towns by the general laws of the State for the condemnation of prop- erty for the construction of waterworks and of sewers or sewerage systems; to adopt rules and regulations for the management of the waterworks and sewerage systems; and make and estab- lish a schedule of water and sewer rates and tolls, and pre- scribe the mode and manner of the construction of the surface pipes, alley laterals and house connections with the water- mains and sewer-pipes. (s) To require all owners, tenants and occupants of im- proved property which may be located upon or near any street or alley along which may extend any sewer or system of sewerage that the said city may construct, own or control, Charter of the City of Galveston Sec. 34 43 or that it may acquire by purchase or otherwise, to connect with such sewer or system of sewerage all water-closets, sinks or drains located upon their respective properties or premises so that their contents may be made to empty into such sewer or system of sewerage, whether said system is constructed by said city or is acquired by it by purchase or otherwise; Pro- vided, that whenever an}^ tenant or occupant shall be required under any ordinance of the city to make sewer connections, u^^^ f^^ or to do any other thing which the Board of Commissioners ^ade*by"* has the power to compel the performance, such tenant or*®"*"*' occupant shall have a lien upon the property occupied for reim- bursement and reasonable attorney's fees, if the primary obligation to do the same was on the landlord; said lien to be enforced by competent proceedings in any court of compe- tent jurisdiction, and the tenant or occupant may, when so entitled under the general principles of set-off, use such claim against his liability for rent. (t) To condemn as nuisances all buildings, cisterns, wells. Unsanitary , ^ . o ) J 7 nuisances — privies and other erections in the city, which, on inspection, abatement of. shall be found to be unhealthy, unsanitary or dangerous to persons or property, and cause the same to be abated or removed at the expense of the owner, unless the owner thereof at his or her own expense, upon notice, and with the sanction and authority of the Board, shall reconstruct the same in such manner as shall be prescribed by the law^s of the city; and as to all buildings, cisterns, wells, privies and other private cisterns, ° ' ' r- r- pnvies, etc., — improvements to be constructed in future, they shall have construction ^ -'of, regulated. the power, and it shall be their duty, to have the same so con- structed as hot to interfere with the health of persons, or the safety of persons or property within the city. (u) To regulate and determine the mode o{ inspecting Keeping and and vending of milk and milk products, flesh, meats, fish, fruits, meats, fruits, '=' x- ' ' ' ' ' gtj,^ regulated. vegetables and other provisions and to prohibit the sale of any tainted or unwholesome meats, fish, fruit, vegetables or other provisions or any milk adulterated with water or 44 Sec. 34 Charter of the City of Galveston Butchers and markets regu- lated. Milk inspection. Permit to sell milk. Public build- ings — erection and repair of. Accept money donations. anything whatsoever not constituting a part of pure milk, and to make such rules and regulations in relation to butchers as they may deem necessary and proper, to estaBlish and erect markets and market houses, and designate, control and regulate market places and privileges, and to provide a system for the inspection of milk and milk products, and to prohibit the sale of all milk and milk products unless the party offer- ing the same for disposition or sale shall have complied with any and all regulations made by said Board of Commissioners with respect thereto, and to prohibit the vending and dis- position of milk or milk products within the limits of the City of Galveston unless the party desiring to vend or dispose of such milk or milk products shall have secured or obtained from the Health Physician of the City of Galveston a permit so to do, under such regulations as the Board of Commissioners of said City may from time to time provide. (v) To erect and repair all necessary public buildings. (w) To accept any money or property for the purpose of any public or corporate use. Special funds created. (x) To provide by ordinance special funds for special pur- poses, and to make the same disbursable only for that purpose for which the fund was created, and any officer of said city misapplying said special fund shall be deemed guilty of mal- feasance in office and shall, on complaint of any one interested Misapplication in Said fuud SO misapplied, or any taxpayer of said city, be removed therefrom and shall be incapable thereafter to hold an}^ office in said city, and shall, on conviction before any court of competent jurisdiction, be fined in a sum not exceeding five thousand ($5000) dollars and be imprisoned in the county jail not exceeding six (6) months. •of, punished. "W'eapons. •Concealed Licenses — issuance of, regulated. (y) To regulate the carrying of weapons and to prevent the carrying of the same concealed. (z) To authorize the proper officer of said city to grant and issue licenses and to direct the manner of issuing and Charter of the City of Galveston Sec. 34 45 the registering thereof, and the fees and charges to be paid therefor; Provided, that no Hcense shall be issued for a longer period than one year, and shall not be assignable except by permission of the Board of Commissioners. (aa) To establish and regulate public pounds, and to regu- Public pounds late, restrain and prohibit the running or going at large ofmentof. horses, mules, cattle, sheep, swine, goats, geese, chickens, pigeons and all other animals, fowls and birds of whatever mais, birds, ^.. 1 1. 11.... 1. etc., running at description, and to authorize the distraining, impounding large, and sale of the same for the cost of the proceeding and the penalty incurred, and to order their destruction when they can not be sold, and to impose penalties on the owners or keepers thereof for violation of any ordinance or regulation in relation thereto, and to prevent, regulate and control the driving of Driving ani- cattle, horses and all other animals into or through the ciiy. ^rilts!^'^^"^^ (bb) To license and tax dogs and other animals, fowls Licensing dogs, ^ ^ *=" other animals, and birds; and regulate, restrain or prohibit their running birds, fowls, at large, and to authorize and require their destruction when kept or allowed to go at large contrary to ordinance or regu- lation, and to punish by fine the owners and keepers thereof for violation of or failure to observe any ordinance or regulation concerning the same. (cc) To establish, maintain and regulate cemeteries and Cgnjeteries— to regulate the . burial of the dead and the registrations of ^''"*' ""^ '^^^'^' deaths, marriages and births. No person shall be buried without a certificate of the physician of post-mortem exam- ination or after a coroner's inquest. (dd) To prevent and punish violations of the ordinances Ordinances— by fines, penalties and imprisonment; but no fine or penalty punishment', shall exceed two hundred ($200) dollars, nor the imprison- ment more than three months, for any offense, unless a larger fine and longer period of imprisonment is herein allowed; and to compel and force all offenders against any ordinance of the city found guilty by any court of coinpetent jurisdic- 46 Sec. 35 Charter of the City of Galveston tion and sentenced by it to imprisonment to labor on the streets and alleys of said city, or on any public works thereof, under such regulations as the Board may make and establish. SS>?(ie?fy^^^' (ee) To provide for the suppression and prevention of suSpre8*sion*''of. any riot, rout, affray, noise, disturbance or disorderly assem- bly or conduct in any public or private place within the city, to prevent all trespasses, breaches of the peace and good order, assaults, assaults and batteries, fighting, quarreling, using abusive and insulting language and misdemeanors, and to punish persons thus offending. Took fn^d'dol (ff) To prevent prize fighting, cock and dog fighting, and Sunishfd. - to punish all persons guilty thereof. Theaters, cir- (^g^'^ To Hccnse, tax, rcgulatc or prohibit theaters, circuses, etc., licensed; the exhibition of showmen and shows of any kind, and the regulated; prohibited. exhibition of natural or artificial curiosities, caravans, men- ageries and musical exhibitions and performances. Pension fund (hh) To Create and administer a special fund for the relief for pohcemen ^ ^ and firemen, of indigent and helpless riiembers of the police and fire depart- ments who have become superannuated or otherewise disabled in such service, and receive donations and bequests in aid of such fund, and provide for its permanence and increase, and to prescribe and regulate the conditions under which, and the extent to which, the same shall be used for purposes of such relief. Said Board may require monthly contributions • by the members of the police and fire departments from their compensations and appropriate a percentage of the annual surplus of revenue over expenses of the city for that purpose. Condemnation Scc. 35. To pass ordinances for the condemnation of prop- d^rains?and crty for the purposc of opening the streets of the city, and other public for the Construction and maintenance of drains, sewers, and [Amended, combination drains and sewers, and other public purposes, conforming the mode and manner of such condemnation to the rules prescribed for cities and towns by the general laws of the State, and to prohibit or remove, at the expense of the owner thereof, all buildings or structures on the shores or in Charter of the City of Galveston Sec. 36-37 47 the waters within the Hmits of the city where the same are Removal of ■ ■' buildings un- not permitted or authorized by law; to define nuisances, and authorized on snores and by adequate penalties to prevent or abate, or upon reasonable waters, notice, which in case of a non-resident may be made through ^g^^^^^j the mails or by publication in a newspaper, to require or cause ^^*^g®g**^ the abatement and removal of all nuisances within the city, and for a distance of five miles outside of the same, at the cost and expense of the person or persons responsible therefor, or who may own, occupy or control the premises on which said nuisances exist, and the cost and expense of removing or abating said nuisances from such premises shall be assessed against the same and against the owner thereof, and shall be^^Jg^^-^j^ a lien on said premises and enforceable in any court of com- p^'^p^''^^- petent jurisdiction; and said Board of Commissioners shall have full power to pass and adopt all such ordinances as may be necessary or proper to make effective and enforce the pro- visions and requirements herein expressed. Sec. 36. To prevent any person from bringing, deposit- j^^^^j carcass ing or having within the limits of said city any dead carcass 2^^^*}*^^^^^^ or other offe-nsive or unwholesome substance or matter, and™^*^^^j~f to require the removal or destruction by any person who shall have placed, or cause the same to be placed, upon or near his premises or elsewhere, of any substance or matter, filth or any putrid or unsound beef, pork or fish, hides or skins of any kind, and on his default, then at his expense, to authorize the removal or destruction thereof by some officer of the city, and require the owner of any dead animal to remove the same to such place as may be designated. Sec. 37. The said Board of Commissioners shall have the Harbor and 111 channel — power to do any and all acts necessary to preserve the harbor dredging, and dredge out, widen or deepen the channel of the harbor of protection of. the City of Galveston, to prevent any use of the same or any act in relation thereto inconsistent with the public health, or calculated to render the waters of the same, or any part thereof, impure or offensive, or tending in any degree to fill 48 Sec. 38-40 Charter of the City of Galveston Wharves — to errect and regulate erection of. Public prop- erty — to fill and improve; use of, regulated. Channel and harbor — protection of. Deep water- to procure; appropriations Hawkers, peddlers, pawnbrokers, etc. — licensed; prohibited; regulated. Dealers in bankrupt stocks — same. Licensing generally. Bathing and swimming regulated. [Amended Acts 1905.] Buildings, etc. on beach. Up or obstruct the said channel; and to prevent and punish the casting, throwing or depositing therein of any stone, shell or other substance, logs or floating matter, and to prevent and remove all obstructions therein and to punish the authors thereof. It shall also have the power to erect and to regulate the erection of wharves fronting the channel, or their extension in such manner as may be by it deemed for the public interest, to fill or cause to be filled or otherwise improved any property belonging to said City of Galveston, or under its control, and to do any and all acts necessary and proper to promote the use end availability of such property for the purposes of com- merce and in aid of the preservation and protection of the said harbor of Galveston and the channel therein. Sec. 38. The Board of Commissioners shall have power to promote and secure the obtaining and maintenance of deep water in the harbor of Galveston and from said harbor into the Gulf of Mexico, and to that end may appoint and employ such agent or agents as they may deem necessary or expedient and appropriate and expend any sum of money not exceeding three thousand ($3000) dollars per annum. Sec. 39. To license, tax, regulate, suppress and prevent hawkers, peddlers, pawnbrokers and dealers in all kinds of junk and second-hand goods, wares and merchandise, itin- erant or transient vendors of clothing or wearing apparel, articles of bedding or merchandise of any description what- ever, dealers in bankrupt or fire stocks or damaged stocks of any kind, or any other business or occupation which in the opinion of said Board shall be the proper subject of police regulation . Sec. 40. The Board of Commissioners shall have power to regulate and determine the time and place of bathing and swimming in the waters adjoining or within said city and ,to prevent any obscene or indecent exposition, exposure or conduct; to regulate by general ordinance the character and construction, and prohibit the use for any improper or unlawful purpose of bath houses, pavilions, restaurants, fishing piers Charter of the City of Galveston Sec. 41-43 49 and other structures in the waters adjacent to the beach of the city; to regulate the constrrtction of approaches to such structures so as to not unreasonably obstruct or interfere with the drive on said beach; and to exercise a general police control along said beach and in the waters adjacent thereto. Sec. 41. The Board of Commissioners shall have power j^^^j^.^^^ to require, on due notice, all railway companies owning tracks J^^^^^ j^^. within the city limits which may have been or may hereafter ^'^'^■^s^'"- be abandoned by them, by non-user, to move such tracks and to restore at their own expense the streets or way upon which such abandoned track is located to proper grade. The Board of Commissioners shall have power at any time to change the location and to remove or cause to be removed the rail- way track or tracks on any street or avenue from one portion j^^.,^^^^j of the street to another, and to effect and enforce such change ^^^^^^~ of location or removal in such mode as may be prescribed by location of. ordinance or otherwise and at the expense of the owner or operator thereof, and to secure the payment thereof shall j^.^^ ^^j. ^^^^ ^^ have a lien on all the property of said railway companies, removal. Sec. 42. The Board of Commissioners shall, as soon as Official journal, may be after the commencement of each fiscal year, contract as they may by ordinance or resolution determine, with a public newspaper of such city as the official paper thereof, and to continue as such until ' another is selected, and shall cause to be published therein all ordinances, notices and other matter required by this Act, or by the ordinances of said city, to be published. Sec. 43. The Board of Commissioners shall have author- pubiic library ity, by ordinance duly enacted, to provide for the establish- "enrdf.*^^" ment and maintenance of a free public library in the City of Galveston, and to this end may make appropriations in amounts within their discretion; and may receive donations of books, btJJJJfs^^^^tc^ for papers, magazines, periodicals, or other property or money for the benefit of and maintenance of such public library. 50 Sec. 44 Charter of the City of Galveston aJjJuiSf; ^®^- ^^' ^^^ Board of Commissioners shall have full author- revenues'" a°nd ity over the financial affairs of the city, and shall provide assets; pay- r i n • r it mentof lor the collcction ot all revenues and other assets, the auditing liabilities and ° expenses. and Settlement of all accounts, and in the exercise of a sound discretion make appropriation for the payment of all liabilities Fiscal year, and cxpenscs. The fiscal year of the city shall begin March 1st of each year. In the month of February of each year, Budget— or as soon thereafter as practicable, the Board shall make making of. r i • a careful estimate of the probable revenues for the next fiscal year, and apportion the same to the several departments of the City Government, including a reserve fund of twenty- Reserve fund -- 1 -1 /m. H — unexpended five thousand ($25,000.00) dollars, to be used only in the case portion of, how. ... disposed of. oi cxtraordmary emergencies which could not have been fore- seen before their occurrence. Any unexpended portion of said . reserve fund created for any year shall constitute a part of such reserve fund for the ensuing year. Any member of the said Board of Commissioners who shall knowingly vote for, or in any manner aid or promote, the passage or adoption of any ordinance, legislation or other act of said Board increasing Appropria- . . . ^ tions in excess the appropriation for the expenses of said city beyond the prohibited; estimate aforesaid, unless the actual revenues shall have exceeded punished; void. . " such estimate, and m such event beyond such actul revenue, shall thereby vacate his office and shall be guilty of malfeasance in office and shall be removed from his office in the manner provided for in this Act, and any appropriation over and above the said estimated revenues shall be void. Such estimate or budget shall be prepared in such detail and as to the aggre- Estimates for gate sum and the items thereof, as the said Board shall deem headlof advisable, and in order to enable the said Board to properly prepare such estimate, the heads of all departments shall, at least thirty (30) days before the said estimate is hereby required to be made, send to the said Board, in writing, esti- Certified to. niatcs of the amounts needed for the conduct respectively of SSSsof"^ each department of said city for the next ensuing fiscal year. Such estimates shall be certified to by the parties making them, Charter of the City of Galveston Sec. 44 51 and shall specify in detail the objects thereof, and items required for the respective departments, including a statement of each of the salaries of the officers, employees, deputies and subordi- nates in each department. It shall be the duty of the said Board of Commissioners, when assembled for the consideration of said budget, to consider and investigate the estimate pre- pared by said officers, to hold daily sessions, if necessary, for^^^j et aiiow- the consideration and adoption of said budget. After said ^nces not to be budget shall have been duly passed and adopted, said Board except, of Commissioners shall not have the power to increase the amounts fixed therein,' whether by insertion of new items or otherwise, beyond the ' estimated revenues, unless the actual revenues shall exceed such estimate, and in such event beyond such actual revenue, and the said several sums as therein fixed shall be and become appropriated after the beginning of the next ensuing fiscal year for the several purposes therein named, to be used by the said Board of Commissioners and the several departments of said government for the purposes therein named; Provided, that the salaries as so fixed by the Board and the other provisions of the budget may at any time be changed g^j^^.^^ ^^^ by the unanimous vote of the full Board, except that the said changed by ' -^ ^ ^ unanimous reserve fund shall not be changed nor shall any funds appropri- vote, except. ated for the use of one department be diverted to the use of another; and no loan shall be authorized or made to pay any deficiency arising from a failure to realize sufficient income from taxation to meet the amounts provided for in said budget, ^^^^^^ ^ but the said Board of Commissioners may borrow money for make loan. its use in anticipation of the receipt of taxes levied for any one year, and pledge, as security, the uncollected taxes for any such year; Provided, however, that the money so borrowed for this purpose shall not exceed in any one year the sum of one jy^Q^^^^^y__ hundred thousand ($100,000.00) dollars. In case of any ^e^" PJ^^^^^^nt of ciency there shall be a pro rata abatement of all appropriations allowances. contained in said budget, and in case of any surplus arising in any fiscal year by reason of an excess of income received Excess of from the estimated revenues over the expenditures for such ge^traf fSid, 52 Sec. 45 Charter of the City of Galveston Each commis- year, the Said surplus shall be credited to the general fund of 8ioner shall file -J ^ r o of mifn^ report said city , and shall form part of the general fund for the next expended. ensuing fiscal year. And each of said City Commissioners, shall at the end of each fiscal year file with the Secretary an itemized report of all money expended by the department of which he is the head, showing for what and to whom such money was paid. „ Sec. 45. No franchise or right in relation to any highway,. grant of. avenuc, street, lane or alley, either on, above or below the surface of the same, and no franchise or right in relation ta any island or land covered by water that may belong to or be claimed by the City of Galveston, shall be granted by the Board of Commissioners to any person or corporation for a longer period than fifty (50) years. Every grant of any such franchise Forf it r f— ^^ ^g^t shall make provision by way of forfeiture of the grant provided for. or Otherwise for the purpose of compelling compliance with the terms of the grant, and to secure efficiency of public service at reasonable rates, and the maintenance of the property in good condition throughout the full term of the grant. Before any grant of any such franchise or right shall be made the proposed specific grant, embodied in the form of a brief adver- Advertisement ^iscmcnt prepared as may be directed by ordinance of the Board o^- of Commissioners, shall be published at the expense of the applicant for at least three (3) days in the official journal of said city. When the grant of any franchise or right is made,. the city shall not part with, but shall expressly reserve, the right and duty at all times to exercise in "the interest of the Regulation and public full Superintendence, regulation and control in respect to all matters 'connected with the police powers of said city. Ordinance for. Bcforc any such grant of any such franchise or right shall be made, the proposed specific grant shall be embodied in the form of an ordinance, with all such terms and conditions as conditions; may be right and proper, including a provision as to the rates, and charges, farcs and chargcs, if the grant provides for the charging of rates, Former grants f3,res and chargcs. All legal ordinances, resolutions or acts preserved. heretofore passed or had by the said city, making any grant Charter of the City of Galveston , Sec. 46-47 53' or concession, or vesting any property, right, interest or fran- chise, shall remain unaffected by the repeal of the charter of said city and amendments thereto hereinafter provided for. Any and all rights, privileges and franchises heretofore or hereafter granted to or held by any person, firm or corporation in the streets, alleys, highways or public grounds or places in Taxation of said city shall be subject to taxation by said city separately ^''^"^^^^®' from and in addition to the other assets of such person, firm or corporation, and the Board may require the rendition and assessment thereof accordingly; Provided, that no assessment separately for franchises, rights or privileges shall be made prior to January 1, 1905. Sec. 46. The Board of Commissioners shall have power to Vessels- speed of. regulate and prescribe the mode and speed of vessels, steam- boats and other crafts on entering and leaving the harbors of said city, and of coming to and departing from the wharves thereof, and the disposition of the sails, yards, anchors and Sails, yards, anchors, etc. — Other appurtenances of such vessels while entering, leaving disposition of , or abiding in such harbor, and to regulate and prescribe the location of every steamboat, steamship or other craft, ship, A^essel, barge, boat or float, and such changes of station and use of the harbor as may be necessary to promote order therein, boats*and ves- and in the safety and equal convenience, as near as may be,!^pe^Sies^ of all steamboats, steamships, or other craft, ship,^™^^^®" vessel, barge, boat or float, and may impose penalties for any offense against such ordinance, and may appoint a harbor master to carry out the provisions herein granted and to report Harbor any violation of such regulation to the court having jurisdiction JSntm^T'of. thereof. Sec. 47. That the said City of Galveston shall not be liable city not Uabie . for damages m damages for any miury or injuries to persons or to property caused by J i_ £11- . . /. 1 . ^ grade raising caused by tilling, raising, grading or elevating any property or for defects •1- 1/-V- r^i 00 o o in streets, etc- witnm the City 01 Galveston, or m the prosecution of any public improvement in said city, or on account of any defect of any street, sidewalk or other public place. 54 Sec. 48-50 ' Charter of the City of Galveston Breakwaters Scc. 48. The Board of Commissioners shall have power, — construction ^ '^ burdens on"^ and they are hereby authorized, to impose additional uses and streets. burdens upon the streets, avenues, alleys and public grounds of said city for the location, construction and maintenance of breakwaters and other like works for the protection of the City of Galveston, whether constructed by the United States Government, the State of Texas or the City of Galveston, with the right to take and appropriate such land and other property as may be deemed necessary for the establishment, location, construction and maintenance of said breakwaters and other like works for the protection of the City of Galveston from encroachment or overflow by the waters of the Gulf; and for such other purposes to define the area of land needed, and to acquire, take, hold and enjoy the same; and for that purpose Procure right ^^^^^ havc the right to cxcrcisc the right of eminent domain of way for. and to condcmu lands for said purposes and uses, in the manner and under conditions provided by law in the case of railroad corporations. eiem^rfrom^ ^®^* ^^' '^^^ property, real and personal, belonging to said execution. city shall uot be liable to be sold or appropriated under any writ of execution or cost bill. Nor shall the funds belonging Funds of city ^^ ^^^^ ^^^^ ^^ ^^^ hauds of any person be liable to garnishment. ^^Shmen'T ^^^ ^^^^^ ^^^ ^^^^ ^^ Hablc to garnishment on account of any debt it may owe or funds or property it may have on hand office?^ JJr ^^^ ^^^ person. Nor shall the city or any of its officers or ^"rnishm'nt ^^^^^s be required to answer any writ of garnishment on any account whatsoever. No evidence of Scc. 50. That said Commissioners shall not issue any bonds, debt to be is- . , ^ . ^ - . , , , • •• ■. sued, except, notcs, scrip or Other evidence oi mdebtedness, except as provided in this Act, and -shall in no event contract for work, material or services in excess of the amount of the estimated revenues for the current year and the funds on hand applicable to such ited to current purposes ; and all parties contracting with said Commissioners for work, material or services shall look alone to the revenues for that year, and to such funds as may be applicable for such Charter of the City of Galveston Sec. 51-52 55 purposes at the date of anv such contract, and the revenues Current ^ *^ ■' _ revenue alone of no subsequent year shall be appropriated or used to meet ijabie for any such deficit; and no property, real or personal, owned ortracted. held by said City of Galveston for public use, for governmental purposes, of in trust for the public, shall ever be subject to execution or attachment, or seizure under any legal process, for any debt heretofore or hereafter created by said City of ^ ,,. -^ -^ -^ Public prop- Gal veston; and all taxes due, or money in the hands of the erty, moneys, ■' etc., exempt officers charsred with the collection of taxes, or anv other revenues from seizure, ° ■' execution or belonging to said city, shall be exempt from seizure under attachment for attachment, execution, garnishment or any other legal process. Sec. 51. The Board shall have power to license, tax and vehicles— regulate the owners of all vehicles in the City of Galveston licSslng.^' used or kept for private or public uses; and to license, tax and regulate hackmen, draymen, omnibus drivers and drivers of otheroccupa- baggage wagons, porters, automxobiles, bicycles, electric motors and rented, of any kind and all others pursuing like occupation, with or without vehicles, and prescribe their compensation, and provide for their protection, and make it a misdemeanor for any person caSgl ft^ed. to attempt to defraud them of any legal charge for services rendered; and to tax, regulate, license and restrain runners provfded.'' for steamboats, railroads, stages and public houses, and enforce the collection of all such taxes by proper ordinances; and all revenue collected under the provisions of this section, or any ordinance passed in pursuance thereof, shall be used only for mailed to be the improvement of the streets and alleys of said city. This"^ section shall not be construed to apply to street cars. Sec. 52. That the said Board of Commissioners of said city DeUnquent taxes unap- is authorized to appropriate all delinquent taxes against which propnated— -. ^ r ^ c I-' -, disposition of. no demands are outstanding, and after the purposes tor which said taxes were levied have been fulfilled and satisfied, to any proper municipal purposes, and the said Board is empowered, at the end of each fiscal year thereafter, to declare such residue of all said delinquent taxes a surplus fund, and to direct that 56 Sec. 53-54 Charter of the City of Galveston the same, when collected, be carried in bulk as a surplus account, subject to appropriation by said Board for proper municipal purposes, under the provisions of this Act. Property Scc. 53. The following property in said city shall be exempt exempt from o r r . j i taxation. from taxation, to-wit: All lands used exclusively for grave- yards, or grounds for burying the dead, except such as are held or owned by any person, company or corporation with a view to profit, or for the purpose of speculation in the sale thereof; all buildings belonging to institutions of purely public charity, together with the lands belonging to and occupied by such institutions not leased or otherwise used, with a view to profit, and all moneys and credits appropriated solely to sustaining such institutions, together with such other property as is exempt from taxation by the Constitution and laws of the State of Texas or of the United States. Ad voiorem Scc. 64. The Board of Commiissioners shall have power, evy o . ^^^ ^^^^ ^^^ hereby authorized, to le\ y for general purposes an annual ad valorem tax on all real, personal and mixed prop- erty within the territorial limits of said city, not exempt from taxation by the Constitution and laws of Texas, of and at the rate of not less than seventy (70) cents on the one hundred ($100.00) dollars cash valuation of said property. The mean- Real property, iug of the term "real property" as used in this Act shall be ^ ^ * ■ construed to include all lots, lands and all buildings or machin- - ery and structures of every kind erected upon or afhxed to the same; and the meaning of the term "personal property" Personal prop- ^-S uscd in this Act shall be construed to include all household erty defined, f^miturc, moncys, capital and chattels, all ships, steamboats and vessels, whether at home or abroad, all franchises subject to taxation under this Act, all stock of corporations, moneyed or otherwise, and generally all property which is not real. The Taxes taxcs herein and hereby authorized to be levied shall become when due. ^^^ ^^^ payable on September 1st of each year, and shall bear Rate of interest at the rate of six per cent per annum from January interest on. ^^^ following the Said Icvy until the same are paid, and said Charter of the City of Galveston Sec. 55 57 taxes are hereby made payable in the currency or coin of the United States; Provided, however, that all taxes paid prior to January 1st next following levy thereof, a discount may beDjgcount allowed by the Board at a rate not to exceed six per cent per ^^^^^'®*^'' annum from the time the tax rolls are placed in the hands of the Collector for collection up to the time of such payments; and Provided, further, that if any person, firm or corporation shall fail or refuse to pay the taxes imposed upon him, them or it or upon their property by law, until the 31st day of Jan- uary next succeeding the placing of the tax rolls of the city in the hands of the Collector for collection, a penalty of five per cent on the entire amount of such taxes, and in addition pe^aity to interest as hereinbefore provided, shall accrue and be charged ^^s^^^ed. and collected as part of and in the same manner as such taxes. Sec. 55. Said Board of Commissioners shall have power Assessment ^ and collection to provide by ordinance for the assessing and prompt collection ^e^ated. of all taxes, and to regulate the manner, mode and form of making out, and swearing to, tax lists or inventories, and the™ .. appraisement of property therein, and to prescribe how and^Qj.^gg when property shall thus be rendered, and shall also prescribe the number and form of assessment rolls and fix and define the duties and powers of the Assessor and Collector, and adopt ^^en^m^de. such measures and regulations, and prescribe and enforce such pg^^ities. penalties, as they may deem advisable, to secure the due and proper assessment of all property within the limits of said city, and the collection of the taxes thereupon, conforming the said manner and mode of rendering property for assessment, and the assessment thereof, as near as may be, to that provided by law for the rendition and assessing of property for State and County purposes, and until the passage of such ordinances, the said Board of Commissioners and the Assessor and Collector of Taxes shall be governed in their procedure and acts in rela- tion to the assessment and collection of said notes as provided state law to by the laws of this State relating to the assessment and collec- ^°^^'^"' and inven- Assessments how and Sec. 56-5.8 Charter of the City of Galveston Penalty for not assessing. tion of State and County taxes. If any person shall fail or refuse to render his property for taxation under oath in form and manner as required by the Board of Commissioners, or otherwise by law, when called upon and requested so to do by the Assessor and Collector of Taxes, he shall be punished by fine of not less than five ($5) dollars nor more than twenty- five ($25) dollars for each day during which he shall so fail or refuse. Taxes a lien on property. Sec. 56. All taxes shall be a lien on all the property upon which they are assessed, both real and personal, until they shall have been paid, and may be collected by suit and fore- closure of such lien in any court of competent jurisdiction, and in addition thereto the Board may adopt and enforce any tion of taxes, remedy provided by law for the collection of State and county taxes. Abbreviations, figures, etc., on rolls, suf- ficient and valid. Irregularities do not invali- date rolls. Liberally construed Bankrupt stocks seized for unpaid taxes. Sec. 57. Any and all descriptions of real estate, blocks, outlots, lots or any parts or fractions thereof, and of all per- sonal property, and any and all dates, years, valuations, taxa- tions, numbers, quantities or amounts contained in any assess- ment roll, land tax book, personal tax book, or descriptions contained in any book or roll and for the purpose of assessing property, shall be sufficient and valid when made or stated in whole or part, in abbreviations or contractions of words, letters, characters or figures; and when so made or stated shall be deemed and held to be fully and fairly made and stated as though the same had been written out in full. No error or irregularity in any assessment roll, tax book, or other docu- ment relating to the levy, assessment, equalization or collection of the taxes of the city shell in any manner affect or impair the validity of any tax, or affect the proceedings for the col- lection thereof; but every such assessment shall be liberally construed to affect the purposes and objects of this section in determining the validity thereof. Sec. 58. That in all cases where any dealer in goods, or merchandise of any kind, subject to either ad valorem or occu- pation tax or both under the provisions of this Act, shall, after Charter of the City of Galveston Sec. 59 59 the rendition of said goods, wares or merchandise for ta^tation, or after becoming liable for any occupation tax, become, or be adjudged, bankrupt, or make an assignment of said goods, wares or merchandise, or sell out or transfer the same in bulk, then the Assessor and Collector of Taxes shall at once present to the trustee in bankruptcy, receiver, assignee, or vendee of said dealer for payment a statement of the amount due for said occupation or ad valorem taxes by said dealer, and in case ojUector may of the failure of said trustee in bankruptcy, receiver, assignee paJ/by^^^ "^'^'^ or vendee to at once pay the amount of said taxes, the said l^ustee?'^ Assessor and Collector shall, by virtue of his assessment roll, levy upon, seize and sell from the said goods, wares or mer- chandise enough to satisfy the amount of said taxes, interest and costs, such sale to be conducted in the manner now pre- scribed for the sale of personal property under execution ; and ^'^^^^ ^^^^' said taxes, until paid, shall be and constitute a prior lien on all of said merchandise, goods and wares, in default of the pay- ment of said taxes; and whenever any goods, wares or merchan- dise shall be levied upon or seized under any writ of attachment or execution upon which the said city has a claim for ad valorem or occupation taxes unpaid, said Assessor and Collector shall present for payment to the officer levying said writ of attach- ment or execution the amount due for said taxes, interest and costs on said goods, wares or merchandise, and in case of the failure of said officer, or of the plaintiff in said writ, to at once pay the amount of said taxes, said Assessor and Collector shall proceed to levy upon, seize and sell enough of said goods, wares or merchandise to satisfy the amount of said taxes, interest and costs, as hereinbefore provided. Sec. 59. No demand for the pavment of any taxes due the Taxes, demand for, city shall be necessary, but it is hereby made the duty of every not necessary, person or corporation subject to taxation to attend at the office of the Assessor and Collector of Taxes at the time when said taxes are made payable and pay all such taxes. 6o Sec. 61-62 Charier of the City of Galveston Sxes^coi- ^®^* ^^* "^^^ taxes due by property owners on any and all lected by suit, property for the year 1884, and up to and including the year 1899, and for all years to come until otherwise provided .by charter, as appears upon the tax rolls of said city, may be collected by suit from delinquents and foreclosure of the lien thereon be had in any court having jurisdiction of the same, and any person who shall purchase property encumbered with a lien for taxes shall te deemed, as to such taxes, a delin- quent taxpayer, and such purchaser takes the property charged with the lien, and he can not interpose any defense which his vendor might not have interposed had he continued to be the owner thereof. And no delinquent taxpayer shall have the right to plead in any court, or in any manner rely upon, any statute of limitation by way of defense against the payment of any taxes or assessments due from him or her to the city of Galveston. Purchaser of property a delinquent, ■when. Taxes not subject to limitation plea. Unpaid taxes Scc. 61. For Special cause the Board may at any time order hands of City any unpaid taxes to be placed in the hands of the City Attorney for collection, and in January of each year shall order placed Suit for taxes in the hauds of said Attorney for suit and collection all unpaid over-due one ^ ^ ^ ^ year. taxes that have been due one year or more. Occupation taxes. Persons and occupations subject to. Xricensed and regulated. Not to exceed one-half State tax. Sec. 62. Said Board of Commissioners shall have the power to license, tax and regulate merchants, commission merchants, hotel and inn keepers, drinking houses or saloons, barrooms, beer saloons and all places or establishments where intoxicat- ing or fermented liquors are sold, brokers, money brokers, and all other trades, professions, occupations and callings of every kind not specially mentioned herein as may be taxed or licensed by the laws of the State, but no assessment or license tax under this section shall exceed one-half of the amount levied by the State for the same period on such profession or occupa- tion, and the same may be regulated, levied and collected in the same manner as said taxes are regulated, levied and collected by the State. The license and occupation tax author- ized to be levied by this Act shall be collected by the Assessor Charter of the City of Galveston Sec. 63-66 61 and Collector of Taxes, and shall be paid to that officer by each and every person and firm before engaging in any trade, pro- fession, business, calling, vocation or occupation subject to said tax as is provided by the terms of this Act. Sec. 63. The Board of Commissioners of said city, by the Compromise •^ -^ and reduction unanimous vote of the fuU Board, shall have the power and of taxes, are hereby authorized to correct, adjust and reduce any assess- ment upon property made prior to 1901, and in cases of financial inability or acute financial distress caused by the hurricane of September 8, 1900, to compromise, adjust and settle any uncollected taxes, interest and penalty levied for the year 1900 by said city upon such property, and. also to compromise and settle any judgment for taxes, interest and penalty. Sec. 64. That all revenue arising from assessments on real School taxes and personal property, that have been heretofore or may here- after be made or levied on account of public schools or public education in the said city, shall be and remain for the use and benefit of the public schools of said city, and when the said tax is collected, it shall be paid over, weekly, to the treasurer of the Board of Public School Trustees of said city. School taxes — Igw And Sec. 65. The Board of Commissioners of said City of Galves- assessment of. ton shall annually levy and assess the special tax for the sup- port of the public free schools in said city that has heretofore been or may be hereafter voted for that purpose by the qualified voters in the City of Galveston, by an ordinance duly passed by said Board upon the requisition of the Board of Trustees of the public schools of the City of Galveston, said tax to be levied and assessed in the same manner as is required by this Act in the levy and assessment of taxes for general purposes. Street rail- Sec. 66. The Board of Commissioners shall have power tOxS?^' assess and collect the ordinary municipal taxes upon city or Sfmpe1^?epair horse railroads, and to compel the said city railroad companies riage^^lLpte' to keep their roads in repair, and to restrain the rate of travel accomodations 62 Sec. 67 Charter of the City of Galveston Rate of travel, Penalties for violations. To fill, grade and pave be- tween tracks. Railroad fail- ing after notice, city may have work done. Cost collected — lien for. SO as not to exceed seven miles per hour, and to compel said cit}' railroads to supply ample accommodation for the safe and convenient travel of the people on any street where their tracks may run. The Board of Commissioners may enforce these regulations by proper ordinance, with suitable penalties for all violation of said ordinances. Whenever the said Board of Commissioners shall determine to fill, grade, pave or other- wise improve any street or avenue, and over and upon which, or any portion thereof, there may be tracks and roadbed of any railroad company, the said railroad company shall, upon notice, fill, grade, pave or otherwise improve the portion of said street or avenue so occupied by it, between the rails of said tracks and for one foot on each side of said rails, with such material and in such manner as has or may be provided by said Commissioners for the ijnprovement of the other portions of such street or avenue. Upon failure so to do, after thirty days' notice, the said Board may so improve such street or avenue between said rails and for one foot on each side thereof for account of said railroad company, and for all sums so expended, and legal interest thereon, the City of Galveston shall have a first lien on the roadbed, franchises and other property of said railroad company and, if not paid upon demand, suit may be brought by said city to recover said indebtedness and for the foreclosure of said lien. Sec. 67. (a) The City of Galveston shall have the power S''^1!al«''o/' to issue bonds to the amount of not exceeding $3,100,000 of such denomination as the Board of Commissioners may deter- mine, payable at such time, not to exceed fifty years, as they may determine and as may be agreed to by the holders of such bonds, bearing interest, payable semi-annually, at a rate to Interest rate, be agreed on by the holders of such bonds and the Board of Commissioners; said interest rate, however, not to exceed five per cent per annum, but the City of Galveston shall have the Old bonds— right to select by lot, as interest coupons on said bonds mature, how retired, g^flf^^ient of the bouds to retire at not exceeding par, not less Charter of the City of Galveston Sec. 67 63 than two per cent per annum of the total bonds outstanding of each issue into the sinking fund thereof. These bonds are Bonds to be to be issued for the purpose of refunding such of the outstand- ^^"'^^®'^- . ing bond issues of the City of Galveston as are hereinafter specified; that is to say, a sufficient number of said bonds so authorized to be issued shall ]pe in lieu and instead of the out- standing forty-year limited debt bonds of 1881; a sufficient number of said bonds so authorized to be issued shall be in lieu and instead of the waterworks, street improvement and city hall bonds outstanding; a sufficient number thereof shall be in lieu and instead of the forty-year limited debt bonds of 1891 outstanding; a sufficient number thereof shall be in lieu and instead of the general indebtedenss funding bonds of 1895 outstanding; a sufficient number thereof shall be in lieu and instead of the general indebtedness funding bonds approved September 8, 1897, outstanding; a sufficient number thereof shall be in lieu and instead of bonds outstanding issued for the establishment and maintenance of a sewerage system in pursuance of an ordinance of the City of Galveston passed December 16, 1897, and the amendment thereof passed August 21, 1899. (b) The Board of Commissioners of the City of Galveston T|^jJevy^r shall have power to levy, assess and collect an annual ad valorem tax not exceeding twenty cents on the o"ne hundred dollars valuation of all property subject to taxation within said city in order to provide for the payment of interest at such rate as may hereafter be determined by the Board of Commissioners of said City of Galveston, not to exceed five per cent per annum, and to create a sinking fund of not less than two per cent per annum on such amount of the total bonds remaining unpaid of the issue of what is known as the forty-year limited debt bonds of 1881, and refunding bonds, respectively, issued in lieu of same. (c) The Board of Commissioners of the City of Galveston ^|^rwSi«!^ shall have the power to levy, assess and collect an annual ad pro^vem^nt valorem tax not exceeding sixteen and four-tenths cents on the bSnds*^ ^*" 64 Sec. 67 Charter of the City of Galveston one hundred dollars valuation of all property subject to taxa- tion within said city, in order to provide for the payment of interest at such rate as may hereafter be determined by the Board of Commissioners, not to exceed five per cent per annum, and to create, a sinking fund of not less than two per cent per annum on such amount of the total bonds remaining unpaid of the issue of what is known as the waterworks, street improve- ment and city hall bonds, and refunding bonds, respectively, issued in lieu of same. Tax levy for 1891 bonds. (d) The Board of Commissioners of the City of Galveston shall have the power to levy, assess and collect an annual ad valorem tax not exceeding thirty -three cents on the hundred dollars valuation of all property subject to taxation within said city, in order to provide for the payment of interest at such rate as may hereafter be determined by the Board of Com- missioners, not to exceed five per cent per annum, and to create a sinking fund of not less than two per cent per annum on said amount of the total bonds remaining unpaid of the issue of what is known as the forty-year limited debt bonds of 1891, and refunding bonds, respectively, issued in lieu of same. Tax levy for 1895 bonds. (e) The Board of Commissioners of the City of Galveston shall have power to levy, assess and collect an annual ad valorem tax of not exceeding five and five-tenths cents on the one hundred dollars valuation of all property subject to taxation within said city, in order to provide for the payment of interest at such rate as may hereafter be determined by the Board of Commissioners, not to exceed five per cent per annum, and to create a sinking fund of not less than two per cent per annum on such amount of the total bonds remaining unpaid of the issue of what is known as the general indebtedness refunding bonds of 1895, and refunding bonds, respectively, issued in lieu of same. Tax levy for 1897 bonds. (f) The Board of Commissioners of the City of Galveston shall have i)ower to levy, assess and collect an annual ad valorem Charter of the City of Galveston * Sec. 67 65 tax of not exceeding five cents on the one hundred dollars valuation of all property subject to taxation within the said city, in order to provide for the payment of interest at such rate as may hereafter be determined by the Board of Com- missioners, not to exceed five per cent per annum, and to create a sinking fund of not less than two per cent per annum on such amount of the total bonds remaining unpaid of the issue of what is known as the general indebtedness refunding bonds of 1897, and refunding bond, respectively, issued in lieu of the same. ^ (g) The Board of Commissioners of the City of Galveston Tax levy for " sewer bonds. shall have power to levy, assess and collect an annual ad valorem tax of not exceeding ten cents on the one hundred dollars valuation of all property subject to taxation within said city, in order to provide for the payment of interest at such rate as may hereafter be determined by the Board of Commissioners, not to exceed five per cent per annum, and to create a sinking fund of not less than two per cent per annum on such amount of the total bonds remaining unpaid of the issue of what is known as the sewer bonds and refuding bonds, respectively, issued in lieu of same; Provided, however, that the said Board ofgoardof Commissioners shall not determine upon a less rate of interest may determine upon less rate than five per cent per annum upon any outstanding legal bonds of interest— of the City of Galveston, except and unless with the consent of the holders of such bonds, respectively, and if the holder or holders of any such bonds do not so consent to a less rate of interest than five per cent per annum, then and in that case the bond or bonds of any such holder or holders not so con- R^te when , ,, , . - r n bondholders sentmg shall bear interest at the rate 01 nve per cent per annum, fail to consent (h) This Act shall not be so construed as to authorize the jax levy lim- Board of Commissioners of the City of Galveston to levy, orrl^tesfor^^-""^ to assess, or to collect any tax in excess of the rates mentioned funSfng^bJnds. in this section, for the purpose of paying the interest on, or 66 Sec. 67 Charter of the City of Galveston For bonds not funded tax rates remain as heretofore. creating a sinking fund for, any series of either the outstanding bonds or the refunding bonds mentioned in this section ; Provided however, that if any of such outstanding bonds be not refunded then and in that case said Board of Commissioners shall have power to levy, assess and collect such rate of taxation to pay the interest on, and to create a sinking fund for, such bonds: not refunded as does not exceed the rate of taxation prescribed in any legal ordinance, resolution or act heretofore passed by the City Council of the City of Galveston, or Act of Legislature heretofore passed relating thereto, providing for the issuance and payment of either principal or interest of any such out- standing legal, unpaid and unrefunded bonds of the City of Galveston-. Interest and sinking funds special funds. Bonds signed by President, etc. To be for- warded to Comptroller for registration Funding Act to be pub- lished. (i) Each of said funds so created shall be a special fund for the purposes aforesaid, and shall not be drawn upon or diverted for any other purpose, and the City Treasurer of said City of Galveston shall honor no draft upon said fund, except to pay the interest upon; or to redeem the bonds for which each or either of said funds was created under the provisions of this section. All bonds issued as refunding bonds shall be signed by the President of the Board of Commissioners and countersigned by the Secretary of said Board, and shall be payable at such place as may be fixed by ordinance of said Board of Commissioners.. It shall be the duty of the President of said Board of Commissioners when such bonds are issued to forward the sarne to the Comptroller of the State of Texas, whose duty it shall be to register them in a book kept for that purpose, and to endorse on each bond registered his certificate of registration. (j) Immediately upon the qualification of the Commis- sioners of the City of Galveston, to be appointed and elected as provided in this Act, or as soon thereafter as practicable, it shall be their duty to make publication of the terms and this funding act; but the passage of this Act shall be and is hereby deemed sufficient notice to the holders of the present bonds of the City of Galveston now standing. Charter of the City of Galveston • Sec. 67 67 (k) The manner of exchange of refunding bonds, their coj^missioners date of issuance, rate of interest, maturity and all other details interesr etc., . for refunding, of the issuance of the new bonds is hereby left to the Board etc. of Commissioners under such rules and regulations as a majority of them shall prescribe, not inconsistent with the provisions of this Act. (1) The acceptance and consummation by any creditor i^eiease h.y ^ ^ ^ -^ -^ bondholder of of the exchange of bonds provided by this Act shall of itself "^collected operate to assign and transfer to said municipal corporation all his rights to, and claims against, the uncollected taxes or other assets whatever of said municipal corporation, including whatever funds there may be, either in bonds, money or other securities, held in either interest or sinking funds of the issue so exchanged or refunded, with the right in said municipal corporation to enforce the same either in its own name or in the name of the creditor, and the funds that may be realized therefrom are to be paid to the Treasurer of said municipal corporation, and they are hereby devoted and appropriated to the payment of the present floating debt of the City of Gal- veston ; and after that is paid to go in the general fund for an 3^ taxes to be ap- proper municipal purposes, so far as is not inconsistent with fng debt aS' the terms of this Act. general fund. (m) Said Board of Commissioners shall have the power. Sinking fund and it is made their duty, from time to time as they may deter- of. mine whenever as much as five thousand ($5000) dollars shall have accumulated in the sinking fund of any series of bonds, to invest the same in bonds of any such series, in bonds of said City of Galveston, in bonds of the State of Texas, or in bonds of the United States, as may be deemed most advantageous by said Board; Provided, however, that when bonds of any particular series have heretofore been or may hereafter be purchased for the sinking fund of the same series, said bonds shall be cancelled and retired. It shall be the duty of said purchased to Board of Commissioners upon the surrender of any evidence 68 Sec. 67 Charter of the City of Galveston • of indebtedness for which a new bond is to be issued under Bond or evi- the provisions of this Act, and before the said bond is delivered, to b? ^^ ^^^* to cancel the evidence of indebtedness so surrendered with a cancel e . punch or by writing across the face thereof that it is cancelled, so that it can not be again used. All matured interest coupons shall be surrendered with the bonds, and no bond shall be Unmatured rcccivcd or refunded from which unmatured interest coupons surrSereli ^ 2,re dctachcd, unless such coupons are produced and surrendered Seemed^' with the bond. Bond register to be kept. Payment of bonds or coupons to be noted in register. (n) Said Board of Commissioners shall also keep, or cause to be kept, for and on behalf of the City of Galveston, a com- plete bond registry and set of books, showing all bonds issued, the date and amount thereof, the rate of interest, maturity, etc., of all bonds or other indebtedness surrendered under the provisions of this Act, and all the other transactions of such Board having reference to the refunding of the indebtedness of said city. When bonds or their coupons are paid, their payment or cancellation shall be noted in said registry, and the said book so required shall be kept safely among the records of the said City of Galveston. No taxing (o) Said Board of Commissioners shall have power to impose, power except that provided levy and collect ad valorem taxes, poll taxes, occupation taxes, license taxes and such other taxes as are specially authorized by this charter, but shall not exercise any other taxing power. Officers pun- ished for breach of trust in like manner'as State officers. (p) That for any violation of the trusts imposed upon the officers or agents of the City of Galveston employed under this Act, the same consequences shall follow, civilly and crimi- nally, that result from any breach of trust or willful violation of duty imposed by law upon any of the officers of the State of Texas charged with the discharge of like duties, and for a breach of trust or willful violation of duty in respect thereof, upon conviction, they shall be punished in like manner as is or may be provided by the penal laws of the State of Texas. Charter of the City of Galveston Sec. 68-69 69 Sec. 68. The Board of Commissioners of said City of Gal- Grade raising veston shall have the power and they are hereby authorized ^^^°;fo™®"* to appoint a board of engineers, to consist of three competent ®°^^^*'''^' and skilled engineers, who shall devise and report -to said Board of Commissioners plans and specifications, with estimates of the cost, for elevating, filling and grading the avenues, streets, sidewalks, alleys and lots of the City of Galveston so as to protect said city from overflow from the waters of the gulf, and to secure sufficient elevation for drainage and sewerage. When the report of said board of engineers has been adopted Vjy the Board of Commissioners, all filling, raising and grading in said city shall be done w^ith reference to the grades thus established. The Board of Commissioners are authorized to Q^ade estab- spend out of the general revenue of the city a sum not to exceed ^^^^®^* ten thousand ($10,000) dollars to pay for the expenses of said compensation board of engineers. Sec. 69. The Board of Commissioners shall have the power, Bonds issued and are authorized to issue from time to time, bonds of the raising. City of Galveston in the denomination of one hundred ($100) dollars or multiples thereof, to the amount of two million ($2,000,000) dollars, payable not more than fifty years after ,,^ .,^.^"^^1. . ,^ Maximum their date, with the right of the city at any time to select by amount, lot and redeem with the sinking fund any of them, and bearing interest, payable semi-annually, at the rate of not to exceed five (5) per cent per annum. Said bonds shall not be sold or other- wise disposed of at less than par, and their proceeds shall be used and expended for raising and filling to grade the avenues, streets, sidewalks, alleys, blocks, outlots and lots in said city, viz.: First in point of time : Beginning at or near the southerly or gulf end of Twenty- First filling fifth street or Rosenberg avenue and north of the site of the Galveston seawall as designated by order of the Commissioners Court of Galveston County, and filling easterly and westerly therefrom simultaneously, covering the same amount of area. 70 Sec. 69 Charter of the City of Galveston Grade raising territory de- fined. The territory to be so filled is botmded and described as follows: Beginning at the intersection of the north line of Broadway and Forty-fifth street, where the levee designed by the Board of Seawall Engineers intersects said street: Thence eastwardly along the north line of Broadway to its intersection with the west line of Thirteenth street. Thence northerly • along the west line of Thirteenth street to the south line of Avenue A. Thence easterly along the south line of Avenue A to the line of the said seawall site; ^ Thence with the line of said seawall site to its terminus at Thirty-ninth street ; Thence with the site of said levee so designated to its inter- section with Broadway at Forty-fifth street. Second in point of time: Second in point of time. Amount allowed for raising grade of streets. Haising build- ings to grade. May be done by city; how paid for. Any portion of the following described part of said City of Galveston which may be designated to be filled and raised to grade by the Board of Commissioners of said city, towit: All that part of the said city being between Thirteenth and Thirty - ninth streets and north of Broadway. Said Board of Commissioners may also expend and use not to exceed one hundred thousand' ($100,000) dollars of the proceeds of said bonds in raising and filling to grade the streets, alleys and avenues in any locality in said city. All lots and blocks and outlots and buildings thereon in any portion of the city above, or which may be designated to be filled or raised, and that are below the grades that may be established for those localities, are hereby declared to be danger- ous to the health and safety of the inhabitants of said city, and a public necessity exists for raising and filling the same to grade, and said Board of Commissioners shall have the power and are hereby authorized to cause the same to be raised and filled to grade and pay for the same out of the proceeds of the bonds herein authorized to be issued. Charter of the City of Galveston Sec. 69 71 Provided, however, that such buildings shall be so raised toj^aisingof conform to the established grade at the cost and expense of ^ost'^^^owner the owner, who may do or cause the work to be done in con-f^j.^^i^^iJ-^^J'^''^ formity to the requirements of the Board; but, if the work be paid for as above provided out of the proceeds of said bonds, the city may and shall recover of such owner in any court of competent jurisdiction the amount so paid therefor; and, Provided, further, that the Governor of the State shall appoint Grade Raising . . ^ ^ Board — ap- three resident citizens and qualified voters of the City of Galves- pointment of. ton to constitute a board for the management, control and direction of the work of filling and raising the avenues, streets, sidewalks, alleys, lots and outlots in said city as herein con- templated or provided for, and to make all expenditures of funds for that purpose. Said board shall be stvled the "Grade „ '^ ^ - Powers and Raisins: Board of the City of Galveston," and may make con- duties of ° ■' ' -' Board. tracts for the work and manage, control and direct said work and all expenditures therefor, whether the same be done by contract or otherwise; but before any such work shall be done, or contract made, or any expenditures shall be made, the same shall be reported to and approved by the Board of Commis- sioners of the City of Galveston, and all such expenditures All proposed -^ '- plans and work when so approved shall be appropriated and ordered paid by to be reported said Board of Commissioners. Each member of said Grade proved by City Co mmi ssio ners . Raising Board shall receive for his services a salary of five hundred ($500) dollars per annum in monthly installments out of the general revenue of the city and as other current and 'oath?" expenses of said city. Each member of said Board shall take the oath of office prescribed by the Constitution, and give bond in the sum of five thousand ($5000) dollars, payable to the Governor of the State, and approved by the Board of Commis- sioners, and conditioned for the faithful performance of his duties; his term of office shall not exceed two years, nor extend beyond the completion of the work, and at any time, for cause ^^^"^ °^ "^^^^* in his judgment sufficient, the Governor may discontinue said Board temporarily or permanently, or remove any member thereof. 72 SEC.-yo-yis- Charter of the City of Galveston K' State tax dona- Scc. 70. All moncys that have been or may be donated or tvv\i^±''^ appropriated by the State of Texas to the City of Galveston ^c?f 1905.'] shall be applied to and used for the purpose of paying the inter- est upon and providing a sinking fund of not less than two per cent per annum for the redemption of the two million dollars ($2,000,000) of bonds, the issuance of which is provided for in the preceding section (No. 69), and said Board of Commis- sioners shall have the power and are hereby authorized to levy and cause to be assessed and collected for the year 1902 and '^a^e^Taisfng annually thereafter, for the purpose of providing such interest °^^- and sinking fund, an ad valorem tax of not to exceed sixty cents on the one hundred dollars cash value of all real, personal and mixed property within the corporate limits of the said City of Galveston, or that may be taxable therein on the first day of January of each and every year, except so much thereof as may be exempted by the Constitution and laws of this State or of the United States. Wharf ck)m- Scc. 71. In addition to the ad valorem tax provided for pany dividends r r\ • • to supplement in scction 70 of this Act, said Board of Commissioners may tax for grade ^ . -. , . ^ . . . raising. cxccpt SO far as the same are otherwise disposed of by this Act, also hypothecate and pledge the annual dividends and income that may be received by the city from its stock in the Galveston Wharf Company, or so much thereof as will, when added to the money received each year from the ad valorem tax provided for in said section 70, be sufficient to pay the interest and sink- ing fund upon the bonds authorized to be issued under said section 69 that are then outstanding. Bonds for Scc. 71a. The Board of Commissioners of the Citv of Gal- duplicatemam. . ^ , ^ . 'i i j veston IS hereby authorized and empowered to issue the bonds of the City of Galveston in the denomination of $100.00, or multiples thereof to the amount of $100,000.00, said bonds to be payable not more than fifty years after their date, and bear- Sterest. i^g interest payable semi-annually at a rate not to exceed five per cent per annum. Said bonds shall not be sold or otherwise Charter of the City of Galveston Sec. 71b 73 disposed of at less than par, and their proceeds shall be used pj-oeeeds, how and expended exclusively for the construction of a duplicate "^®^** water main across Galveston Bay. And it is hereby made the duty of the Commissioners of the City of Galveston when- ever said bonds are issued, to levy and cause to be assessed and collected annually for the purpose of providing for the tj^^ levy for. payment of the interest on said bonds, and a sinking fund of two per cent, an ad valorem tax not to exceed 3 cents on the $100.00 cash value of all real, personal and mixed property within the corporate limits of said City or that may be taxable therein, on the first day of January of each and every year, except so much thereof as may be exempted by the Constitu- tion and laws of this State or of the United States, from taxa- tion. The City of Galveston shall have the right at any time to select by lot and redeem any of the aforesaid bonds with ^^^onds!^^" the sinking funds that may accrue from taxation, or with any of the funds said City may have for that purpose. It being expressly understood that the said Board of Commissioners may set aside and appropriate annually, in addition to the sinking fund aforesaid, all surplus revenues arising from the City waterworks, which may be used for the redemption of • these bonds. Sec. 71b. In addition to the power to issue anv and all other Bonds for erection of bonds as elsewhere or otherwise provided in or bv the Charter public free schools. of said City of Galveston, the said City of Galveston shall have the power and it is hereby authorized to issue from time to time, or at any time, bonds of said City to the amount of Fifty Thousand Dollars ($50,000.00) of the denomination of one hvndred dollars ($100.00), or any multiple thereof, pa\^able forty years after their date and bearing interest payable semi- Rate of int6rcst. annually, at a rate of not exceeding five per cent per annum, which said bonds shall be sold for cash at not less than par, and the proceeds thereof shall be used and expended for the Proceeds, . how used. construction, erection, equipment, improvement, mainten- ance and repair of public free school houses in said City under the direction, and upon the requisition of the Board of Trustees 74 Sec. 71c Charter of the City of Galveston of the public free schools of said City, and no part thereof shall ever be used or expended for or diverted to any other purpose whatsoever; and said proceeds shall be paid over, as and when to^disbuS"^^'^ received, to the Treasurer of said City, and said Treasurer shall pay out and disburse the same only upon the requisition, order or warrants of said Board of Trustees, signed by the President of said Board and countersigned by its Secretary, without other authority for such disbursement, and without any warrant drawn by the Auditor of said City of Galveston and signed by the President of the Board of Commissioners of said City, and countersigned by the Commissioner of Finance and Revenue, under the seal of the Board of Commissioners of the City of Tax levy for. Galvcston. The Board of Commissioners of the City of Gal- veston shall have the power and are hereby authorized to levy and cause to be assessed and collected annually for the purpose of paying the interest upon said bonds and providing a sinking fund for the redemption thereof, of not less than two per cent per annum, an ad valorem tax sufficient to pay said interest and provide said sinking fund upon all real, personal and mixed property situated or owned in said City of Galveston, or that may be taxable therein on the first day of January of each and every year, except so much of said property as may be exempted from taxation by the Constitution and laws of this State or of the United States. Said fund for the payment of said interest and the accumulation of said sinking fund shall not be diverted to or used, expended or drawn upon for any other purpose whatsoever, and the City Treasurer of the said City shall honor no draft or requisition of any kind whatsoever upon said fund, except to pay the interest upon or redeem said bonds. Bonds for Scc. 71c. The Board of Commissioners of the City of Galves- raising, etc. tou shall havc powcr and are hereby authorized to issue from time to time bonds of the City of Galveston in the denomination of $100.00 or multiples thereof, to the amount of $300,000.00, Charter of the City of Galveston Sec. yie 75 payable not more than fifty years after their date, with the right of the Cit}^ to select by lot and redeem with the sinking fund any of them twenty (20) vears after their issuance, and^^ateof -^ ^ \ / ^ interest. bearing interest, payable semi-annually, at a rate of not to exceed 4)4 per cent per annum. Said bonds shall not be sold or otherwise disposed of at less than par and their proceeds shall be used and expended exclusively for the grading, raising, filling, drainage, paving or otherwise improving the avenues, streets and sidewalks in such parts or portions of the City of Galveston as may be designated and selected by said Board Tax levy for. of Commissioners. And said Board of Commissioners shall have the power and are hereby authorized to levy and cause to be assessed and collected annually upon the issuance of said bonds, an ad valorem tax not to exceed ten cents on the $100.00 cash value of all real, personal and mixed property within the corporate limits of the City of Galveston, or that may be tax- able therein, except so much thereof as may be exempted by the Constitution and laws of this State, or of the United States, to pay the interest and sinking fund of not less than 2 per cent upon said bonds. Sec. lie. The Board of Commissioners of the City of Gal- Aid in con- structing veston be and the same are hereby authorized to aid and assist ^^^^^eway. the County of Galveston in the construction of a causeway across Galveston Bay from the main land to Galveston Island opposite the limits of the said City of Galveston, by appro- priating out of any funds that may be available for that pur- pose, a sum not to exceed $20,000.00 in any one year for a period of ten years. And in the event no funds of said City may be available for the purpose aforesaid, then the said Board of Commissioners, for the purpose of aiding and assisting said ^"^fsf^u^^^on County of Galveston in the construction of said causeway,^ causeway. 76 Sec. 72 Charter of the City of Galveston Redemption of bonds. Rate of interest. Tax levy for. shall have the power and are hereby authorized to issue from time to time bonds of the City of Galveston in the denomina- tion of $100.00, or multiples thereof, to an amount not exceeding $200,000.00^ payable not more than fifty years after their date, with the right of the City to select by lot and redeem with the sinking fund or otherwise any of said bonds twenty years after their issuance, bearing interest, payable semi-annually at a rate not to exceed 4^ per cent per annum. Said bonds shall not be sold or otherwise disposed of at less than par and their proceeds shall be used and expended exclu- sively to aid and assist the County of Galveston in the con- struction of said causeway. And said Board of Commissioners shall have the power and are hereby authorized to lev}^ and cause to be assessed and collected annually upon the issuance of said bonds, an ad valorem tax not to exceed ten cents on the $100.00 cash value of all real, personal and mixed property within the corporate limits of the City of Galveston, or that may be taxable therein, except so much thereof as may be exempted by the Constitution and laws of this State, or of the United States, to pay the interest and provide a sinking fund of not less than 2 per cent upon said bonds. Bonds to be voted on be- fore issued. The bonds provided for in this Act shall not be issued by the Board of Commissioners of the City of Galveston unless their issuance shall.be authorized by the votes of a majority of the qualified voters of the City of Galveston, who are property taxpayers residing in said City, voting at an election upon the question of the issuance of said bonds, as required by Chapter CXLIX of the acts of the Twenty-sixth Legislature of the State of Texas, approved May 26th, 1899. Grade raising tax, etc., a special trust fund. Sec. 72. Each tax authorized under this Act to be levied, assessed and collected for the purpose of paying the interest and sinking fund upon any bond issued under this Act shall be, and the same is hereby declared to be, a trust fund for the purpose of paying the interest upon and providing a sinking fund for the redemption of the respective bonds for which it Charter of the City of Galveston Sec. 73 77 was levied; and when collected, the money thereupon shall never be diverted from the purpose for which it was levied, nor used for any other purpose. Any dividend or income that may be pledged to secure the interest and sinking fund upon any of the bonds authorized to be issued under this Act shall also be, and is hereby declared to be, a trust fund, and shall never be used for any other purpose than that for which the same may be hypothecated or pledged. to Sec. 73. The President of the said Board of Commissioners P^^^^uien^^^^^^^ shall cause to be prepared and make stated financial reports afmptroSer. at least as often as once every six (6) months to the Comp- troller of the State 'of Texas in accordance with forms and methods and at times to be prescribed by said Comptroller. Certified to by All such reports shall be certified as to their correctness by Auditor. the Auditor of said citv. Such reports shall be printed as a public docu- ment, part of the public documents of the State, and be submitted Submitted to bv the Comptroller of the State to the Legislature at each Legislature. regular session next succeeding the making of such reports. Shall contain Such reports shall contain an accurate statement in summarized form and also in detail of the financial receipts of the city from all sources, and of the expenditures of the city for all purposes, together with a statement in detail of the debt of said city at the date of said report and of the purposes for which said debt has been incurred as well as ■ such other information as may be required by said Comptroller of the State. Said Comptroller examine city of the State shall have power, and it is also made his duty, by appoint ex- himself or by some competent person or persons appointed by him, to examine into the affairs of the financial department of said city; on every such examination inquiry shall be made as to the financial condition and resources of the city, and whether the requirements of the Constitution and laws have been complied with, and into the methods and accurracy of the accounts of the said city, and as to such other matters as the said Comptroller may prescribe. The Comptroller of the 78 Sec. 74 Charter of the City of Galveston Examiner may administer oaths and summon witnesses. State and every such examiner appointed by him shall have power to administer an oath to any person whose testimony may be required ^n any such examinaticn, and to compel the appearance and attendance of any such person for the purpose of any such examination and the production of books and papers. A report of each examination shall be made and shall be a matter of public record in the office of said Comp- troller. Proposals for work to be advertised for Bids to be opened. Bids to be recorded. When acted on. Contractor to give bond. Board to ap- prove bond. Contracts awarded, see majority vote. Signed by whom. Contract to be recorded. Estimates by heads of departments. Sec. 74. That the said Board of Commissioners shall, in every case, before entering into any contract involving the expenditure of more than five hundred ($500.00) dollars adver- tise daily for one week or more in the official newspaper of said City, to be designated as provided in this Act, for proposals for work to be done, or material to be furnished, and shall open all bids on the day named in the advertisement, or as soon thereafter as practicable, in the presence of not less than three (3) members of said Board, and shall enter such bids with the names of the bidders in a book to be kept for that purpose, which book shall at all times be 6pen for the inspec- tion of citizens, and every bid shall remain at least one day open for discussion before any contract shall be awarded upon it, and after that time the award shall be made, if at all, to the lowest responsible bidder, who shall in all cases be required to give ample bond and security for its performance, the bond and security to be approved by the members of said Board or a majority thereof. No contract shall be made which does not receive the assent of a majority of all said Board, and all such contracts involving an expenditure of said sum shall be in writing, and shall be executed by the President and Secretary of said Board, and shall also, be executed by the other con- tracting party and shall be recorded in full in a well bound book to be kept for that purpose open to the inspection of all citizens at all times. The Commissioners designated as the head of each department shall in every case involving an expen- Charter of the City of Galveston Sec. 75-76 79 diture of over five hundred ($500.00) dollars, before any adver- tisement be made for proposals, submit to the said Board, a statement in writing, with an estimate by him of the cost of the proposed work to be done, or material to be furnished, and Approval of. unless the same receive the sanction of at least three members of said Board, it shall not be advertised or undertaken, said written sanction to be endorsed on the statement with the estimate made by said Commissioner, and to be kept on file in the ofhce of said Board. It shall be a felonv for any member ^^ . -1 -I- ". ^. . No Commis- of said Board to become mterested directlv or mdirectly, nearly sioner to be 1 • r 1 • 1 ^ 1 1 1 r <• • 1 /-»• interested in or remotely, m any contract of any kmd m behalf of said City, contracts, and upon conviction, the party shall be punished as provided by article 266 of the Penal Code of the State of Taxas, govern- for. ing such matters ; Provided, however, that nothing in this section shall be construed to prohibit said Board from having work done by day done by day labor, or material purchased under such rules and regulations as said Board may by ordinance prescribe. And Provided, that eight hours shall constitute a day's work in all Eight hours 1 r -, ^- •1-I-.1-T-V TT11 constitute work dcna for the City, except m the Police Department, Health day's work, Department, Fire Department and the Electric Lights and Waterworks Department, and that not less than two dollars per day shall be paid for all work done either by the day or on contract let by said City as provided for in this section. Sec. 75. That no person shall be an incompetent j^^g^.^u^ts by^or^ justice, witness or juror by reason of his being an inhabitant ^*i^J°Jj^^^ or freeholder in the City of Galveston, in any action or pro- ?s witnesses -^ -^ ^ jurors m. ceeding in which said city may ba a party interested, and all officers and employees of said city shall be exempt from j^i"y ^^''Ixempt service while holding office or in the employ of said city. ier^id"'^^ Sec. 76. At the end of each fiscal year, if an amount should surplus re- have accrued from taxation, or revenue received from dividends count oT£nd 1 1 . , - r i_ • t, funds, applied on Stocks or surplus receipts, or earnings from any source, which to general are now or will be hereafter pledged to be applied to the interest p"'^^''^^- and sinking funds for the protection of all classes of outstanding 8o Sec. 77-87 Charter of the City of Galveston bonds, or bonds to be hereafter issued, should exceed two per cent for sinking fund, then and in that event the surplus, if any, over and above said two per cent sinking fund, can be used for the purpose of making general improvements, or other- wise, as the Commissioners mav determine. Printed ordi- nances admit- ted in evidence. Existing or- dinances re- main in force. Sec. 77. The printed or published ordinances and other acts of the government of said city purporting to have been printed or published under the authority of the Board of Com- missioners or other municipal government of said city shall be received as evidence of the ordinances and acts therein contained. Certified copies of ordinances shall also be received in evidence. All ordinances, resolutions, rules and regulations now in force in the City of Galveston and not in conflict with the provisions of this Act shall remain in force under this Act until altered, amended or repealed by said Board after this Act takes effect. Corporation Court — estab- lishment of. Powers and jurisdiction of. Officers of court — ap- pointment of. Vacancies- how filled. Sec. 78. There shall be and is hereby established in said City, * a Corporation Court, as contemplated, provided and required by Chapter XXXIII of the general laws of the Twenty- sixth Legislature of the State of Texas, passed at its regular session in 1899, being entitled "An Act to establish and create in each of the cities, towns and villages of this State, a Stat^ Court to be known as the Corporation Court in such city, town or village, and to prescribe the jurisdiction and organization thereof, and to abolish municipal courts." Said court shall be organized as provided in said Act, and have, use and exercise all the duties, jurisdiction and practise and proceedings therein provided and prescribed. The Board of Commissioners of said City shall, as soon as practicable after the passage of this Act, appoint the Recorder and all other officers of said court to hold office until the next ensuing biennial election or appoint- ment of the successors of such Commissioners, when, and bien- nially thereafter, said Board of Commissioners shall appoint successors of such officers, and if at any time there be a vacancy in any of said offices, said Board of Commissioners shall by Charter of the City of Galveston Sec. 78a 81 appointment fill the same for the unexpired term; Provided, (-1;^^ ggj.j.pjj^j.y however, that said Board of Commissioners may at any time J^'ip^^'^Qf^^^- provide that the City Secretary or his assistant, if any be created by said Board, shall be ex-officio Clerk of said Court; and Provided, further, that said Board of Commissioners shall otherwise have, use and exercise all duties, powers and authority o?miissioners in and by said act conferred generally on the Councils or board asTilayor^and^ of aldermen of cities, towns and villages; and Provided, further, ^^'^®^°^®"' that the compensation of the Recorder shall not exceed twelve Recorder's hundred ($1200.00) dollars per annum. Provided, the Board ^^^^''y- of Commissioners may appoint a Deputy City Attorney to ^^p^^y Qj^y represent the City and the State in all cases in said Corporation ^preS dty. Court, and who shall receive for his services the same fees now allowed the County Attorney in Justice Courts in misdemeanor cases. Sec. 78a. That a certain a2:reement and contract of settle- Wharf Com- o pany — agree- ment, adjustment and compromise entered into by and t)etween ment-jg^^^ the City of Galveston and the Galveston Wharf Company, bearing date the 9th day of March, 1905, be and the same is hereby in all things ratified, approved and confirmed, a sub- stantial copy of which said agreement and contract is as follows: STATE OF TEXAS, County of Galveston. Know All Men by These Presents: That to finally settle the question of the apportionijient of dividends to which the City of Galveston is and shall be entitled from the Galveston Wharf Company, and to finally compromise, settle and adjust all matters of difference and controversy, and all pending suits between said City of Galveston and said Galveslcn Wharf Company, the said City of Galveston, a body corporave and politic, and the said Galveston Wharf Company, a corporation duly incorporated under and by virtue of the laws of the State of Texas, having its domicile and principal office and place of business in the city and county of Galveston, 82 Sec. 78a Charter of the City of Galveston Texas, have mutually contracted and agreed to and with each . ♦ other, and do hereby mutually contract and agree to and with each other, as follows: Cash to be 1, Said Galvcston Wharf Company shall pay to said Citv paid city. JT ^ X J of Galveston sixty thousand dollars ($60,000) as follows: Ten thousand dollars ($10,000) each year for three consecutive years and the balance of said total sum of sixty thousand dollars ($60,000) each, in five annual payments of six thousand dollars ($6,000) each, the payment of the first ten thousand dollars ($10,000) to be made on the first day of November, 1905, and • How used. the remaining payments to be made on the first day of November of each consecutive year thereafter until the whole of the said sum of sixty thousand dollars ($60,000) shall have been paid, the said sum or an equivalent amount to be expended by said City of Galveston for drainage purposes in said city. Suit dismissed. 2. Said Galvcston Wharf Company shall, as soon as this contract and agreement takes effect, dismiss its suit against said City of Galveston to recover overpayments of taxes, pend- ing in the District Court of Galveston County, numbered on the docket of said court 12,796, involving, in round numbers, with interest, about fifty-seven thousand dollars ($57,000), and said Galveston Wharf Company shall pay all court costs of said suit. 3. Said Galveston Wharf Company shall, as soon as this contract and agreement takes effect, pay to the said City of Galveston the sum of two thousand dollars ($2,000), and — suit '^^etTied.^ s^i*^ ^^^Y ^^ Galvcston shall receive said sum in full settlement of said city's claim against said Galveston Wharf Comany for fire protection involved in cause No. 22,321, now pending in the District Court of Galveston County, Texas, and said Galveston Wharf Company shall dismiss its petition in said cause, and said City of Galveston shall dismiss its cross action or plea in reconvention in said cause, and said City of Galveston profe/tion^^^ shall havc the right to make a charge against said Galveston Wharf Company, from and after the dismissal of said cause, Charter of the City of Galveston . Sec. 78a 83 for fire protection, according to rates to be fixed by the Board of Commissioners of the City of Galveston or other government of said city, said rate, however, not to exceed forty cents per annum per thousand square feet of area occupied by said Gal- A'eston Wharf Company's sheds protected, said charge for fire protection, however, to be made against said Galveston Wharf Company only so long as said City of Galveston makes and ■enforces charges for fire protection against other persons or corporations for similar protection. 4. Said Galveston Wharf Company shall admit and rec- pitys "ght ognize that, by virtue of the hereinafter mentioned decree, said Company. City of Galveston owns an undivided one-third interest in all the property of said Galveston Wharf Company situated between Thirty-first street and Forty-first street north of Avenue A, in said City of Galveston, including what would be the pro- longations of Thirty-first street and Forty-first street, and all of intervening streets, if the same were opened, in the same manner as the said city's one-third interest is now recognized and established in the, property of said Galveston Wharf Com- pany situated in said City of Galveston between Ninth and Thirty-first streets north of Avenue A by the decree entered in the District Court of Brazoria County, Texas, on the first day of April, 1869, in a suit by said City of Galveston against said Galveston Wharf Company, which said decree was duly ratified and confirmed by an Act of the Legislature of the State of Texas, approved June 23, 1870, and said city's one-third interest in all of the said property of said Galveston Wharf Company between Ninth street and Forty-first street north of Avenue A, in said City of Galveston, shall be represented by said city's sixty-two hundred and twenty-two (6,222) shares of stock owned by said city in said Galveston Wharf Company. 5 . Said City of Galveston shall have the right to open and city's right to construct drains and sewers, and combination drains and sewers Sn^etc.. to the channel of Galveston Bay, through and across any of ^^t^^ "^^^^ said Wharf Company's property at such places between said 84 Sec. 78a Charter of the City of Galveston Ninth and Forty-first streets as may be necessary, and the right of way and permission for that purpose is hereby granted by said Galveston Wharf Company to said City of Galveston, and said Galveston Wharf Company hereby releases any ckim for compensation or damages against said city for the taking, use, construction and continuous maintenance of such drains, sewers and combination drains and sewers, and all such drains, sewers and combination drains and sewers so opened and con- structed shall extend to the channel of Galveston Bay ; Provided, however, that if said city desires to construct any such drain (not a sewer nor combination drain and sewer) so as to empty into slip instead of the channel of the bay, said city shall first obtain written consent from said Galveston Wharf Company so to do, and if such consent is refused by said Galveston Wharf Company, nothing in this contract shall be construed to prevent said city from exercising any right of eminent domain it may have or acquire; and said city shall open and construct, at its own expense, all such drains, sewers and combination drains and sewers, through or across said Galveston Wharf Company, s property, and the location of all such drains, sewers and com- bination drains and sewers shall be agreed upon between the City Engineer of said city and the superintendent of said Wharf Company, and in case they can not agree upon such location they shall select a third person, and the majority of the three shall select a location, but this agreement shall not be con- strued to impair said city's right of eminent domain. Said Galveston Wharf Company shall not be held liable for and is hereby released from liability for any damage or injury that may be done to said drains or sewers or combination drains and sewers by the construction of said Galveston Wharf Com- pany of iinprovements upon its property or the operation or use of its Scid property for its ordinary business; provided, that if said Wharf Company shall construct any building, shed or permanent siructure upon its said property any damage to any such drains or sewers or combination drains and sewers caused by said cons; ruction shall be promptly repaired by said Wharf Company at its own expense, or said drains or sewers or com- Charter of the City of Galveston Sec. 78a 8$ bination drains and sewers shall be, at the expense of said Wharf Company, promptly adjusted or arranged so as not to impair the efficiency thereof; and provided that said city shall, at its own expense, promptly, and to the satisfaction of said Wharf Company, restore any and all property of said Wharf Company in any manner disarranged, disturbed or injured by or as the result of the construction by said city of any such ■drains or sewers or combination drains and sewers through or across said Wharf Company's property, to the same or as good condition as said property was in before such disarrange- ment, disturbance or injury. 6. Said Galveston Wharf Company shall be and hereby is wharf released from any obligation to open any drains at its own ^i^^U^ro,^ expense and cost through or across any of its said property coSSfuc tin? between said Ninth and Forty-first streets in said City of Gal- *^'"^"^''' veston, and said Wharf Company shall have and is hereby granted the right and privilege, subject to the supervision of the city engineer of said city, to connect without charge any •drains of its own with the drains or sewers or combination drains and sewers that may be constructed and maintained by said city through or across said Wharf Company's property; and said one-third of said Wharf Company's entire property owned by said City of Galveston as aforesaid shall be exempt from taxation, and said city shall be entitled to and shall receive dividends from said Galveston Wharf Company in the same manner in which such dividends have heretofore been paid; that is, said city shall be entitled to and shall receive upon •each of its sixty-two hundred and twenty-two (6,222) shares •of stock the same amount of dividends as shall be paid by said Galveston Wharf Company on any other share of capital stock •of said Wharf Company, all fixed charges and legitimate expenses of operating, maintaining, repairing and improving the entire property in the same manner as heretofore, including all taxes, interest and sinking funds that m.ay be due or become due by said Wharf Company, to be first deducted before the payment of any dividends, all previous assessments and payments of 86 Sec. 78a Charter of the City of Galveston taxes, interest, sinking funds and dividends being hereby admit- ted by said city to be correct ; and said Galveston Wharf Company shall hold the title, subject to said city's one-third interest therein,' to said entire property included in the territory north of Avenue A and between said Ninth and Forty-first streets, in the City of Galveston, including what would be the pro- longations of all streets if opened through said property; and the control and management of the whole of said Wharf Com- pany's property, including said city's one-third interest therein to remain in said Wharf Company in the same manner as fixed by the before-mentioned decree of the District Court of Bra- zoria County, Texas, and said decree and all the terms and provisions thereof shall remain in full force and undisturbed except in so far as the same may be changed by this contract and agreement. Le*-?iatu?e" ^^ ''• '^^^^ Contract and agreement shall take effect and become binding upon the respective parties hereto when the same shall have been confirmed and ratified by an Act of the Legis- lature of the State of Texas, and when such Act shall have taken effect, and not before. In Testimony Whereof, said City of Galveston has caused these presents to be executed for it and on its behalf by the Mayor-President, and attested by the Secretary of the Board of Commissioners of said City of Galveston, and the corporate seal of the city hereto affixed in accordance with and by virtue of a resolution of the Board of Commissioners of said City of Galveston, adopted at the meeting of said Board of Commis- sioners held in the City of Galveston, Texas, on the ninth day of March, A. D., 1905, a certified copy which is hereto attached and marked for identification "Exhibit A," and made a part hereof; and said Galveston Wharf Company has caused these presents to be executed for it and on its behalf by its president and attested by its secretary, and the corporate seal of said Galveston Wharf Company hereto affixed, in accordance with and by virtue of a resolution of the board of directors of said Galveston Wharf Company, adopted at the meeting of said Charter of the City of Galveston Sec. 78a 87 board of directors held at the office of said Galveston Wharf Company in the City of Galveston, Texas, on the ninth day of March, A. D. 1905, a certified copy of which resolution is hereto attached and marked for identification "Exhibit B," and made a part hereof. Executed in duplicate at Galveston, Texas, on the ninth day of March, A. D., 1905. (Corporate Seal of CITY OF GALVESTON, City of Galveston.) By Wm. T. Austin Mayor-President of the Board of Commissioners of the City of Galveston. Attest: John D. Kelley, Secretary of the Board of Commis- sioners of the City of Galveston. (Corporate Seal of GALVESTON WHARF CO., Galveston Wharf Co.) By John Sealy, President of said Galveston Wharf Co. Attest: John E. Baily, Secretary of said Galveston Wharf Company. EXHIBIT "A". Be it resolved by the Board of Commissioners of the City Resolution of of Galveston, That said city do make and enter into the pro- §J^,^gfioners. posed contract with the Galveston Wharf Company for the final settlement of the question of the apportionment of dividends to which said City of Galveston is and shall be entitled from said Galveston Wharf Company, and for the final compromise settlement and adjustment of all matters of difference between said City of Galveston and the Galveston Wharf Company, which said proposed contract, bearing date the ninth day of March, 1905, is hereto attached, and that the Mayor-President of said Board of Commissioners of the City of Galveston be, and he is hereby empowered, authorized and directed to execute and sign said contract on behalf of the City of Galveston, and 88 Sec. 78a Charter of the City of Galveston the Secretary of said Board of Commissioners of the City of Galveston be, and he is hereby authorized, empowered and directed to attest said contract, and affix thereto the corporate seal of said City of Galveston. STATE OF TEXAS, City and County of Galvesto J We, Wm. T. Austin, Mayor-President of the Board of Com- missioners of the City of Galveston, and Jno. D. Kelley, Secre- tary of said Board of Commissioners, do hereby certify that the foregoing is a true and correct copy of a resolution unani- rnously adopted by the Board of Commissioners of the City of Galveston at the meeting of said Board held at the city hall in the City of Galveston, Texas, on the ninth day of March, 1905, as said resolution appears of record in the minutes of said meet- ing of said Board of Commissioners of the City of Galveston. Witness our official signatures and the corporate seal of said City of Galveston hereto affixed at said City of Galveston, this the ninth day of March, 1905. Wm. T. Austin, Mayor-President of the Board of Commissioners of the City of Galveston. (Corporate Seal of City of Galveston.) Jno. D. Kelley, Secretary of the Board of Commissioners of the City of Gal- veston. EXHIBIT /*B.'' Resolution of Be It rcsolved by the Board of Directors of the Galveston pany'^direcTo'rs. Wharf Company, That said Galveston Wharf Company do make and enter into the proposed contract with the City of Galveston for the final settlement of the question of the appor- tionment of dividends to which said City of Galveston is and shall be entitled from said Galveston Wharf Company, and Charter of the City of Galveston Sec. 79 89 for the final compromise, settlement and adjustment of all matters of difference and controversy, and all pending suits between said City of Galveston and said Galveston Wharf Company, which said proposed contract, bearing date of the ninth day of March, 1905, is hereto attached, and that the president of said Galveston Wharf Company be, and he is hereby empowered, authorized and directed to execute and sign said contract on behalf of said Galveston Wharf Company and the secretary of said Galveston Wharf Company be, and he is hereby authorized, empowered and directed to attest said contract and affix thereto the corporate seal of said Gal- veston Wharf Company. STATE OF TEXAS, ) City and County of Galveston. J W>, Jno. Sealy, president of the Galveston Wharf Company, and Jno. E. Baily, secretary of said Galveston Wharf Company, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the board of directors of said Gal- veston Wharf Company at the meeting of said board of directors held at the office of said Galveston Wharf Company in the City of Galveston, Texas, on the ninth day of March, 1905, as said resolution appears on record in the minutes of said meeting of said board of directors. Witness our official signatures and corporate seal of said Galveston Wharf Company hereto affixed at said City of Gal- veston, Texas, this the ninth day of March, 1905. Jno. Sealy President of the Galveston Wharf Co. (Corporate Seal of Galveston Wharf Co.) Jno. E. Baily, • Secretary of the Galveston Wharf Co. * " * * * * * Sec. 79. (93.) That an Act entitled "An Act to incor- Act of isze, porate the City of Galveston and grant it a new charter," passed^**'" ^^^^^^^ ' on the 2d day of August, 1876, and all other acts relative to the incorporation of the City of Galveston, as well as all amend- 90 Sec. 8C.-82 Charter of the City of Galveston Rate of tax on refunding bonds fixed. Obligations, etc., of city not impaired. Repeal does Hients to the Charter of said city, be and the same are hereby drnan?ls*e^tc".. repealed, excepting, however, all legal ordinances, resolutions of city council. Q^ acts heretofore passed by the City Council of Galveston and any provisions of said Charter of 1876, and amendments and acts relating thereto providing for the issuance and pay- ment of either principal or interest of outstanding legal unpaid bonds of the City of Galveston ; Provided, that the rate of taxa- tion hereafter fixed in any ordinance providing for the issuance of refunding bonds shall not exceed the rate levied in the ordi- nance under which the bonds to be refunded were issued; Provided, further, that nothing in this Act shall be taken or construed to impair the obligations of outstanding legal con- tracts of the City of Galveston. All courts Sec. 80. (94.) This act shall be taken and held to be a etc., to take , ^ cognizance of public law and all courts and tribunals shall take judicial cog- LlilS 3>Ct>* nizance and knowledge of the contents and provisions hereof, and it shall not be necessary to plead or prove such contents or provisions. Sec. 81. (Section 3 of bill.) That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Sec. 82. (Section 4 of bill.) That the fact that there is no Corporation Court in said City of Galveston, and the admin- istration of the law therein is in consequence greatly hindered, and that the other changes hereby made in the Charter of said city are urgently needed for the better administration of its affairs, creates an emergency and an imperative public necessity requiring that the constitutional rule that bills shall be read on three several days be suspended, and that this Act shall take effect and be in force from and after its passage, and it is therefore so enacted. (Note. — The enrolled bill shows that the foregoing Act passed the House of Representatives by a two-thirds vote — ayes 110. nays 0; and passed the Senate on March 19, 1903, by a two-thirds vote — ayes 26, nays 0.) Approved March 30, 1903. Takes effect immediately on passage. Repealing clause. Emergency clause. INDEX TO CHARTER Acting President — Section. Appointment of 15 Powers, duties and compensation. 15 Accounts and Claims — Auditing and approval of 13, 44 Auditor, duties as to 19e Alta Loma Water Works — Engineers, salary of 24r Anchors, Sails and Yards — Use and disposition of regulated 46- Animals, Fowls, Etc. — • At large, regulation of 34e, 34aa, 34bb- Abuse of 34f Driving in streets 34e, 34aa Appeal Bond — City not required to give 28 Appropriations — Budget allowances not changed except 44 Deficiency in, pro rata abatement 44 Excess of Budget punished 44 Excess of Budget goes to general fund 44r Estimates by heads of departments 44 Salaries changed, when 44 Assembly, Affray, Disorderly — Suppressed 34e& ii Index to Charter Assessor and Collector (See Taxes and Taxation) — Sec ' Appointment 19 Bond and salary 19c Bankrupts and insolvents, duties as to 58 Demand on taxpayers not necessary 59 Deposits with Treasurer 19b, 19c Duties and powers, general 19c Duties in certain cases 54, 55, 58 Equalization, Board of, duties 19c Poll tax, shall collect 54 School taxes, collection of 19c, 64 Seizure and sale for taxes 58 Supplemental roll, shall make 19c Assets — Collection of 44 Moneys, taxes and property of city exempt from seizure. ... 49, 50 Attorney, City — Appointment 19 Bond and duties 19d Meetings of Board, shall attend 26 Salary and commissions 19d Attorney, Deputy City — Appointment of . . 78 Attorney, District — ' Breach of duty, shall prosecute for ,31 Auditor — Appointment of 19 Bond 19e Duties 19e Financial statements, certify to 73 Meetings of Board, shall attend 26 Receipts, duplicates from Treasurer 19b Salary. , 19e Auditing Accounts — (See Accounts and Claims) — -Banks of Deposit — Bond, contract, duties of 19b How selected 19b Index to Charter iii Bankrupt Stocks — (See Taxes and Taxation) — Sec. Dealers in? 39 Licensing, regulating, suppressing 39 Seizure and sale for taxes 58 Taxes against, how collected 58 Taxes against, prior lien on 58 Bathing and Swimming — Regulation of 40 Bath Houses — Construction and regulation of 40 Bath Houses, Pavilions, Etc., and Approaches to — Construction and regulation of 40 Police powers over 40 Beach and Shores — Buildings unauthorized, removal of 35 Beggars— ^(See Mendicants and Beggars) — Bids for Contracts — (See Contracts) — Birds, Fowls, Etc. — At large, prohibited, regulated 34aa, 34bb Births — Records to be kept 34cc Breach of Duty or Trust — City officers punished for . 31, 44, 67p Board of Commissioners, Powers, Duties, Etc. — Acting President of 15 Acts of old Board validated 22 Alleys, iraprovements of, etc 34b Animals, fowls, etc., at large 34aa, 34bb, 34e Animals, fowls, etc., abuse of . 34f Animals, standing and driving in streets 34e, 34aa Auditing claims 13 iv Index to Charter Board of Commissioners — Continued. Sec. Assembly, disorderly ' 34ee Appropriations of revenue 44 Bath houses, pavilions, construction and regulation of 40 Bathing and swimming 40 Beach and shores, powers over 40 Beggars, regulating 34g Births, record of to be kept 34cc Board of Engineers, appointment of 68 Boats, position of regulated, penalties 46 Bonds and oaths of Commissioners 8 Bonds, refunding, issuance, taxes for, etc 67 Bonds for duplicate main 71a Bonds, special tax levy for 67 to 67m, 71a, 7lb, 71c, 71e Bonds, filling and grading ; 69, 71c Bonds for construction, etc., of public free schools 71b Bonds for causeway 71e Bonds to be voted on 7 le Bonds of all officers, Board shall fix 21 Breach of duty, power as to 31 Budget, estimates for, shall not exceed 44 Buildings, regulating construction of 34i Buildings, unauthorized, removal of 35 Buildings, dangerous, removal of, etc 34i Buildings, public 34v Burial of dead 34cc Butchers, regulated 34u Carcasses, removal of 36 Cemeteries ^ 34cc Channel, dredging, changing, protection of 37 Charter officers, power to remove 32 Charges, trial, judgment, etc 32 Chimneys, flues, etc., regulating 34i Circuses, shows, etc., licensed, regulated '. 34gg Claims, auditing of 13 Cock fighting prohibited 34ff Compensation of officers, shall fix 21 Compromise of taxes 63 Concealed weapons 34y Contempt, may punish 12a Contracts, advertising, letting, etc 74 Contagious diseases 34j Corporate powers, duties, etc 1 Corporation Court, powers as to 78 Index to Charter ^ v Board of Commissioners — Continued. Sec. Cows, limited number 34k Dead carcasses, removal of, etc 36 Deadly weapons prohibited 34y Deaths, burials, etc., regulated, record of kept. 34cc Deficiency in revenue, pro rata abatement 44 Diseases, contagious 34j Discussion, privilege by officers 26 Digging in streets 34b Directors in corporations 6 Disorderly houses ' 34k Disorderly persons , 34g Disorderly assembly 34ee Disorderly conduct ^ 34ee Dogs, regulating, licensing, etc 34bb Dog fighting, prohibited 34ff Donations, may accept for city 34w Donation, State, how expended 70 Duplicate main, bonds for 71a Duties of officers, shall prescribe 21 Election of Commissioners 5 Election for bonds for duplicate main or grade raising 71a Employees, appointment, discharge of, etc 29 Engineers, Board of, appointed 68 Exemptions from taxes 53 Exemptions of public property and funds from seizure 49 Exemptions from Jury service, etc 75 Fences, partition 34i Fighting, abusive language, prohibited 34ee Filthy foods, prohibited 34u Fines, penalties, etc 34dd Financial statements, publication of, etc '. . 13 Fire Department, shall establish 20 Fire limits, may establish 34j Fire arms, carrying of prohibited 34y Fire works, regulated 34o Fishing piers on beach, construction and regulation of 40 Flues, chimneys, etc., regulated 34i Fowls, fish, fresh meats, etc., inspection of, etc 34u Fowls, birds, animals, etc., at large 34aa, 34bb Franchises, granting of 45 Funds, special, regulation as to 34x, 67i, 67p Gas pipes, regulate 34b Gaming houses, suppressed 34k Grade raising, bonds, issue of 69, 71a vi Index to Charter Board of Commissioners — Continued. Sec. Grade of city, established, regulated, cost of 34c Grounds, public, may improve, regulate, etc 34b Gun powder, storing of regulated, etc 34n Harbor, preservation of, improper use of, etc 37, 46 Harbor Master, appointment 19h, 46 Hawkers, licensing, regulating, etc 39 Hide houses, regulated, etc 34k Horses left standing, running at large, abuse of, etc 34e, 34f, 34aa, 34bb Hospitals, regulated, control of 34d Houses, disorderly 34k Imprisonment, when assessed 34dd Jurisdiction and powers ot Board 6,12 Labor on streets and public works, etc., assessed as pun- ishment 34dd Licenses, assignment of, regulated 34z Lien of tenant for sewer improvement 34s Library, free public, establishment of 43 Lighting streets ' 34b Loans, may make 44 Locomotive engines, may regulate, etc 34p Markets and market houses 34u Marriage registration 34cc Meats, fish, etc., inspection of 34u Meetings of Board 16 Milk, inspection of . 34u Misdemeanors, arrest, prosecute, etc 34h, 34ee Mendicants, beggars, etc., suppress 34g Newspapers, public printing 42 Noises, suppressing, etc 34o, 34ee Nuisances, sanitation 34k, 34t, 35 Occupation tax, levy of 62 Obstruction of streets, removal of 34b Offices, power to create 8 Offices, may create, discontinue, fix and reduce salaries. ... 29 Officers, appointment and removal of 8, 29, 32 Officers, substitutes for appointed when 30 Officers must be qualified voters 29 Oil and gas, storage of regulated 34n Old Board and officers continued until 22 Ordinances and laws, power to make 17 Paupers, prohibit introduction of 34j Pavilions on beach, construction and regulation of 40 Index to Charter vii Board of CoiMMissioNERS — Continued. Sec. Pawnbrokers, license and regulate 39 Peddlers, license and regulate 39 Pensions for firemen and policemen 34:hh Plumbers and plumbing, regulation of 34m Police department, shall establish 20 Pounds, public, may establish 34aa Powers and jurisdiction of Board 6, 12 President of Board, election, tenure of office, etc 5- Prisoners may be worked on streets, etc. 34dd Prize fighting suppressed 34ff Prostitutes suppressed 34g Public parks, grounds, etc., regulations as to 34b Qualifications of Commissioners 5 Quarantine, may establish and regulate 34a Quorum 16 Railroads, tracks and crossings, speed, etc., regulated 34p Railroad tracks, removal and change of 41 Removal of Commissioners 9 Resignation of Mayor or Commissioners 10 Restaurants on beach, construction and regulation of 40 Riots and disturbances, suppression of 34ee Salaries, fixed and changed, when 29, 44 Salaries of Commissioners. 7 Saloons, regulate location of, etc 34 Sanitation, provisions concerning 34a, 36 School tax levied 65 Sewers, lien of tenant 34a Sewerage connections, rates, etc. 34r, 34s Shows, theatres, circuses, etc., regulated. . .' 34gg Sidewalks, cleaning, etc 341 Sidewalks, regulating use and improvement of 34b Slaughter houses 34k Special funds 34x Special tax levy for bonds 67b to 67m, 71a, 71b, 71c, 71e Streets, regulating use and improvement of 34b Streets, use of by horses, vehicles, etc 34o Streets, railroads assessed for improvement 66 Streets, alleys, etc., sewers, drains and lighting of 34b Streets, opening and closing of 34b Streets, opening of, condemnation for 35 Streets, additional burdens on 48 Street cars, regulation relating to 34q, 66 viii Index to Charter Board of Commissioners — Continued. Sue. Street railroads, assessment for taxes 66 . Style of Board 7 Tax levy for grade raising bonds 70, 7 la Tax levy for duplicate main bonds 71a Tax levy for refunding bonds 67b to 67m Tax levy for general purposes '54 Tax levy for school purposes 65 Terms of office, of Commissioners \ 5 Theatres, shows, etc ^^ZK Tramps, regulating, suppressing 34g Trash, in streets, etc 341 Transient vendors, peddlers, etc 39 Vacancies, how filled 10 Vehicles, driving and use of streets by 34e Vessels, regulating, placing, speed of, etc 46 Walls, party, construction, etc., regulated 34i Waterworks, sewers, etc., construction of 34r Water rates, regulations as to 34r Water closets, sinks and sewer connections 34s Weapons, concealed, prohibited 34y Wharf dividends for grade raising bonds 71 Wharves, construction of, regulations as to. 2)1 Witnesses, compel attendance of 12a Yards, cleaning of 34i Board Meetings — Officers, certain to attend 26 Officers, privilege of discussion at 26 Quorum, what constitutes 16 Regular meetings, when held 16 Special meetings, called how 16 Board of Equalization — Board of City Commissioners to sit as 19c Duties, powers and length of session of 19c Board of Engineers — Appointment of 68 Compensation of 68 Grade established by 68 Index to Charter ' ix Boats and Vessels — Sec. Position, speed, etc., of regulated 46 Bonds — Causeway, aid in constructing 71e Duplicate main, issuance of : 71a Grade raising, issuance of regulations 69, 7 la Grading, raising, etc 71c Interest, rate of 69, 71a Proceeds of, how used 69, 71a Tax levy for 70, 71a Taxes for special trust fund : 72 Territory to be filled with 69, 7 la Wharf dividends used for 71 Refunding bonds, issuance of 67 Refunding bonds, cancellation and redemption of 67ni Refunding bonds, coupons surrendered with 67m Refunding bonds, interest rate of 67 Refunding bonds, publication of act 67j Refunding bonds, repealing act does not affect 79 Refunding bonds, redemption and refunding of 67k Refunding bonds, signed how 67i Refunding bonds, special fund, interest and sinking fund . . 67i Refunding bonds, special taxes for 67b to 67m Refunding bonds, sinking funds 67i to 67m Refunding bonds, surplus funds of, used how 76 Refunding bonds, taxes and funds of released and how. ... 671 Refunding bonds, tax levies for 67b to 67m Refunding bonds, tax levies for limited 67o Schools, public free, issuance of 71b Bond Registry — Kept and regulated 67i to 67n Bonds for Appeal— City not required to give 28 Bonds, Notes and Scrip — Issuance of regulated SO Bonds, Official — Board shall fix for all officers 21 Form and sureties 27 New bonds required when 21 X Index to Charter Borrowing Money — Sec. Amount limited 44 Regulated 44 Taxes pledged as security for 44 Breakwaters — Condemnation of land for 48 Right of way for, attained how 48 . Streets and public grounds used for 48 Seawall, construction of 48 Budget- Board shall make 44 Accounts, auditing of 44 Allowances in not changed except 44 Appropriations in excess of punished 44 Assets, collection of 44 Deficiency in revenue pro rata abatement • 44 Estimates for by department heads 44 Excess appropriations prohibited 44 Fiscal year 44 Heads of departments, estimates by 44 Liabilities, payment of ' 44 Loans, Board may make 44 Reserve fund, how disposed of 44 Revenues, collection of , 44 Salaries changed, how 44 Buildings — Construction of regulated 34i Construction of on beach 40 Public buildings, erection and repair of 34v Removal and repair of unsanitary or dangerous 34i Removal of buildings from streets, waters and shores 35 Unsanitary or dangerous condemned 34t Burials — Record of to be kept 34cc Carcasses, Dead — Removal of Z6 Causeway — Bond issue for 7 le Index to Charter xi •Cemetery and Cemeteries — Sec. Establish, maintain, regulate 34cc Sexton, appointment of 19 Channel — Dredging, cleaning, protection of 37 Charges — (See fares, rates and charges) — Charter Officers — (See officers) — Removal of . 32 Charter, City — Enacting clause 1 Emergency clause 82 Public law : 80 Repealing clause 79,81 -Chief of Fire Department — (See police and fire department) — Appointment of 19 Assistant chief, appointment of 19 Board meetings, shall attend 26 Charges against, trial of 20 Discussion, privilege of at meetings 26 Duties and powers of 20 Salary of 20 Chief of Police — (See police department) — Appointment of 19 Assistant chief, appointment, salary, etc 19, 20 Bail, may take : 20 Bar rooms, theatres, etc., may close 20 Board meetings, shall attend 26 Charges against, trial of 20 Discussion, privilege of at Board meetings 26 Duties, general, and powers 20 Process, shall execute 20 Salary and bond 20 Suspensions, may make, report same 20 Circuses, Shows, Theatres, Etc. — Regulation of ^^?,Z # xii , Index to Charter City Attorney — (See attorney, city) — ■ Sec. Citizens — Not disqualified as witnesses or jurors 7 5 City Commissioners — (See commissioners, city) — - City Funds and Property — - Exempt from seizure for debt 4Q Exempt from garnishment 50 City of Galveston — (See exemptions) — Damages, exempt from 47 Enacting clause 1 Powers, duties, obligations 1 City Limits — Defined 2' City Property — (See city funds) — Enumeration of .- 4 City Secretary — Appointment of 19 Corporation Court, clerk of 78 Duties of 19a Oaths, power to administer 11 Process, issuance of 12a Salary 19a Claims — Approval before payment 13 Auditing of 13- CocK Fighting — Prohibited 34ff Collector — (See Collector and Assessor) — Commissioner, City — (See Board of Commissioners) — Absent from Board meeting, no final action as to depart- ment of unless 16- Index to Charter xiii Commissioner, City — Continued. Sec. Bond and oath of 8 Budget to be made by, estimates for 44 Budget, penalty for exceeding 44 Claims, auditing of 13 Contracts, estimates for 74 Contracts, not to be interested in 74 Department heads designated, how 12 Election of, time to qualify, etc 5 Financial statements, duty as to 13 Oath and salary of 7 Oaths, may administer 1 1 Powers and jurisdiction of 12 Qualifications and terms of office 5 Reports, shall make 44 Resignation of 10 Removal of Q , 44 Salary of 7 Successors of Mayor and Aldermen 6 Vacancies, created how, filled how 10 Commissioner of Finance and Revenue — Designated, how 12 Duties, powers, jurisdiction 12 Commissioner, Police and Fire — (See police and fire department) — Designated, how 12 Duties, powers, jurisdiction 12 Commissioner of Streets and Public Property — Designated, how 12 Duties, powers, jurisdiction 12 Commissioner of Waterworks and Sewerage — (See water- works and sewerage department) — Designated, how 12 Duties, powers, jurisdiction 12 Comptroller of State — Duties as to finances of city T^ Financial reports to • ~> xiv Index to Charter Concealed Weapons — " Sec. Carrying of prohibited 34y Conduct, Disorderly — Suppression of 34oo Contagious Diseases — Regulations against 34j Contracts — Awarding of regulated 74 Bids, opened, acted on, when 74 Bond of contractor 74 City Commissioners not to be interested in. 74 Estimates for, made and approved 74 Recorded in book 74 Corporations — Directors in 6 Corporation Court — Board of Commissioners, powers as to. 78 City Secretary, assistant clerk. 78 Establishment of, powers and jurisdiction 78 Fees in to be paid to city. 24 Officers of, appointment, vacancies, etc 78 County Commissioners — Election, shall order 5 Court — (See corporation court) — Charter, shall take cognizance of 80 Ordinances received by as evidence 17, 77 Cows — Limit number to be kept ; 34k Current Revenue— Alone liable for debts of city 50 Daily Deposits — (See deposits) — Index to Charter xv Damages — Sec. City not liable for 47 Grade raising 47 Streets, defects in 47 Day's Labor — Rate of pay for 74 Work may be done by 74 Deaths — Record of, to be kept 34cc Deadly Weapons — Prohibit carrying of 34y Debt — Annual expenses limited to current revenue 50 Budget estimates, contracts must not exceed 50 Current revenue, annual expenses limited to. 50 Current revenue not subject to old debts 50 Funds, special exempt from debts 50 Evidence of debt, issue none except 50 Loans, may make, when 44 Power to create debts limited 50 Public funds and property exempt from 50 Repealing clause, not affect valid debts 79 Deep Water — Appropriation for 38 Deficiency in Revenue — Pro rata abatement in budget 44 Delinquent Taxes — (Taxation, assessor and collector) — Collection of ^^ Prior lien for • ^6, 58 Purchaser of property subject to 60 Unappropriated, used how 52 Deposits — Bank depositories established 19b Collector's duties as to 19c Officers' duty as to 19b Treasurer's duties as to 19b xvi Index to Charter Departments — (See heads of departments) — Sec. Absent head of, another appointed, how 13 Claims, heads of to audit, approve 13 Commissioners, heads of 12 Heads of^ designated 12 Heads of, duties and powers 12 Heads of, make estimates for budget 44 Heads of, absent, another appointed 13 Rules and regulations for 12 Diseases, Contagious — . Regulations against 34j Directors in Corporations — Mayor and two commissioners to be 6 Discussion at Board Meetings — Officers, privilege of 26 District Attorney — Duties to prosecute 31 Disorderly Conduct — (See riots) — Suppressed . 34ee Disorderly Persons — (See riots) — Suppressed 34g Discount on Taxes — Allowed when undue, paid 54 Dog Fighting — Prohibited : 34ff Dogs and Other Animals — Abuse of 34f At large, regulated '. 34e, 34aa, 34bb Index to Charter xvii Donation — ^^c^ City may receive 34^v' State tax, how used 70 Tax for grade raising bonds 70 Draymen — Licensed and regulated 51 Protection for, provided 51 Rates of charges fixed 51 Duplicate Main — Bonds for, election, etc 7 la DUTIES- Breach of, punished 3 1 , 67p Officers, duties of, Board to prescribe 21 Elections — Board of commissioners, election of . . 5 County commissioners to order 5 Duplicate m.ain 7 la Regulations relating to .... .- 5,71a Electrician, City — Appointment of 24 Salary, duties 24 Emergency Clause 82 Emergency — (See reserve fund) — Employees — (See officers and employments) — Exempt from jury service 75 Employments — (See officers and employments) — Engineer, City — Appointment of 19 Assistant, employment of 19 Duties of 1 9g Qualifications of 19g xviii Index to Charier Engineer of Waterworks — Sec. Appointment of 19 Assistant, appointment of 19 Estimates — Budget, estimates for 44 Contracts, estimates for. .;. 74 Evidence — Ordinances, evidence in court 17, 77 Exemptions — Attachment and garnishment, officers exempt from 49 City not liable for grade raising damages or defects in streets ^ 47 City property and funds exempt from debt and seizure. ... 49, 50 City exempt from bond in judicial proceedings 28 Officers and employees exempt from jury 75 Taxes exempt from seizure for debt 53 Pares, Rates and Charges — Franchises granted. 45 Hacks and vehicles for hire 51 Street cars • 34q Sewer rates 34r Water rates ' 34r Fighting, iVsusiVE Language, Etc. — Prohibited 34ee Fees — All paid to city, when 24 City attorney to receive 19d Prohibited except when 24 Filling and Grading — (See grade raising) — Public property, improvements and tise of 37 Finance and Revenue — (See commissioner of) — Index to Charter xix Financial Affairs of City — (See financial statements)— Sec. Auditing and settlement of accounts 44 Auditing and approval of claims 13,16 Bank depositories ^ 19b Board of commissioners, general powers over . 44 Budget, making of 44 Fiscal year 44 Financial statements 13, 73 Revenues, collection of 44 Reserve fund 44 Liabilities of city, payment of, 44 Loans may be made, when and how 44 State Comptroller's duties as to 73 Financial Statements — President to make to Comptroller 73 Quarterly, to be published 13 State Comptroller's duties as to 73 Fines, Penalties, Etc. — Regulated 34dd Sentences and penalties assessed 34dd Work on streets and public works 34dd Fire Arms, Fire Works — Carrying of, prohibited 34y Use of, regulated, prohibited 34o Fire Department — Chief of, appointment of 19 Chief of, duties and salary 20, 20a Chief of, assistant, appointment of 19 Commissioner of police and fire 20 Commissioner, powers and duties 20 Organization of 20 Old members given preference, when ". . . • 20 Recommendations by fire commissioner . 20 Rules and regulations adopted 20 Salaries 20a Suspensions, charges, trial 20, 32 Violations of rules, penalties for 20, 32 Fire Limits — May be established • 34i XX Index to Charter Fiscal Year — Sec. Period of 44 Fish, Fowls, Meat, Etc. — Inspection of 34u Fishing Piers — On beach, construction and regulation of 40 Fences — Partition 34i / Flues, Etc. — Regulated 34i Fruits, Unwholesome- — Vending of, prohibited 34u Franchises — Application for, publication of 45 Forfeitures of 45 Granting of, regulated 45 Limitation upon 45 Old grants preserved 45 Rates and charges regulated 45 Fowls, Fish, Meats, Etc — •Regulation of 34aa, 34bb Funds — (See city funds and property) — Grade raising tax, special fund 72 Grade raising, wharf dividends used for 71 Grade raising, tax levy for , 70 Reserve fund, emergency 44 Sinking funds, tax levy for 67b to 67h Special funds, special trust fund 67i Sinking funds, investment of 67m Special funds created 34x Special funds, punishment for diverting 34x, 67p Surplus from bond tax, how used 671, 76 Surplus from reserve fund, how used 44 Index to Charter xxi Galveston Wharf Company — Sec. Directors in 6 Dividends used for grade raising bonds 71 Settlement with 78a Gambling — Prohibited 34k Garnishment — City property and funds exempt from 49, 50 Officers of city exempt from 49 Government — (See old government, also commissioners) — Board of commissioners, powers and duties. 5,6 Style of ; 7 Grade Raising — Board grade raising, appointment of 69 Board grade raising, powers and duties of 69 Board grade raising, salary, terms of office . 69 Bonds issued for 69, 7 la Buildings, raising of 69 City commissioners, powers and duties as to 69 City not liable for damages caused by 47 Cost of charge a lien against property 34c Damages caused by, city not liable 47 District of, defined 69 Dividends of Wharf Company used for 71 Election for grade raising bonds 71a Engineers, board of, appointment 68 Goedhart & Bates contract, not to be interfere with 34b Grade fixed by board of engineers 68 Grade of premises fixed 34c Grade of public property, raised, improved 37 Special trust fund for 72 Special tax levy for 70, 7 la State tax donation for 70 Streets, amount of filling for 69 Grounds, Public — Improvement of, cost of, etc 34b Gun Powder — Storage of regulated 34n xxii Index to Charter Hacks — (See vehicles) — Sec. Hackmen, Etc. — Licensed and regulated 51 Protection of 51 Rates and charges of, fixed, etc ^ . 51 Harbor — Improper use of, obstructing, protection of 37, 46 Harbor Master — Appointment of 19,46 Duties of 19h Salary and bond 19h Hawkers, Peddlers, Etc.— May license, regulate, etc '. . 39 Heads of Departments — (See departments)^ — - Absence of, no final action excerpt 16 Budget estimates by 44 Claims, auditing of 13 Contracts, estimates for 74 Designation of 12 Health Physician — Appointment of 19 Bond of 19f Duties and qualification 19f Meetings of board, shall attend 26 Nuisances, shall abate 19f Quarantine regulations 19f Salary 19f Hide Houses — Regulations as to, etc 34k Index to Charter xxiii Horses, Vehicles, Etc. — Sec. Abuse of 34f Driving, standing on streets 34e, 34aa Fastening - 34e Running at large 34e, 34aa, 34bb Standing of, on streets regulated 34e Hospitals — Regulation and control of 34d Hospital, John Sealy — Board of managers, selected, how 33 Board of managers, terms of office 33 Board of managers, powers and duties 33 City commissioners, powers and duties as to 33 Expenses, how provided for 33 Finances of, controlled by city commissioners 33 Health physician, duties as to patients 33 House surgeon, appointment of 33 Minutes of board 33 Medical staff, appointment, compensation 33 Moneys collected from, paid to city 33 Oaths of office of members of board 33 Officers and employees, qualifications, etc 33 Officers and employees, duties, removal of 33 Patients, register of 33 Patients, charity, health physician to designate 33 Patients, pay, regulations as to 33 Reports, monthly, to be made 33 Rules and regulations 33 Salaries and compensation 33 Hotels, Railroads, Etc., Porters and Runners — Licensing and regulation of 51 Houses, Disorderly — Regulated, suppressed 34k Imprisonment — When assessed as punishment 34dd Inspection — Meats, fish, fowls, etc 34u xxiv Index to Charter Inspector of Waterworks and Sewerage Plumbing — Se<:- Appointment of . 19" Bond, duties, salary, etc 191 Interest — (See bonds, funds, moneys) — • Interest fund, special 671 Rate of limited 67, 69, 71a Jury Service — Citizens not disqualified 75 Officers exempt from 75 Labor on Streets — Prisoners condemned to 34dd Liabilities of City — Payment of 44 Library — Establishment of 43- Licensing — General scope 39,62 License taxes reserved for streets 51 Limited 62 Vehicles, porters, hotel runners and others 51 Licenses — Assignment of, regulated 34z. Reserved for improving streets 51 Scope and subjects of 39, 51, 62 Liens — Nuisances, for cost of abatement of 32 Railroad tracks, cost of removal 41 Sewer connections, in favor of tenant making, , 34s Taxes, payment of, secured by 56, 58 Lighting of Streets — Provided for, regulated 34l> Index to Charter xrxiv Limitation — Sec. City taxes not subject to. '. 60 Loans — Board may make 44 Locomotive Engines — Running of, regulated 34p Markets and Market Houses — Establishment and regulation of 34u Marriages — Record of, to be kept 34cc MAYOk-PRESIDENT Absent or sick, acting appointed 15 Absent or sick, receive no salary 15 Bond and oath of . ..... 7 Budget, penalty for exceeding , 44 Claims, appoint commissioner to audit, when 13 Director in corporations 6 Election of . .• 5 Executive officer of city 13 Financial reports to Comptroller 73 Laws, shall see executed 13 Oaths, may administer 11 Powers and duties of 6 President of board 5 Process, shall sign 12a Qualifications of 5 Removal of 9, 44 Riots, duties and powers as to 14 Salary of 7, 15 Successor of old mayor 6 Term of office 5 Time for qualifying 5 Time to be devoted to duties 7 Vacancy, resignation, filling of 10 Vote, right to, at board meetings 12a Meats, Fish, Fowls, Etc. — Inspection of 34u xxvi Index to Charter Meetings of Board — Sec. Heads of departments absent, no final action unless 16 Officers, certain shall attend 26 Officers, privilege of discussion 26 Quorum 16 Regular meetings, time for holding 16 Special meetings, how held, business of 16 Mendicants, Beggars, Etc. — Suppression of 34g Milk — Inspection of 34u Misdemeanors — Arrest, prosecution for 34h, 34ee Moneys — Board may borrow 44 Collections, daily deposit of 19, 19c Depositories for, established 19b Interest on, used, how 19b Penalties for failure to deposit 19b Public money exempt from seizure 50 Receipts for, given by Treasurer 19b Receipts, duplicates, take for auditor 19b Receipts to be countersigned by auditor . 1 9b Surplus used, how 76 Municipal Government — Board of commissioners shall constitute 5 Board of commissioners successors of mayor and aldermen . 6 Newspaper — Contract for city printing 42 Noises, Disorderly — Suppressed 34ee, 34o Notice — Of nuisances, to abate 35 Index to Charter .^cxvii Nuisances — Sec. Abatement of 34t, 35 Board to define, regulate 34k, 35 Cost of abating charge against premises. 35 Health physician to abate . 35 Notice to owner of premises 35 Ordinances adopted as to 35 Oaths — Assess6r and collector may administer 19c Commissioners and secretary may administer . 11 Mayor may administer 11 Occupation Taxes — (See taxes and taxation) — Offices, Employments — (See officers) — Appointment of, made by majority vote 8 Bonds required 21 Bonds, new, required when 21 Bonds, form of, sureties 27 Created or discontinued by Board 29 Compensation, fixed, limited or changed 21, 29 Duties, other and further prescribed 21 Duration, terms of 19, 25 Qualifications for 19, 29 Removal of 32 Remove without cause 29 Substitute appointed, when 30 Vacancy in, filled 21, 25, 78 Officers — Absence, sickness, etc., substitute for 30 Appointment of various 8, 19 Bonds required, form, sureties, etc 21, 27 Board of commissioners, powers over 31 Breach of duty, prosecuted for 31, 67p Charges against, trial, etc • • • • ^2 Corporation court officers, appointment of 78 Deposits to be made by, daily 19b Discussion, privilege of, at meetings 26 Duties, bonds, compensation, etc 21, 29 xxviii Index to Charter Officers — Continued. Sec. Exempt from garnishment 49 Exempt from jury service 75 Fees of, to be paid to the city. 24, 75 Funds, misapplication of, punished 31 Garnishment, exempt from 49 Jury service, exempt from 75 Majority to elect 8 Meetings of board, shall attend 26 Meetings of board, privileges of discussion at . 26 Old officer continued until . 22 Old officers, acts of, validated 22 Qualifications of 19, 29 Removal of 29, 32 Sickness or absence, substitute for 30 Terms of office 19, 25 Vacancies in filled 10, 21, 25, 78 Official Journal — Contract for public printing 42 Oil and Gas — Storage of, regulated 34n Old Government — Acts of, in force until 23 Corporation court, powers as to, continued 78 Ordinances adopted by, in force until 77, 79 Old board and officers continued until 22 Ordinances — Evidence in court 17,77 Repealing act does not affect 79 Parks and Grounds, Public — Regulation as to 34b Pavilions — On beach, construction and regulation of 40 Pawnbrokers — License and regulate 39 Index to Charter xxix Paupers — Sec. Introduction of, prohibited 34j Peddlers and Transient Vendors — License and regulate 39 Pension Fund — Board may create, for police and firemen : . 34hh Personal Property — (See taxes and taxation) — Defined 54 JPersons, Disorderly — Suppression of 34g Plumbers and Plumbing — Regulation of 34m Plumbing Inspector — Appointment, salary, duties 191 Police Department — (See police and fire commissioner) — Chief of police, appointment of 19, 20 Chief of police, assistant, appointment of 19, 20 Charges against, trial of, etc . 20 Officers of . 20 Organization of 20 Rules and regulations adopted 20 Rules and regulations, violations of, punished 20, 32 Salaries and compensation 20, 24 JPoLiCE AND Fire Commissioner — (See police department) — Accounts, shall audit " 13 Appointment, shall recommend 20 Appointments, failure to recommend 20 Appointments, board to make, when 20 Designated, how • 12 Good men of old force have preference 20 Powers and duties 20 Powers and jurisdiction 12 Pounds, Public — May establish " 34aa XXX Index to Charter Powers — Sec. Corporate 1 Powers and Jurisdiction of Board — (See board of commis- sioners) — Premises, Private^ — Cleaning of, regulated 341" President of Board— (See Mayor-President) — Printing, Public — (See official journal) — Prisoners — Worked on streets, etc 34dd Prize Fighting Suppression of 34ff Process — Board may issue 1 2a, 20- President shall sign 12a Property Exempt from Taxation — Exemptions 53- Property, City — (See public property) — Prostitutes — Suppression of 34g Public Act — Charter of city is 80 Public Health — (See health physician) — Buildings, etc., unsanitary, condemned 34t Contagious diseases, protection against 34> Dead carcasses, removal of, etc. 36- Health physician, duties as to 19f Hospitals, control and regulate 34d. Meats, fowls, vegetables, etc., inspection of 34tt Nuisances, define, abate 34k, 34t. Index to Charter - xxxi Public Health — Contimted. Sec. Quarantine, enforcement of ... • 34a. Sanitary laws to be passed 34a Slaughter houses, etc., regulation of 34k Yards, streets, etc., cleaned 341 Public Moneys — (See moneys) — Public Property — Enumeration of 4- Exempt from debt and execution 49, 50 Fill and improve 37 Vested in corporation 4 Qualifications — Commissioners 5 Officers 19, 29 Quarantine — May establish and enforce 34a Quorum — Majority constitutes 16 Railroads — City railroad, accommodations for travel 66' City railroad, regulation of 34q, 66- City railroad, lien for paving 66 City railroad, paving between tracks 66 City railroad, passengers, safe carriage of 66 City railroad, speed of, may regulate 66 City railroad, tracks, repair of 66 City railroad, taxation of 66 Engines, running of, regulated 34p Fares, rates and charges regulated 34q Runners, porters for, licensed and regulated 51 Speed of trains and cars regulated, etc 34p, 66 Tracks, removal of, for non-user 41 Tracks, change of location 41 Tracks, crossings at intersections 34p Tracks, lien for cost of removal 41 Tracks, laying of, regulated 34p xxxii Index to Charter Rates of Charges — (See fares, rates and charges) — Sec. Hackmen, draymen, porters, etc 51 Real Estate — (See taxes and taxation) — Defined * 54 Regulations — Old adopted in force until 23 Removal — (See officers) — Of commissioners 9 Of officers .-. . . 9, 29, 32 Repealing Act — Old bonds and debts not affected by 79 Resignations — (See officers) — Of mayor or commissioners 10 Reserve Fund — Emergency, used for 44 How disposed of 44 Penalties for diverting 44 Unexpended balance 44 Resolutions — Old adopted in force until 23 Restaurants — On beach, construction and regulation of 40 Revenues — (See taxes and taxation) — Collection of 4 Current only liable for debts 50 Exempt from seizure for debt 50 General power of board over.* 44 Unappropriated, how used 52, 671, 76 Right of Way — (See franchises) — Riots — (See Mayor-President) — Suppression of 14, 34ee Index to Charter , xxxiii Sails, Yards, Anchors, Etc. — Sec. Use of, regulated 46 Salaries — Board to fix for all officers 21, 29 Commissioners' salaries 7 Changed, when and how 44 Fees prohibited, except paid to city 24 Fixing of 44 Limitation of 24 Sanitation — (See health physician) — Carcasses, dead, removal of 36 Health physician, duties as to 19f Markets, establishment, regulation of 34u Meats, fish, fowls, etc., inspection of 34u Nuisances, abatement of 19f, 35 Nuisance, defined and regulated 34k Quarantine to be enforced 34a Unwholesome matter, etc., removal of 36 Sanitary laws to be passed 34a Yards, streets, alleys to be cleaned 341 School Taxes — (See taxation) — Collection of 19c, 64 Levy and assessment of 65 Schools, public free, bonds to be issued for construction, etc., of 71b Seal — Corporate 1 Seawall — Construction of 48 Secretary — (See city secretary, also waterworks) — Sewer Bonds — Tax levy for 67g Sewers and Sewerage — (See waterworks and sewerage) — Sexton — Appointment of 19 Duties, salary, fees 19m xxxiv Index to Charter Shores and Waters — Sec. Buildings, removal from . 35 Buildings, construction and regulation of 40 Shows, Circuses, Etc. — Licensing, regulating, etc 34gg Sickness, Absence, Etc. — (See officers, also Mayor-President) — Sidewalks — (See streets, alleys, etc.) — Cleaning of, etc 341 Improvement and use of, regulated 34b Sinking Funds — (See funds) — Investment of 67m. Sewer bonds 67g Special fund 67i Tax levy for 67b to 67h Slaughter Houses — Regulation of 34k Special Funds — (See funds) — State Tax — Donation of, for grade raising 70 Steamboat, Hotel, Etc., Runners — Licensed and regulatd 5le Street Railroads — (See railroads) — Streets and Public Property — (See commissioner of) — Streets, Alleys, Highways, Public Grounds — Buildings, removal of 35 Burdens, additional for sidewalks, etc 48 Condemnation for 35 Control, use of 34b Defects in, no damages for 47 Driving on and use of 34c Encumbrances on 34b Index to Charter , xxxv Streets, Al'-^eys, Highways, Public Grounds — Continued. Sec. Grade of, raising of and fund for 69 Horse, use of by, regulated 34e Improvement and use of 34b Lighting of 34b Opening and closing of 34b Opening new streets 34b, 35 Railroad tracks, paving, etc 66 Seawall, breakwaters, additional burdens for 48 Sewers, drains and lighting of 34b Tax vehicle, used for 51 Trash in, removal of, etc 341 Vehicle tax used for 51 Style of Board 7 Suits by or Against City — Citizens competent witnesses and jurors 75 Surplus Revenue — (See budget, also revenues, also moneys) — Appropriations of 52, 671 Bond funds used, how 76 Suspensions — (See police and fire department, also Police and Fire Commissioner) — Charges and trial of . . '. 20 Taxes and Taxation — (See assessor and collector) — Ad valorem, levy of '. 54 Assessment and collection of, regulated 19c, 55 Assessments, how made 65 Assessor and collector, duties of 19c, 54, 55 Attorney, city, collection of taxes 56, 60, 67h Bankrupts' taxes 39, 52 Bonds, levy for 67, 67b to 67h, 71a Bonds, levy for, not affected by repealing act . . . .• 79 Bonds, levy for, limited 67h Bondholders, taxes released by, used how 671 Board of Equalization 19c Collection of 19c, 54, 55, 56, 60, 61 Compromise of taxes 63 Damaged stocks 39 Delinquent taxes, collection of 54, 60, 61 Delinquent taxes, unappropriated, how used 62 xxxvi Index to Charter Taxes and Taxation — Continued. Sec. Delinquent tax payer 60 Delinquent, surplus of, how used 62 Demand for, not necessary 59 Discount allowed on 54 Due and payable, when 54, 59 Equalization of I9c Exempt from execution 50 Exempt from limitation .' 50 Exemptions from SZ Franchises, taxing of 45 Grade raising tax, bonds, tax donation 70 Grade raising, wharf dividends used for 71 Interest on taxes 54 Junk dealers 39 Licensing, general scope and subjects of 39, 51, 62 License taxes reserved for streets 51 Lien for taxes 56, 58 Limitation of taxing power. 54 Limitation not to be pleaded 60 Lists and rolls, how made out 55 Occupation taxes, levy of, regulated, limited 62, 67o Occupation taxes, subjects of 62 Pawnbrokers, licensing, etc 39 Penalties for non-payment 54 Penalties for not assessing 55 Personal property defined 54 Powers and remedies for collection of 19c Powers of taxation, limitation of 67o Purchaser subject to tax, a delinquent 60 Railroads, street taxes against 66 Real property defined 54 Rolls, regulations governing 55 to 57 Rolls, supplemental lists 19c Rolls, abbreviations, figures, etc., effect of 57 Rolls, sufficiency and validity of 57 Rolls to be turned over to city attorney, when 61 School taxes, collection of 19c, 64 School taxes, levy and assessment of 65 State law governs 55 Suits for taxes * 56, 60, 61 Supplemental tax lists 19c Transient vendors 39 Trust funds 671, 72 Vehicles licensed, revenue from used, ho\v 51 Index to Charter ' ^ xxxvii Terms of Office — (See officers) — Sec. Of commissioner 5 Theatres, Shows, Circuses, Etc. — Regulating, licensing and taxing of ^"^SS Transient Vendors, Peddlers, Etc. — Regulated, licensed, etc 39, 62 Tramps, Vagrants, Etc. — Regulated, suppressed 34g Trash in Streets, Etc. — Prohibited 341 Treasurer — Appointment of ". 19 Accounts, shall make monthly : . . . . 19b Banks of deposit 19b Bond of 19b Bonds, new, required, when 19b Deposits, daily to be made 19b Duties of 19b Receipts to be given, duplicates 19b Reports made 19b Salary of 19b Trust — Breach of, by officers punished 31, 44, 67p Unwholesome Matter — • . . Removal of 36 Vacancies — Corporation court 78 Mayor, commissioner, resignation, removal of 10, 44 Other officers 25, 78 How filled 10, 21, 25, 78 Vagrants — Regulated, suppressed 34g Validated — Acts of old board and officers 22 xxxviii • Index to Charter Vehicles — Sec. License, tax and regulate 51 Porters and runners 51 Protection to hackmen and others , 51 Rates and charges regulated 51 Revenues from, used for streets 51 Standing, riding and driving in streets 34e Vendors, Transient — Licensed, regulated 39 Vessels — Harbor master, appointed 46 Position of regulated 46 Sails, yards, anchors, etc., regulated 46 Speed of, regulated 46 Walls — Party 34i Wards — City divi4ed into 3 May be changed 3 Waters and Shores — Buildings, removal from 35 Buildings, etc., construction and regulation of 40 Waterworks and Sewerage — (See commissioner of) — Alta Loma Waterworks, Engineer, salary of 24 Accounts, auditing of 13 Commissioner of, designation 12 Commissioner of, duties and powers 12 Construct and maintain 34r Engineer of waterworks, appointment 19 Engineer of waterworks, assistant, appointment . 19 Engineer and assistant, duties and salary 19j Inspector of plumbing, appointment of 19 Inspector of plumbing, duties, bond, salary 191 Linemen, salary of 24 Lien favor of tenant for connections 34s Protection of 34r Index to Charter ^ xxxix Waterworks and Sewers — Continued. Sec. Rates for 34r Right of way for 34r Rules and regulations for 34r Secretary of, appointment 19 Secretary of, duties, bond, salary 19b Sewer Department, Foreman, salary of 24 Sewers, connections 34s Superintendent of, appointment 19 Superintendent of, duties, salary 19i Wharf Company — Settlement with 78a Witnesses — Citizens not disqualified 75 Yards and Premises — Cleaning of, regulated 341 THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW AN INITIAL FINE OF 25 CENTS WILL BE ASSESSED FOR FAILURE TO RETURN THIS BOOK ON THE DATE DUE. THE PENALTY WILL INCREASE TO SO CENTS ON THE FOURTH DAY AND TO $1.00 ON THE SEVENTH DAY OVERDUE. MAR 3 1936 ("An 2H St,.-. ^ LD21-100m-8,'3 / !<;